Condo Association Management Blog

What state are you in?  
 

I live in Exeter, New Hampshire..Thank you for asking. 
 
 
 
In addition, the property mgt has imposed on the board additional bylaw violations. IE: Prop mgt rep indicated we only need one means of egress and as we live in a condo w/ back and front within condo building.I, myself called the Fire Marshall and he confirmed 
 
what I had thout..2 means of egrees per builing. There have been other bylaw vilations as well. What can we as unit owners do? This has been going on too long. I read and re-read the bylaw book to question any decisions that property mgt has made.

RE: above initial comment, I am NOT a BOARD MEMBER, (just waiting for the time)I am a unit owner who is diligent in reading the by-laws.So, whose responsibility is it to make sure bylaws are followed, the Board or Property Mgmt. company. It seems every month while attending the Board Meeting, the prop mgt rep takes the lead and indicates what is what to the Board..I am very close to the Pres. of the Board..and always asks me for advice. Any advice would so appreciative! Thank YOU!

By, the by..thru an attorney, found that they indeed violate the bylaws re: 15 day advance notice!

In general, the Board (not the manager) sets policies and procedures and gives the manager direction and instructions. Under Florida law the Board is always the responsible party. The Board can never give up its responsibility to another but the Board may give another the authority to proceed with certain duties. 
 
The Manager implements the policies and procedures of the Association by and through the Board of Directors. 
 
You are assuming that the notification is the managers fault, but it is possible that the manager was only doing as instructed by the Board. 
 
If instructed to do so by the Board, the manager may chair meetings. It is also possible that the manager is presenting the financial reports and other regular reports as instructed by the Board. 
 
Under Florida law, you would have received a 14 day notice of the budget and calculation of maintenance fees. (Where you would have either noticed a fee increase or decrease). Once the Board voted on the budget normally at the annual meeting, this budget would be effective, and your maintenance fees adjusted appropriately. I would think that the board would be required to provide you with a copy of the proposed budget before adopting it (as they do in Florida). And if so, then whenever the Board adopted the budget, your notice requirements may have been met by sending out the budget. 
 
Before you assume the manager is acting untrustworthy, you need to find out if their actions were a result of instruction from the Board, a misunderstanding of condo docs vs state laws, or even if what they have done is really violating the law.