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Board wants to interpret condo association bylaws as they see fit

Posted on Thu, Oct 07, 2010 @ 06:26 AM
  
  
  
  
  
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bylawsOur condo board sent out a letter to all unit owners stating what they will present at our general meeting: a list of what owners are responsible for and what the condo association's responsibilities are. Then, with the approval of the owners they will change the by-laws.

When we first moved in ten years ago, we were given a list of what condo owners were responsible for. After reading the by-laws we found many of the responsibilities we were told were ours, were in the by-laws as the condo association's responsibility. (e.g.) Filling in cracks in the foundation, and filling in loose grout in the brick, cutting down and trimming trees that are in our yards. I could go on and on, but the list is too long.

When we reminded the board the by-laws stated who is responsible for what, they said it was a matter of interpretation, and since the other boards had the same interpretation as this board, they were just going to change the bylaws. We suggested they ask our lawyer to interpret for us, their answer was they didn't want to have to pay lawyer fees. So, they are going to write up what they think is the way it should be,and have the owners vote on it at our general meeting. Can they do this? If things were better and we could get out of here, we would be gone next week. We are tired of arguing with this condo board.

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Comments

Interpretation of by-laws or documents can be tricky. Why not sit down with one of the Directors and WITHOUT ARGUING try to understand the Board's position? As long as you insist on arguing you will never understand the Board's position.  
If they are wrong, then at least, you will have understood how they came to the errors of their ways. That's a start toward conciliation.
Posted @ Thursday, October 07, 2010 7:17 AM by Michael E Katz
I've said it nefore-many times-get a copy of your states condominium act. In most states that law defines then process that must be followed to change bylaws. It is not easy since approval for change requires a 66.67% majority vote by unit owners.
Posted @ Thursday, October 07, 2010 7:32 AM by Charles Adler
It sounds like the Board is trying to cut some of your association costs by passing on some of the costs to the association individual units. This has been a problem for many years in many associations. All laws, conditions, covenants, restricions and rules are open for interpretation by any individual. That is why lawyers and judges have jobs. There job is to ARGUE their client's point of view and the more they argue, the more the attorney gets paid. They win and everyone else loses. The lawyers get paid and the clients pay one way or another. Instead of paying for a few repairs, all of you end up with huge attorney bills and you as an association or you as an individual owner still have to pay for the repairs. To me, this is a no brainer. SIT DOWN AND IRON THIS OUT AMONGST YOURSELVES WITHOUT INVOLVING AT ATTORNEY WHO GETS PAID TO ARGUE! Unless of course this is an EGO thing for all of you. In that case, go ahead and spend all your MONEY so that at least one of you can say "SEE, I WAS RIGHT".
Posted @ Thursday, October 07, 2010 9:30 AM by John Fitzgerald
First, read the section of the bylaws that provides for amendments. Then review your state's condo act for maintenance of the property, for insurance coverage for loss (again may address obligation of the entire condo to repair the property), for revising the bylaws, and for calling meetings of members. Mr. Adler above mentioned the normal percentage of owners to approve changes.  
Some bylaws require mortgagee signatures and many loans to individual owners also require their individual lender to concur in writing. 
The members do need to hear the concerns that have caused the board to consider this. Future costs, lack of reserves for repairs, and current problems with delinquent accounts may be reasons for the board's actions.
Posted @ Thursday, October 07, 2010 10:25 AM by Nancy Jacobsen
In what state are you located??
Posted @ Thursday, October 07, 2010 11:00 AM by Charles Adler
As stated by others 2/3 vote is normally required for bylaws changes. And the condo laws in your state may state that everyone has to be notified and be able to send in a ballot.  
 
 
 
I think most bylaws and are pretty clear without the need for a lawyer to interpret. Of course there will always be gray areas. 
 
 
 
The types of things you mention seem to me to be better done by the association. Otherwise, it would be very difficult to enforce and you may have very uneven quality to the point the whole complex may look like a patchwork. 
 
Posted @ Thursday, October 07, 2010 2:28 PM by Rick
In most staes the condominium act dictates that by law changes must include a vote from all unit owners-absentees as well as residents. These regulation cite specific steps and time schedules that must be followed and leading to the vote. Almost every state has such a law on their books. Sometimes however the title of the law may be different than Condominium act. But if you put your state name into your seacr engin and add condomi8nium act to it you will find the pertinent law in your state. Remember State law prevails over Bylaws when there is a conflict.
Posted @ Thursday, October 07, 2010 3:42 PM by Charles Adler
Mr Adler, 
 
I live in SC and our HOA has no bylaws, just a covenant and only 3 persons serve. There is no contact w/owners, and only by dogging the Management CO have I been given info. There are so many things needed to be done to get things in shape, were do we begin? The Pres is open to anything as he has no time for this but when the developer turned things over to the Management CO, they called an annual mtg (2 yrs ago) and he volunteered, not realizing what was involved. He is a good man but in over his head. What do we do 
Posted @ Friday, October 08, 2010 10:26 AM by P Willard
Mr. Willard click on to get your state condo act 
 
http://www.regenesis.net/3/statutes.htm#SC 
 
 
 
Read ther condo act and learn the responsibilites of your association.Unheard of that you have no bylaws. The state law should provide info on this point. 
 
How many unitsb are in your association?? After reading your act if you have questions please do so
Posted @ Friday, October 08, 2010 10:40 AM by Charles Adler
Mr. Willard 
 
Under most stgate condominium acts the developer must provide the initial set of bylaws. Did yours do so??
Posted @ Friday, October 08, 2010 10:42 AM by Charles Adler
There are 160 single unit homes. I am looking into what the developer provided and believe there are bylaws that are very weak if at all. The current BOD is what I am currently trying to work with (3 members only) and should know much more after the first annual meeting in 2 years, to be held Oct 25.
Posted @ Sunday, October 10, 2010 3:44 PM by P Willard
In what state are you located??
Posted @ Sunday, October 10, 2010 7:01 PM by Charles Adler
Mr Adler, My question is under Boards. My question is under " Board wants to interpret condo association bylaws as they see fit". I live in Illinois. 
 
Posted @ Monday, October 11, 2010 9:59 AM by nana
Mr.Fitzgerald, 
 
Our promblem is not a matter of ego. It is a matter of right and wrong. 
 
Caps are not necessary. Thank you.
Posted @ Monday, October 11, 2010 10:03 AM by nana
You should scan through your state cindo act. 
 
"http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct=765%C2%A0ILCS%C2%A0605/&ChapterID=62&ChapterName=PROPERTY&ActName=Condominium+Property+Act. 
 
I believe you will find the answers to many of your questions. Keep in mind that in case of a conflicty between your bylaws and the state law-the Condominium Act takes precedence. If ther url I provide above does not work just put "Illinois Condo Act" in your browser and you'll find it.
Posted @ Monday, October 11, 2010 10:14 AM by Charles Adler
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