Is there a Connecticut statute of limitation when a condo association bylaw or rules and regulations are no longer enforceable? I'm talking about 4-7 years after the fact. Bylaws do say you have to get permission, then again there is no mention of what kind of screen door is allowed. In two such cases owners have received (from new property manager) notice of hearing and failure to comply (remove or replace) will result with a $25.00 per day fine. This has to do with no record on file with the previous property manager for an owner(s) requesting permission to install a screen door or the screen door does not look like all the other screen doors in the complex. One unit has been sold 3 times and now the new owner (7 years later) has to replace there screen door. The board stands fast,"there is no request to modify the unit" on record. Seems unfair for any owner to be held responsible for lack of due diligence for past discretions made by a previous property manager and board.

We recently purchased a condo in Tennessee. Afterwards we found out that our units (8 years old, 12 units) are associated with older (30 years, 16 in total) condo association. The older units are taking about $5,000 a year of our dues to maintain themselves while we do not have a repair and replacement fund for our roofs. The older units have all the power as they have more votes for board members. We would like to have separate accounting and were told that was out of the question. Is it possible to form our own association?

Do changes in rules and regulations need to be registered with the city or court? If they are not, are they legally binding? Do association bylaws need to be changed if for example it is decided not to allow pets? They were allowed in 1979 when building was first formed. They were disallowed in rules and regs in 1995. They were not registered or filed. Are they legally binding? Thanks, Jo

I live in a large condo complex in Illinois. The Condo Association is relatively new since its inception in 1995. I discovered by reading the blogs published daily on this site, (which by the way, I enjoy greatly), that most condo associations, much larger in size than mine, and some also condo associations smaller, that they have instituted in their bylaws, special policies to protect the homeowners. I find many have Conflict of Interest policies, Code of Ethics policies in place. I've learned that our HOA has no governing documents in place.

There has been several accusations of board decisions, that involved possible conflict of interests and code of ethic violations. For the last few years, this board has repeatedly incurred $25,000 - $60,000 expenses, placed under Miscellaneous with no explanation, unless a homeowner raises an issue with them. I would like to see policies like conflict of interest, code of ethics, and a disclosure policy pertaining to miscellaneous funds and dollar limits on these. How can concerned homeowners initiate these policies in place. I doubt, very much, that the board will entertain such an idea. Are petitions necessary?...and at what percentage needed, in order for this to happen? Comments would be appreciated. Thank you.

One has to do a lot of research before buying a condominium. A condominium is a self-governing entity, which is recognized legally by the state. The condominium board is supposed to manage the property according to the "master deed" and "bylaws," collectively referred to as the "condo docs." Each condominium association has its own rules and bylaws, although there are often similar elements.

There are "common areas" in a condominium, and "units." The common areas are the public areas such as driveways, lawns, pools, and interior structural system of the building or buildings. The unit areas are the actual apartments or townhouses, which have defined boundaries as outlined in the association master deed. The condo association is responsible for the complete maintenance of all common areas (property taxes, street lighting electricity, landscaper, installing a new roof, etc). The unit owner is responsible for maintenance of their unit (property taxes, utilities, interior painting, appliances, etc).

The problem is that many condo association and HOA boards: (1) ignore the bylaws and change responsibility for common areas to unit owners, (2) manage poorly and deplete the association of funds, or (3) have conflicting condo bylaw rules established at inception, and then govern as best they can.

The following is a list of selected condo association documents and issues to research before buying a condominium. Please note condominiums with well managed stable HOAs and condo associations can often appreciate in value at a higher rate than single family homes (and depreciate faster with an unstable association).

Condominium Master Deed/Bylaws

 - Unit boundary definition.
 - Is the unit boundary definition conflicting in different sections?

Condominium Rules

 - Are pets allowed?
 - Can units be rented out?
 - Are rules excessive?
 - Are rules too vague?

Condominium Budget Current Year & Last Year

 - Did the association make budget last year?
 - Did the association make budget by moving money from reserves? 
 - Did any line-item greatly exceed budget and why?
 - Does enough money go to reserves each month?

Condominium Income Statement (possibly combined w/Budget)

 - How much money is in reserves / savings / capital account?

Condominium Reserve Analysis/Capital Plan

 - Does one exist?
 - Does the condo association know what needs to be repaired?
 - Will there be reserve money to replace the roof, water pumps, or roads?
 - Are special assessments (fees) planned to fund repairs?

Condominium Meeting Minutes

 - Are the volunteer condo trustees or board members taking the job seriously?
 - Are normal common area maintenance issues discussed?

Property Manager
 - Call property management and validate budget accuracy.
 - Ask if the condo docs are conflicting or incomplete.
 - Ask if the trustees comply with the bylaw condo boundaries.
 - Are there any big ticket maintenance items on the horizon?
 - Does the association have enough money currently?

Physical Inspection

 - Ask your unit home inspector for their opinion of common areas.
 - Look at the condo grounds, are they well kept?
 - How does the roof look from the ground?
 - How do the driveways look?
 - How do the windows look?
 - Are the buildings painted properly?
 - Are the street or walkway lights working?
 - Ask a unit holder if one is nearby.

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