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By CondoAssociation.com • July 25, 2018

When condo board neglects to enforce rules

We have a situation where a condo co-owner asked permission to paint their front porch (currently several splotches of darker grey) and sidewalk because the concrete is stained from rust in water and then a portion of the walkway had to be replaced due to tree root upheaval so that concrete is whiter than the rest of the walk.

The board told them "no" because everyone's walkways are similar stained, and if they painted theirs it would not look uniform. It would be cost prohibitive to paint everyone's walks, and there is no way to prevent rust in water from sprinklers so even if painting, they would just stain again.

A year ago the co-owners painted the apron in front of their garage without permission because  they didn't like the discolored cement. The co-owners were told after the fact, that they could not paint their cement per the bylaws. When they moved in they signed a document stating they agreed to abide by the associations bylaws and resolutions, but the painted apron has been allowed to remain, even though it is the only apron on the street that is grey, and does take away from the uniform look the ByLaws state we are trying to maintain.

We have so many people who regularly ignore the bylaws and the past boards have not wanted to rock the boat so allow things to go on.

It is the job of the board to enforce the bylaws, but the board doesn't want to be perceived as the gestapo and also is not willing to change the bylaws because of the time and cost to change them. Does anyone else have similar issues with violators, and boards choosing not to deal with those issues?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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