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Condo association rules and adding Holiday or Christmas decorations

  
  
  
  
  
Can the Condo Board use general funds to purchase holiday decorations with or without a budget line item or reserve line item? Can the Board establish rules and guidelines regarding holiday decorating even if these rule and guidelines may differ from historical tradition of the Condominium. Lastly, can we simply add these rules and guidelines into our "House Rules" without a member vote, just approval by Board majority.
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Comments

I cannot answer your question unless you advise me in what state you are located. Most states have a condominium law and in most of those laws establishment of rules isspecifically addressed. Most require that a majority vote of the owners is required to establish a rule. The HNioard cannot just announced a new rule.
Posted @ Sunday, December 05, 2010 9:40 AM by Charles Adler
As the responders almost always ask -  
What State?  
Have you looked at the Condo Act re adoption of rules? 
What do your bylaws say?  
 
A budget is a map - not an absolute. Unless these expenses are out-of-order with the financial condition of the condo AND if the decorations are holiday style such as greenery, flowers, not specific to a religious approach, there may be no problem. If the financial condition of the condo is perilous, then this would be mistaken judgement.  
 
Rules adoption in many states are dictated by the Condo Act and the bylaws. Sometimes rules come about because some owners exceed the generally accepted standards that owners and residents had followed in the past.  
 
Posted @ Sunday, December 05, 2010 9:43 AM by Nancy Jacobsen
we established a very detailed list of appropriate times to display and take down any sort of holiday / celebration decorations 
 
it seems to be working
Posted @ Sunday, December 05, 2010 10:49 AM by Bob
It's hard to answer all your questions w/o knowing what state you are located in. Some states have laws requiring board-adopted rules to also be approved by the members. 
 
 
 
If your state does not require members to ratify or vote for the rules then I would say the BOD has this power but only if it is delegated to them in the CCRs.  
 
Also note that most state laws override what is written in your gov docs. I suggest you check out your state laws on this. Most CCRs do state that the board has the authority to adopt rules and to interpret the CCRs; however that may not be the case with all CCRs. 
 
 
 
Depending upon how your CCRs are worded regarding use of assn monies, the BOD may use assn monies to procure holiday decorations to be used throughout the HOA community. "Historical tradition" is not something that cannot be changed by the BOD from year to year. Just because something was done one way for several years doesn't mean it must always be done that way -- unless it is specifically outlined in the gov. docs.
Posted @ Sunday, December 05, 2010 11:49 AM by mary
The questions asked concern a Condo in Florida. Our current by-laws, house rules and Articles of Incorporation do not address these questions and we just have had an issue which we must address for the future of the building. Additionally, I cannot find anything is F.S.718 that clarifies the issues. We have conceded to allowing religious decorations, however this seems to me to open a can of worms and I would prefer a non-denominational theme which would be better for all; it will not discriminate against anyone and still keep the spirit of the season.
Posted @ Sunday, December 05, 2010 1:26 PM by Charles Boisclair
Christmas decorations: Yes, the board can pay for decorations out of the General account, without a specific amount budgeted for decorations. That is the purpose of a general account. 
 
Rules without vote: The board can establish rules respecting issues not covered in either legislation or the corporations declaration or bylaws, such as when decorations may go up, and by what time they must come down. 
 
Posted @ Thursday, December 09, 2010 4:47 AM by Former Manager
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