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Condo association bylaws vs. subject to board approvals

Posted on Wed, Dec 15, 2010 @ 01:04 PM
  
  
  
  
  
Add to delicious  delicious  
  

We have just moved into our condo and bought from an owner who flipped it after the original owner passed away. It has a hookup for a washer and dryer but no machine when we bought, although the original owner had one and it is stated in the real estate listing as 'washer/dryer capabilities'.

We were just thinking he did not want to spend the extra money on it - fine we would get it on our own. Well come to know that when I call the property management company they say you cannot get one since you are on the 2nd floor. I said no where does it say that in our bylaws and she said well its a new rule. In the bylaws it says 'subject to board approval' but doesn't this mean we can submit it for review through the board? I want an explanation because it seems to me that it is completely misleading. We would not have bought here if this were the case but instead we are now 'stuck'. Any advice? Thanks!

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Comments

In what state are yopu located. Withthat info I may find some answer for you by reviewuing that state's condominium act. Please post the portion of your bylaws thatrefers to "by board approval" and finally post copy of ther "new" rule. You should ask how the new rule was adopted. In most states the state law requires rulesto be adopted by a majority vote of the unit owners.
Posted @ Wednesday, December 15, 2010 1:38 PM by Charles Adler
Condo resale procedures are normally covered by State law. The requirements include receiving all of the legal documents, rules, and financial information for the condo. Generally when a person proceeds to settlement, the failure to receive the required information is not a reason to cancel the sale. However in some instances, the failure to disclose information deemed essential to the sale can invalidate the purchase.  
Since the listing indicated the ability to install a washer/dryer, it appears that you need to consult a real estate attorney.  
 
Once a unit is resold, many property management companies provide a welcome package, including the rules. The condo may have learned that the floor structure, or the water pressure, or some other valid reason forced the board to take this position. As part of your investigation, this information should be made available.  
 
 
Posted @ Wednesday, December 15, 2010 1:57 PM by Nancy Jacobsen
Or the board my be just making up rules! There are alot of boards that do not follow the state laws or by-laws of the condo asso. I was told if you want something run for the board. Then you can change the rules.
Posted @ Wednesday, December 15, 2010 3:37 PM by l
I agree with Nancy, regardless of law, by-laws or House Rules it sounds as if full disclosure of the property (including Condo documents) was not done. You could sue to reverse the sale and move on, or you can fight the Board and/or Management company. Either way CONSULT AN ATTORNEY.
Posted @ Wednesday, December 15, 2010 4:19 PM by Cebo
Another possibility is to buy and install the washer and dryer without permission and force them to sue you. Likely they may not do so since the board may not want the trouble or legal expense.
Posted @ Wednesday, December 15, 2010 6:43 PM by condo hater
I hate to say it, but Condo Hater has the right idea ;) 
 
The property probably had to deal with numerous water claims, probably burst washing machine supply lines, flooding of the unit and the one below, and enacted that policy to eliminate future insurance claims.  
 
If the rule had been ratified before you purchased, it must have been conveyed to you when you received the condo documents for review. If you missed it, it's your problem. If it was omitted or established after you bought, its the corporation's problem.
Posted @ Wednesday, December 15, 2010 9:05 PM by Former Manager
I would just install the washer and dryer quietly without telling any managers or board members. In all likelyhood for the reasons already mentioned, (rule not properly voted on, made up by the board illegally), ... 
 
Who is going to know or care? (unless you flood the building).
Posted @ Wednesday, December 29, 2010 10:11 AM by john mastro@hotmail.com
I agree with the part about the board probably not voting properly. But have you ever had a washing machine go out of balance .Someone will hear the washer.
Posted @ Wednesday, December 29, 2010 1:43 PM by l
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