Archive for the ‘Rules Enforcement’ Category

Is This Condo Board President Overstepping?

Tuesday, October 22nd, 2013

L.M. from Hartford County writes:

Dear Mister Condo,

We have a condo president who has let the power go to her head. She is constantly sending us letters and most recently told us that if our daughter was not supervised by an adult at the playground she would fine us for each and every occurrence. She also harassed us about tree trimming and having our cat on a leash. Nowhere is it written in our by-laws that we have to leash our cat or supervise our 6 year-old daughter on the playground. No other parents supervise their kids and we do not believe she is sending them threatening letters. We feel like we are being singled out. Does she have the power to do this?

Mister Condo replies:

L.M., condo presidents are volunteer members of the Board of Directors who were elected by their Boards of Directors to fulfill the duties of presiding over the Board. It is often a challenging assignment and can lead to situations like you have described if the person in the role misinterprets their presidency to include behaving as the condo cop on top of the regular duties of a Board President. While I commend this volunteer for her service to your community it sounds to me like she would benefit from a better understanding of what her role is with regards to individual unit owners such as yourself. Of course, you and your fellow unit owners need to understand your roles as well.

All unit owners are tasked with living within the rules of the condominium association. This is a voluntary agreement that all unit owners agree to abide by when they purchase into the community. Renters, as an extension of their rental agreement, must also abide by the rules of the association. If your rules call for all pets to be leashed (most do), and all children to be supervised in play areas (again, most do), then it is incumbent upon all residents to follow the same rules. That being said, if only some of the rules are being enforced against only some of the residents, a case could be made for discrimination. If you truly feel you have been singled out, you may wish to contact an attorney to see if legal action is in order. Keep in mind that you will need to demonstrate that you and only you have been cited for breaking the rules. The attorney can better advise you than can I as to whether or not you would be likely to prevail in court.

The Common Interest Ownership Act (also referred to as CIOA) outlines the correct procedure for a Board to take corrective action against residents who do not follow rules. A written warning must first be issued and the offending unit owner is invited to speak before the Board at the Board’s next regularly scheduled meeting. If the violations persist, a fine or series of fines may be issued. Fines may be issued for each and every occurrence but the idea behind the fine system is to correct the behavior; not force a unit owner to be repeatedly fined for the same offense. My advice is for you to review your condo documents once more and make sure you are not mistaken about walking a pet off leash and leaving children unattended in play areas. If you still feel that you are in the right, ask to speak to the Board at their next meeting or hire an attorney to protect your rights. All the best!

Condo Board vs. Hot Tubs; The Battle Continues!

Tuesday, October 15th, 2013

J.Q. from New Haven County writes:

Dear Mister Condo,

Hot tubs are allowed at my condo according to our CCR. However, I have requested to install one on my deck and am being denied by the Board. How can it be denied if the CCRs allow it?

Mister Condo replies:

J.Q., hot tubs have been getting condo owners and condo association in hot water for years. Unit owners that wish to install a hot tub are usually quite passionate about their desire to do so. Boards that have had problems with previous unit owners who installed improperly or failed to maintain once installed hot tubs are usually the reason the Board tries to prevent new installations. Suffice to say that if the CCRs are on your side, you may be able to prevail but you should be prepared for a battle. Boards can cite architectural compliance issues, safety issues, insurance issues, and more to prevent an unwanted hot tub from being installed. You may find that you even need to hire an attorney to bring suit against the Board to allow you to install your hot tub. Even then, there is no guarantee that you will prevail. If the hot tub is that important to you, by all means, pursue your dream. If it really doesn’t matter, I might suggest you let it go. The Board is charged with protecting the community and surely has its reasons for not wanting the hot tub installed. All the best!

Are There Condo Parking Laws?

Monday, October 7th, 2013

N.B. from New Haven County writes:

Dear Mister Condo,

Is there a law about parking that the home owner on how many spots they get?

Mister Condo replies:

N.B., I am not an attorney so I cannot guarantee you that there are no laws about how many parking spots a homeowner gets when they purchase a condo but I can tell you that the condo documents and initial blueprints are a good place to start. Usually, condo owners have assigned parking (those numbered spaces found in most condo parking lots) and may also have access to visitor parking. The rules on vehicles vary from condo to condo but since parking is usually at a premium most unit owners are limited to their assigned spot(s) with the Visitor parking reserved for guests of all units. It is also not unusual for condos to enforce their parking rules with fines and even towing when unit owners don’t follow the rules. I get numerous questions about fire zone parking, “T” parking (where one care parks perpendicular to one or more cars), and even cars parking in someone else’s assigned spot. Needless to say, all of these infractions create tension and animosity amongst neighbors and should be avoided. Find out what the rules are at your community and enjoy your parking lot. All the best!

