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Condo association board cuts exclusive rental deal with resort

  
  
  
  
  
I have a condo at a ski resort, the board has entered into an exclusive rental agreement with the resort. The condo board votes on this yearly without a quorum present. I rent my unit myself and one employee has begun sending me notices and letters stating I cannot rent it. There are a number of other individuals and real estate agents that are renting their units, but they have not been contacted. I feel I have been singled out and am being harassed.
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Comments

I do not see how your board can make such a decision without a quorum. It seems to me even with a quorum it is the type of decision that the association as a whole would have to make, with all owners having the right to vote and decide unless otherwise specified in your association legal documents and/or state condo law. Furthermore, whatever is decided would have to apply equally to all owners. I have done some research on fiduciary case law (as a non atty.) where I cite a number of cases found on the Web that speak to equal equal treatment and other fiduciary responsibilities of condo boards. It contains quotes and links to the source documents and can be found at www.wvnorthface.info/nf/pg.php?&page_name=fiduciary
Posted @ Monday, December 13, 2010 2:33 PM by Rick
This may be the kind of decision that can be made without a quorum. Read your docs and the state legislation regarding condos.
Posted @ Monday, December 13, 2010 2:36 PM by Robert Earl Hood
First item to verify is the legal instrument language on restrictions regarding rentals. Only if there is a restriction on rental procedures found in the documents and followed up by appropriately adopted policies can a board restrict the property rights of owners. Condos do sometimes have various rental restrictions.  
Restrictions that are proper are to be enforced against all owners equally.  
After finding the appropriate sections in the docs addressing rental of property and restrictions on owners, find a knowledgeable real estate attorney also familiar with condo law.  
The board may think they are providing a service to non-resident owners by handling all of the details.  
Verify all the information.  
Posted @ Tuesday, December 14, 2010 3:26 PM by Nancy Jacobsen
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