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Condo association rules for clubhouse dont match governing documents

Posted on Fri, Jul 15, 2011 @ 07:59 AM
  
  
  
Our Condo Association's board has passed rules for the use of our clubhouse that are not in the Rules and Regulations. For instance, one of Rules recently passed by the board limits the number of guests to 4 per unit. The official Rules and Regulations have no such language. If the board sends a violation letter to a unit owner who has brought more than 4 guests, is it enough that this rule is listed in the Board Minutes?

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COMMENTS

If the clubhouse is a part of the condominium then rules giverning its use must be adopted as sopecified in the Florida Condominium Act. I believe that requirement is that a majority vote of the unit owners is required for adoption. Check you state condo act to see for yourself.

posted @ Friday, July 15, 2011 9:22 AM by Scott


The board may pass additional rules from time to time. Not all rules must be recorded in Bylaws or CC&Rs. It's a good idea to updated our CC&Rs from time to time to reflect all changes.

posted @ Friday, July 15, 2011 9:32 AM by Zhenya Rozinskiy


A condo association's covenants cover what rules and regulations can that a Board can establish without the Association's required approval if these rules and regulations were previously approved by the developers as Declarations, By-laws, etc. These covenants are used to make rules and regulations without Association approval as long as they do not violate the covenants. Otherwise, the condo owners must vote to approve changes (amendments) to these covenants to be legal.

posted @ Friday, July 15, 2011 10:49 AM by Jack Edmonds


So, if there are rules set up in the declarations but no fines for non-compliance, can the Board set the fines?

posted @ Friday, July 15, 2011 12:51 PM by Vicki West


You can try file a suit at small claims court seeking the court's remedy on rule making power execised by the board excessively and with intention to harrass. Besides, there is no evidence in the minutes that there has been a voting among the board members to create such new rule. 
 
Bear in mind that it is up to the judge of the small claim court whether to exercise any court's power to forbid the board to make rules that are "Unreasonable and abusive". Florida laws on condo might have such a written law on the book already ? invalidating or forbidding unreasonable rules? 
 
 
 

posted @ Friday, July 15, 2011 1:28 PM by betp inc.


After checking your Condo docs you need to review the Condo laws for your state. What powers do they give your Board in addition to your by-laws? Your state may give your Association the right to make rules and regulations which govern use of the common elements (your state may call them common areas) on your property and to impose enforcement fines if the rules are broken. Ohio, for example has done that and there are strict rules our board has to follow before fining owners and they are entitled to a hearing before the board. If your current by-laws are specific about use of the clubhouse your board can not just change them without amending your documents, which takes majority owner approval. I do have a few questions: Why did they make a change, did something happen? Are you permitted to rent the clubhouse for a private party?

posted @ Saturday, July 16, 2011 3:39 PM by Kathy


I bought a condo in Sarasota, Fl. During my life there I heard of this family being given permision to host a birthday party for theirs or a child. I heard they had their party at the pool. There were like 12-black children. Later word was going out that there was going to be a limit to the number of kids or people using the pool area. I knew immediately this was a racial issue.  
 
As to your rules to only 4-Guest, is it possible there isn't some prejudice recently someone did not approve of to make these sudden changes? I'm sure in my case in Sarasota was they did not like 12-black kids enjoying themselves. I beleive there was only one black family in this complex as there is now here in my Clearwater condo. Thanks and hope I've given something to think about.

posted @ Saturday, July 16, 2011 10:08 PM by Albert Morris


It is settled law in Florida that rules may not be amended if they are not in harmony with a members vested rights EVEN IF THE RULES ALLOW SUCH AMENDMENTS. In my view the number of guests allowed is a vested right that cannot be amended without 100% agreement of members

posted @ Friday, January 27, 2012 10:30 AM by TonyD


I am on the board of a condominium in North Palm Beach. The question has come up recently on the use of our private clubhouse. Can anyone tell me if we have the right to not allow commercial use such as sales meetings, company parties, church services, etc. 
Keeping in mind that we do allow private use for resident weddings, birthday's etc.

posted @ Monday, June 16, 2014 9:44 AM by Virgil Alonso


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