Selective Rules Enforcement by Condo Board

Friday, October 4th, 2013

A.V. from New Haven County writes:

Dear Mister Condo,

Can the association file a complaint against one owner and not the other for breaking the by-laws?

Mister Condo replies:

A.V., the short answer is “it depends”. Boards have some discretion in how vigorously they enforce their own covenants and rules. Depending on the nature of the rule violation, the Board may choose not to take action. However, the Board is not at liberty to pick and choose which unit owners they take action against without facing some very serious consequences in the form of discrimination lawsuits that can be brought upon by the unit owner who the Board is acting against. Let me give an example. If your condo has rules against pet walking on the property and rules against pet noises and received complaints about both items, the Board could decide that enforcing the rule against pet walking isn’t worth pursuing because the pet walking isn’t causing any real harm and the unit owners are picking up after their pets. The Board retains the right to take action even though it does not actively take action at the time of the violation. However, the dog that barks for hours on end creates a noise violation that the Board decides to take action against. This isn’t discrimination; it is just the Board exercising its right to enforce the rules. If there were multiple dogs making noise and the Board only acted against one owner, that owner could claim discrimination because they were unfairly singled out and the other dog owner was not. These are the types of cases that would routinely head to court to be settled.

You didn’t mention which by-laws were being broken so I am not sure if that example is helpful to you. In an ideal situation, all community members would simply comply with the rules and there would be no need for the Board to enact enforcement. I don’t know of too many places where that happens, but wouldn’t it be nice? All the best.

Special Handling for Unit Owner Struggling to Make Common Fee Payments On Time

Thursday, October 3rd, 2013

H.B. writes:

Dear Mister Condo,

Hello. The condo association recently replaced our driveways. The owners now have an extra charge on their monthly fees.  In addition to this, if a condo fee is not made by the 15th, a $25 late fee is added.  I have a family who just cannot do it by the 15th but can by the end of the month because of her husband getting paid every two weeks. I am on the Board of Directors and contacted the other two and they agreed to the family paying toward the end of the month.  I am getting a lot of flack by the rest of the board on this.  Has anyone been through this?

Mister Condo replies:

H.B., raised common fees to cover improvement projects such as driveway replacements happen all the time. Ideally, the common fees would have been higher in advance to cover the repair but that seems to not have been the situation. While I admire your empathy and compassion for the unit owner who is struggling to meet their financial demands in a timely fashion, I can also see where your fellow Board Members are pushing back for offering special treatment to this one community member. Your rules and by-laws are very specific on how and when common fees are to be collected. If you are going to change those rules for just one unit owner, you are setting a dangerous precedent and you are not fulfilling your mission of protecting the community’s common assets, which, in this case, are common fees, the very lifeblood of the community. What about all of the other unit owners who are paying on time? If one or more of them should have similar difficulty, would you waive their late fee and allow them to pay by the end of the month. What if they couldn’t make their payment this month because of a payoff or health issue? By not enforcing a rule that is already in place you are creating more problems than you are solving, in my opinion. The unit owner has a decision to make. They can pay their fees on time or continue to pay an additional $25 late fee until such time as they can make their payments on time. It is no different than any other bill in their life. Their mortgage, their credit card bills, and so on all carry penalties for late payments. Hopefully, they can find a way to make their common fee payments on time (borrow from a friend or family member if need be) and the community can continue to collect the monies they are owed so they can make their payments to all of the other good and service providers that the community relies on to flourish. Good luck!

Unwarranted Condo Noise Complaint Levied

Friday, September 20th, 2013

B.D. from New Haven County writes:

Dear Mister Condo,

What are my rights as a unit owner against unwarranted noise complaints?

Mister Condo replies:

B.D., if you find yourself on the receiving end of a noise complaint, or any other complaint for that matter, you do have the right for due process before your association takes action against you in the form of a fine. Your condo documents should outline the rules for “peaceable enjoyment” of your unit. This is to protect you, as well as your neighbors, from outlandish sounds coming from a neighboring unit at all hours of the day or night. When someone is disturbed by noise enough to make a complaint, the Board should review the complaint and issue a notice of warning against the unit owner who is alleged to have been the cause of the noise. If the offense continues, the Board should summon the unit owner to appear before the Board at its next meeting to discuss what further action will be taken. Generally speaking, this is a formality that gives the offender an opportunity to say “it wasn’t me” or “I’m sorry, it won’t happen again”. Then the Board can decide to issue a fine or let it slide. Of course, repeat offenders are routinely fined as that is the only remedy available to the Board.

Since you didn’t describe the complaint that was filed against you I can only assume it came from a neighbor who you wither don’t know or mistakenly identified you as the unit owner with the loud noise. A friendly discussion with this neighbor might clear up the situation or you might just have someone who has a different definition of “noise”. Either way, it is best to get this situation cleared up before it mushrooms into something bigger. You and your neighbors are all deserving of peaceable unit enjoyment. Good luck!

