Condo Association Management Blog

What do your bylaws say about visiting hours during the winter?

Our Declarations say we are closed during the winter. They do not say anything about 'visiting' the property, just that we cannot occupy them. We've owned the property for more than 7 years, and during that time the Board actually encouraged unit owners to go up to check on the property, occupy the unit without running water (we brought our own), etc. Many on the Board actually occupied the units themselves over the last 7 years.

Perhaps the Board is worried about liability issues. If visiting members are disabled, what happens if someone is injured when the Association is supposed to be closed? I'm also not sure why you would want to "camp out" if you are disabled and can't walk up the driveway in the first place.

Exactly what do the CCRs say is closed in the winter. IMO, the assn may close the common areas or any amenities during the winter monthly; however I doubt they have the authority to prevent your access to your own property. I could not find anything in the NC Planned Community Act, but the NC Condo Act -- section 47C-2-105(12 says the declaration must contain: 
 
 
 
"Any restrictions on use, occupancy or alienation of units". 
 
 
 
Is there a section on "use of property" or "Use of common areas" in your CCRs? Regardless, I doubt they have a legal right to do what they are doing. The BOD should consult with an HOA attorney before enacting this rule because I really think it may be against the law. I have never heard of a board having a legal right to deny a member access to their property.

What Joyce says is right on. Did you receive a communication from your board that going forward no excemptions will be made ?? 
 
I always wonder why people insist in defying logic. If you are indeed the disabled owner you should hire someone to check on your property now and then during the winter months when your associations has stipulated that owner are not supposed to occupy the homes or cabins. If you have irrefutable evidence that board members are indeed violating this rule then send a certified letter, return receipt requested stating your grievance.

I think those who've answered do not understand that being unable to walk long distances does not keep a person from 'camping out' as one person put it. My husband helps me.  
 
 
 
Again, the declarations state that homeowners are not allowed to occupy their units from Nov 1 to May 1, and that the water will be turned off. It says nothing about restrictions to access to the property, both the invididual units and the common areas.  
 
 
 
There was an Amendment added to the Declarations about 15 years after the Association began that was intended to prevent water damage caused by frozen pipes because most unit owners lived in Florida and they just turned off their electricity (thus the heat). So the amendment states that because the units are not properly 'winterized' for cold weather use in that they do not have insulation and heat, which is not true, that the water will be turned off, and owners are asked not to occupy their units. If they do, they are responsible for any damage. 
 
 
 
In the past, as we would now, accepted responsibility for damage. There has NEVER been damage because we 'camped out' but we did prevent vandalism, and further damage from debris on the roofs that would have caused significant damage had no one been there. Additionally, the insurance company now says that it considers the property abandoned, and will not cover for theft and vandalism, and is decreasing the amount of fire coverage. Our Declarations clearly call for comprehensive insurance, which we've had until this year.  
 
 
 
The Board refuses to answer our letters and emails about our concerns for this decrease in insurance coverage, about our concerns about completely abandoning the property without the ability to check on our unit. And refuses to answer our requests for the combination to the lock to the gate.  
 
 
 
FYI: We are a 47A condo association, not a 47C. So the law may not apply. We do have evidence that the Board members have been violating this rule for the last seven years. They were there when we were there many times, and they were the ones who encouraged us to go in the first place. And they actually turned on the water several times while we were there. Again, no damage occurred.  
 
 
 
As for the gate. It is not on our property, but rather an access road to our property. They think they have the right to deny access to our neighbors property. We have notified the neighbors. 
 
 
 
Over the last several years, the Board has failed to respond to concerns, repair broken gutters in a timely manner (it's been six months!), or maintain the grounds. They elected themselves to office without allowing nominations from the membership. 
 
 
 
We really do not want to take this to the courts. Homeowners rarely win against an Association Board. We just want to know what to do short of that.

Linda, I understand your frustration and I am afraid you already know the answer to your dilemma. I see no other recourse but initiate legal action in NC. What do you expect average folks on this blog to tell you other than show sympathy ?

One more thing...about the 'hiring someone to check on our unit'...the Board says NO ONE but the fire department and the police will have the combination to the lock. So anyone we hire would have to walk 1/2 mile up the driveway to our unit each time they check.  
 
 
 
It's in a remote area that is 'closed' during the winter months so finding workers is impossible. They fired the only person we had willing to check on the complex once a week, and he refuses to work for any of us now. But he was allowed to drive up the road to the complex.  
 
Also, last year our unit was damaged by 'someone' during the closing process. We only knew about that because we went up in January to check on it. When we reported the damage to the BOD, they refused to accept responsbility. After we went up, someone (with a key) turned our heat up to max (we had it on a low setting in January), so our power bills doubled. We went back to check on the unit b/c of the higher power bills and found the heat running full force. We have no proof, but we believe the person they hired to drain the pipes caused the damage by changing the settings we had on the heat and not putting antifreeze in the drains and in the toilet. We found a chunk of ice in the toilet bowl, and two large containers of water we had in the tub were completely frozen. That would not have happened had they left our heat settings as we left them. 
 
All we are asking for is the combination to the lock so we can open the gate and drive up the driveway because we do not trust the person who closes the complex. The BOD refuses!  
 
I am not the only homeowner with mobility issues, so the only homeowners who have access are the ones who can walk the 1/2 mile up the driveway. We have permission to walk, not drive. Doesn't make sense to me, and it seems a violation of the federal disability act.

I did not know this was a blog for just homeowners, I thought there were experts here as well, or that someone might have had a similar problem and could offer a non-litigation solution.

Linda, from your last posts you either go to the local police station to complain and hire a NC attorney or, buy a wheelchair to be able to inspect your cabin. There is got to be a reason why the board does not want vehicles in and out of the property while owners are not there in the winter months. You agree to this restriction when you purchased. I think you are trying to create a storm.

One last time...this is the FIRST time the Board has locked the gate. The gate they are locking and the road they are blocking, is not even on Association property, it belongs to the neighbors: we are landlocked! The Declarations say nothing about access to check on our property, only that we cannot stay there. We just want the combination to the lock, and I thought this was a site where people who answered knew what they were talking about if they were going to answer. The Board created the storm, and other homeowners are complaining to me. I've told them to tell the Board and not me, but they are afraid of them. That's really all I have to say, and I won't expect help here. Sorry that I took up blog space.