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Condo association has no bylaws, rather a board policy?

Posted on Thu, Aug 29, 2013 @ 07:55 AM
I have lived in 100 unit condo in Missouri for three years. There are no written rules, only something vague called "board policy," referred to obliquely in once-a-year newsletter. Two things happen: people make up own rules or ignore general decent behavior such as picking up after animals. Can rules/regs be put in writing? How should this happen? Does anyone know of condo complex of this size without written rules? Can fines be imposed if there is no written procedure? Thanks for any feedback. 

6 Comments Click here to read/write comments

How does HOA board member enforce rules and regulations?

Posted on Sun, Apr 29, 2012 @ 08:47 AM
When our condo rules and regulations are violated by one owner where do I go for resolution for the legal problems ? ie.,no pets allowed, no renting or leasing unit, no subleasing. I am a board member. Do I have to evoke a lawsuit to get this done?

17 Comments Click here to read/write comments

How often can condo association or HOA rules be updated?

Posted on Fri, Oct 14, 2011 @ 09:23 AM

How often can rules and regulations be updated? I just took over the management of my condo association and it appears that these have not been updated since 2000. I feel like there are a lot of things that should be looked at but am not sure how to go about doing this. Thank you for any information that you can offer.

21 Comments Click here to read/write comments

Condo association changing as families cant afford single family homes

Posted on Thu, Jul 28, 2011 @ 07:03 AM
Our condo community is changing. We are getting more families moving into units which are probably too small but they can't afford single family homes. They don't like rules so don't follow them and don't think of neighbors when outside with children on patio until ll pm making noise and lighting torches near their fences. The parents of the four year old have been told that he can't ride his bike in the parking lot, on sidewalks or on lawns and that the bike must be stored on back patio when not being used. Has anyone had problems like this and how have you handled it?

20 Comments Click here to read/write comments

How does four person condo association board overide split decisions?

Posted on Tue, Apr 05, 2011 @ 06:49 AM
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Our 40-unit Georgia condo complex has just lost one of it's five Board members. Our by-laws require 5 members, but we've had no luck finding anyone willing to replace the person who left (due to severe conflict caused by two of the board members). My question: now that we are down, at least for the time being, to four members, and among those four members votes will most likely be split two against two, how are tie votes decided? Our by-laws state the president has an equal vote. My understanding of Robert's Rules is that motions resulting in tie votes are dismissed. Is this correct. Our president wants to be a dictator, and thinks the office of president can do as it pleases.

9 Comments Click here to read/write comments

Ridicuous enforcement of condo association rules challenged?

Posted on Thu, Mar 03, 2011 @ 08:29 AM
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The homeowners association of a condominium I own for investment has a rule prohibiting using the enclosed patio of a ground unit from being used for "storage, free of liter and debris." I have been cited because my tenant's children left some toys on the patio, items which could only have been viewed if someone made an effort to peer over the wall surrounding it. I am incensed with this obtrusiveness. Is there any precedent for challenging the reasonableness of HOA rules? Thanks!

29 Comments Click here to read/write comments

Are condo association or HOA rules and regulations included in bylaws?

Posted on Wed, Feb 16, 2011 @ 12:30 PM
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Are the rules and regulations of a homeowners association required to be included in the bylaws document or can the board vote on establishing rules such as all pets must be on leash when outside of the owner's condo and not allowing long term parking of RV's, boats, etc., in driveways and private streets belonging to the association? Our homeowners association is in the state of Iowa. Thank you.

25 Comments Click here to read/write comments

Can we tow condo owners for using handicap parking spaces?

Posted on Thu, Jan 27, 2011 @ 09:21 AM
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We are a condo association with three high-rises, 210 units. We have limited, posted guest parking only including two handicapped spaces per building. We have two owners that have taken over the guest handicapped spots for their personal use. They both have garages closer than these spaces to their units. They have threatened to sue if we tow. They have also agreed to use their garages when they purchased and our bylaws reflect the same. Can we tow?

6 Comments Click here to read/write comments

Do new condo association rules get recorded with registry of deeds?

Posted on Wed, Jan 19, 2011 @ 07:24 AM
In Massachusetts does the elected Board of Managers have to record updated Rules and Regulations with the State of Massachusetts Registry of Deeds? In the Master Deed there is no direction to record changes just that "from time to time the Board may add, or delete, rules and regulations". In December 2003 our 32 unit condo building the Board of Managers added the regulation of the entire property being a non-smoking property after a survey vote of 30 units wanted the property to be designated as such. Should we record this at registry? Thank you for any advise.

11 Comments Click here to read/write comments

Owner frustrated with condo association, considers walking away

Posted on Mon, Jan 17, 2011 @ 06:49 AM

The Condo laws in New York State are in favor of the Board Members. The judge will normally dismiss the case on the grounds that we elected these members and so the Board can do whatever they want! Unfortunately our Board isn't voted in because at elections, votes are not counted for something as a $25 parking ticket. This isn't in the by-laws but whenever I as a unit owner refer to the by-laws the Board just ignores them. We are supposed to vote on any capital improvement according to the by-laws but this isn't followed by the Board.

My problem is that our ceilings collapsed due to water damage and leakage. I went to the Building Code Enforcement who told me they couldn't do anything unless the actual roof collapsed. The Board collected two assessments totally over $500K. They hired a contractor who had no experience in roofing. Worse the Board sign a contract in which they accepted not to have a warranty. They also signed that neither the Board or individual owners could file a legal complaint against the contractor. Needless to say the roof was never fixed and the leaking has gotten worse and there seems no recourse from the Town of South Fallsburg.

Yesterday I was on the property when a tree almost hit me. The Board had sold our park trees to be logged but didn't take any safety precautions. When I contact the Board to ask if the company doing the logging was insured,the Board refused to answer any questions. We have been told that we can't have any transparency in the way of capital expenses or any budget. We are having our maintenance increased without warning. The Board says they will continue to increase the maintenance until they can cover their expenses and then go out and by a huge compactor and putting up an electric fence when we have 24 hour security!

My lawyer said there is nothing I can do except put my maintenance in escrow or walk away from my unit. The Board doesn't seem to care when owners walk away from the units even from a lack of maintenance point of view. The Board just put them on the market "as is" like foreclosures asks maybe $10K and soon there is a new sucker in the unit. I'm at my wits end! Why is walking away from my unit and losing my investment the only option I have due to this Board?

12 Comments Click here to read/write comments

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