Can a HOA board change the bylaws at their discretion?
My condo association is telling everyone that all guests have to be registered. However, some of us have noticed that when certain board members have guests, they do not register.
I live in a condominium, and just received a letter from my condominium board with a requirement that 80% of the area of the unit (with exception of kitchen and bath) must be carpeted.
Our condo association board is composed of 7 members.
Question: are all members allowed to apply the seal to documents?
Where do I even begin? I’ll try my best to be concise and clear in my questions. Most of which stem from the (now) weak association that oversees my condominium complex.
Up until some years ago things were okay. Everything started taking a turn for the worse when the original owner of our association passed away and bequeathed the association to his son. In my observation, this is where things started going askew.
More than anything, there is a general lack of respect and enforcement of the Rules and Regulations and the current members of the condo owners association board are complicit in perpetuating this. While this may not seem out of the ordinary, I’ll cite a number of examples that demonstrate what types of things go on. Ultimately I’d like to know how all of these things can be approached, resolved, reversed, or at least assuaged.
About a year or so ago the board approved the installation of two permanent basketball hoops inside a tennis court that has largely been used as a multi-purpose court (before hoop installation) where kids usually play. It’s existed without permanent basketball hoops for almost two decades. Since the installation of these permanent basketball hoops the noise level has become ridiculous.
Around 5-10 kids (and many adolescents in the mix, which in itself is not safe) at a time will throw the ball at the backboard, bounce the balls, make tons of noise, use profanity, scream, etc. Also, the condo association board decided to maintain the court open 7 days a week, from 9am to 9pm!!! Children and adolescents ranging in ages from 6 to 19 will loiter outside the basketball court after it’s locked at 9pm. Sometimes they won’t go home until 11pm or later, even on some school nights! You can only imagine what it’s like when they have vacation!
I hate to sound like this but it seems that this basketball court hast become a baby-sitter of sorts. Believe me, I believe physical activity is great for kids, and it is great for kids to be outside, however, this is a condo complex, not a park or a gym. In addition to this, all of these kids are without adult/parental supervision, which is a direct violation of the rules and regulations under our condominium rules and regulations, the rules state: “Parents will be responsible for supervision and the actions of their children under the age of 18. Also for any damages to common area caused by said children”.
Condo Board Complicity
This is further compounded by the fact that the current president of the condo board has his children play in the court, staying out well beyond 9pm. Let me state that we have parks within less of a half-mile radius!!! I personally can’t sleep with all the noise caused by this, even when wearing earplugs. On weekends you can’t go to sleep early, because of all the loitering, and you can’t sleep in, because the condo board president has the basketball court key and he’ll allow his children (all underage) to open it at 9am.
In general, the condo association is irresponsive and deflects ALL blame, lacks any accountability, and when questioned, they shift all responsibility for noise or disturbances to the local police department. This is only but one problem. This problem seems to beget all the other problems that occur here. There have been fights caused by multiple residents, stabbings, there is drug dealing, drug usage, obnoxiously loud music being played (on Christmas Eve!!!), and everything in between.
In addition to this, the condo board, in relationship with the manager, and the condo association representative assigned to our condo complex maintain no confidentiality. If a complaint is made, it is shared with other residents. This has resulted in retaliation when a resident has had a complaint levied against them. Cars have been keyed, car tires have been popped, residents have purposefully played loud music (a neighbor had animal control called on her for leaving her barking dogs unattended and she retaliated by playing music excessively loud) in addition to other acts.
Lastly, and most troubling, the ratio of renters to owners has shifted in favor of renters. This is also a problem, since many of the residents causing problems are recent arrivals to the condo complex, many having arrived under 2 years, adding to the already declining status of the condos. This being the case, many residents who are renters won’t say anything, won’t complain, will essentially accept what goes on.
Luckily, at our last board meeting, which happened last week, there was a glimmer of hope. Other residents started complaining about everything going on. Any help is appreciated in terms of how to begin to turn things around, if it’s at all possible.