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Can you help decifer a passage from our Condo Association's CCR?

  
  
  
  
  

Could someone try and interpret this passage in our CCR's.(Conditions, Covenants and Restrictions)

"The Association has the right and power to prosecute or defend, under the name of the Association, any action affecting or relating to the Project or the personal property thereon, or any action in which all of the Owners have an interest in the subject matter of the action. Notwithstanding the foregoing, without the prior vote or written assent of a majority of the voting power of the Association, the Board may not institute any legal proceeding (including any arbitration or judicial reference proceeding) against any person or entity the cost of which could reasonably be expected to exceed Two Thousand Five Hundred Dollars ($2500.00). In estimating the costs, the Board shall include all normal and customary court cost and attorneys' fees without regard to the possibility of recovery costs and fee the Association were to prevail."

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Comments

Was that passage in your original bylaws or was it an addendum? 
 
Vic
Posted @ Thursday, October 28, 2010 1:19 PM by Victor
It is in the original CCR's.
Posted @ Thursday, October 28, 2010 1:26 PM by Richard
What is there to "interpret" or analyze ? It is quite straightforward. Read it several times until you register it.
Posted @ Thursday, October 28, 2010 1:29 PM by Susana Murray
My reading is that an Association cannot bring suit against anyone if the known or foreseen costs exceed $2500 or more without the approval of a majority of the members.
Posted @ Thursday, October 28, 2010 1:37 PM by Richard
This is not legal advice. Consult your attorney on the meaning of the clause when taken in context with your state laws. 
 
However, my layman's opinion is that this says the association can file suit on an action affecting all owners provided the cost to file suit do not exceed $2,500. If they do (and they most certainly will) then you have to have approval of the majority of the owners. 
 
Darron 
 
Assessment Recovery
Posted @ Thursday, October 28, 2010 2:04 PM by Darron
The post was taken directly from our CCR's, Section 4.1.13. I showed that to an attorney and he said even if it followed state law, it was un-enforceable.  
 
 
 
I was wondering if the interpretation is black and white, is any of the CCR's enforceable?
Posted @ Thursday, October 28, 2010 5:38 PM by Richard
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