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Gas grills and condo association common areas

  
  
  
  
  
I'm in New Hampshire.  A former Board replaced a gas grill which had rusted out. The Board voted to suspend use of the new grill during winter months, and asked for a show of hands from the owners present at the annual meeting. The grill is used almost exclusively by one owner year-round, and he was furious saying that the former Board had no right to limit use of the grill because it was here when he bought his condo and it is part of the common areas. The new board agreed with him and overturned the vote of the former Board and the show of hands vote of the owners. New board feels that because the old Board acted erroneously, both their vote and that of the owners became a moot issue. Who is right?

Comments

First of all I must say this sounds rediculous. Let the guy use the damn grill. That being said, the board of directors can make decisions like this as long as they do not contradict your existing condominium documents of record. Check your current documents to see if there is any mention of the recreational areas, gas grills etc.. Other than that if your board make a public vote to continue to use this grill then get over it.
Posted @ Thursday, February 03, 2011 5:50 AM by Tony Massahos
Really?? Look at what you wasted enrgy in complaining about? Is he burning steaks to the point that it is stinking up your house?? I use my grill every chance I get. It makes for great tasting food and less grease. If the guy was leaving the grill a mess or was creating a mess, then some cleanup rules can easily be adopted, but get over your jealousy of the fact that he is willing to bear the elements and cook. Are you the guy that makes a one hour association meeting into a 3 hour process??? 
 
Perhaps there is a "new" board because most of the residents had issues with the rules the "old" board made. Sounds to me like you are part of the old board and have an axe to grind. GET OVER IT!!!
Posted @ Thursday, February 03, 2011 7:23 AM by Ron
May your condo association feel extremely blessed if using a grill in the winter is the only problem they have!  
 
Unless something incredibly bad is happening while this grill is being used I would say Let the condo owner use the grill!
Posted @ Thursday, February 03, 2011 7:44 AM by Victor
Do your bylaws or state condominium act have any provisions relating to use of an out door grill that is temperature based??? If not why restrict the use of your oputdoor grill to summer months!!
Posted @ Thursday, February 03, 2011 9:43 AM by Scott
The current board has the authority to overturn any decision made by a previous board -- they are now the governing entity.  
 
 
 
As others have said, get over it and move on to more important things.
Posted @ Thursday, February 03, 2011 9:47 AM by Mary
Thanks for everyone's comments. I'm sorry for not explaining myself clearly.  
 
 
 
I am in favor of the grill being used all year. This grill is outside of our activities house for all owners to use. My real concern was did the current board have the right to overturn the old board's vote and the show of hands vote of the owners? Our rule book doesn't address this subject.
Posted @ Thursday, February 03, 2011 10:46 AM by E. Devlin
Was the old boards vote added as an amendment to your bylaws? Its a new board with new ideas so unless "No using the grill during a certain time frame" is amended to your bylaws this might be a problem that will ping pong back and forth. 
 
It also seems your questioning the new board makes me believe you were on the old board that originally voted no. 
 
 
Vic
Posted @ Thursday, February 03, 2011 10:59 AM by Victor
I wasn't a member of the old board, but several of the former board members are agitating the owners over the subject of overturning the owners' vote. The new board is actually considering amending our bylaws so that overturning owners' votes would only be possible by another vote of the owners.
Posted @ Thursday, February 03, 2011 11:12 AM by E. Devlin
I guess I haven't concentrated on the other sides point of view. 
 
What exactly is the reason why some owners DON'T want grilling during the winter?
Posted @ Thursday, February 03, 2011 11:24 AM by Victor
Most state condo acts have provisions which must be followed to change bylaws. In most states that requires a 2/3 majority vote of the council of unit olwners. Check you state law and leaRn how to effect any bylaw change legally.
Posted @ Thursday, February 03, 2011 11:34 AM by
Your state condo act,if it like most, will have a procedure which,like changing the bylaws, must be followed to establish rules or to change rules already adopted. Usually a majority vote of the council of unit owners is required. Check you state law.
Posted @ Thursday, February 03, 2011 11:37 AM by Scott
They felt that the owner who used it 95% of the time, didn't take care of the unit properly, i.e., covering it during winter months.
Posted @ Thursday, February 03, 2011 11:41 AM by E.Devlin
Its a shame you have to go through this nonsense because of one bad grill user. 
 
Why not create bylaws regulating use of the grill. The person who uses it last has to clean up after they use it. If they fail to clean up then they don't get to use it for x amount of time or are fined x amount of dollars. (I would go with the dollar amount it hurts more) 
 
You could have a lock and key on the grill and a sign up sheet this way you know who was using the grill. 
 
Have someone on the board inspect the grill after its use. This should be easy since it seems only one person is using the grill in the winter time. 
 
I'm sure you can come up with other ideas to quell the annoyance of a shady owner.
Posted @ Thursday, February 03, 2011 12:00 PM by Victor
I am the president of our association. I wish I only had to think about a ****ing grill. Spend your energy wherever you want, but i say let him us the grill until it disintegrates.
Posted @ Friday, February 04, 2011 6:53 PM by Leo Sciarappa
You are all experts on grills. Let's address a serious issue ana see who can answer. Our association has three high-rise buildings. All unit owners have their own garages. We have lmited guest parking and only 2 handicap guest spaces per building. They are posted as guest only. We have an owner who parks full time and shouldn't. Canwe tow the car. Their garages are closer and we can prove they are abusing their permit
Posted @ Friday, February 04, 2011 7:48 PM by Tony
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