What Should Be Allowed on the Condo Back Deck?

Thursday, September 19th, 2013

K.H. from New Haven County writes:

Dear Mister Condo,

Do you have a general guideline for what associations use as to what is and is not allowed on back decks? Need this for suggestion only. Thanks.

Mister Condo replies:

K.H., back decks seem to have it all, don’t they? In some communities, they look like pristine sanctuaries with well-cared for deck furniture, patio sets, and more. In other communities, I’ve seen trash cans, children’s toys strewn about, rusty old grills, and other eyesores. It all comes down to the community, its by-laws, and whether or not the Board and/or Property Manager are willing to enforce the rules.

Start with your condo documents. If your units were built with attached back decks, there is likely some language describing the use of the decks and what items can or can’t be used or stored on the decks. There is routinely language forbidding growing of fruits and vegetables on the deck to stop attracting animals. There are generally rules not allowing garbage of any kind on the deck. I have seen rules that forbid any type of storage (including deck boxes) on back decks. Some cities and towns have local ordinances that trump the condo rules. For instance, if the city rules forbid the use of open-flame cooking within a certain distance form a housing structure it is very likely that grills would be forbidden from the back decks.

If your condo docs are silent on the use of back decks, I would encourage you to bring the matter to the Board so that a discussion and preparation of rules could be put in place. Without these guidelines I fear you will likely have everything from tomatoes to jungle gyms littering your back decks. With the proper rules and enforcement in place, you may find years of outside enjoyment for you and your fellow unit owners. All the best!

Devilish Details in Condo Deck Approval (Part Two)

Tuesday, September 17th, 2013

P.E. from Hartford County writes:

Dear Mister Condo,

(Editor’s Note – This post references a previous question. You can read the original question and response here: http://caict.org/askmistercondo/devil-is-in-the-details-of-this-condo-deck-addition/)

Thank you for your response in regards to my recent letter about white posts on my deck. I am probably going to have to consult an attorney, but I had a couple more concerns in regards to this situation.

One is that the board is now saying they do not like the darker accent color that was added to the deck as well. The aluminum, no maintenance, rail that we put on the deck did not come in the lighter brown color so I picked the closest color I could. I feel it still falls within their guidelines of a “similar” color and feel that their guidelines were very vague. How can they provide such vague guidelines and expect such a specific outcome? I made it very clear that I was using Trex decking material and that I wasn’t sure if it came in a similar color. In addition all the steps that they have taken seem to be done incorrectly.

First they invited me to a meeting, but provided no agenda as to what was being discussed. That is when they told me I had to remove the white posts. Secondly, they had a hearing at the next meeting and provided me no advance notice that the hearing was taking place. I thought we were having a meeting to further discuss. Supposedly, the letter was mailed to me from their attorney, but I never received it until the actual night of the hearing meeting, when the board handed it to me. They are acting like they are moving forward with legal proceedings, but seemed to have skipped over a bunch of steps in between.

I have written up a petition which I plan on asking the other condo owners to sign, basically saying they do not support what the board is doing and that it is not in the best interest of the association to continue to pursue me legally.

Lastly, as a clarification, I am the owner of the condo, but my mother resides there. I inquired about getting a position on the board, but was told I could not be on the board as a non resident owner. The Vice President of the board (who clearly runs the show) has his car registered in AZ, where he resides 6 months and a day. I asked if he was a resident of AZ how could he be on the Board? The question was completely ignored. Thanks!

Mister Condo replies:

P.E., you are welcome for my previous response. Clearly there has been a breakdown in communications here: incomplete plans for improvements, letters from the Board not being received by you, meetings being called without agendas, questions about who is eligible to serve on the Board. It all needs to stop.

It sounds to me like your Board would benefit from some education about the dos and don’ts of running a common interest community in our state. From what you have described they are not functioning properly within the laws as set forth by the Connecticut Common Interest Ownership Act (commonly referred to as “CIOA”). You would do well to speak with a qualified attorney and present your side of the story and the actions taken by the Board. Some actions may be nullified just because proper procedure was not followed. That won’t make your issues go away but it may delay the process until a better solution can be reached.

If all that you state is true, the Board would likely hire their own attorney who would advise them to either bring suit against you or make some type of settlement offer to you by which you agreed to abide by the original permission to install the deck to your submitted specifications. The abundant grey area (deck post colors, new stain colors, etc.) should not have been left off of the original request and certainly shouldn’t have been approved as submitted. This should be a learning experience for both you and the Board should a similar request ever come up again. Stories like this serve to remind the rest of us why Boards so often simply reject requests for additions or improvements. A group of volunteer leaders trying to serve their community are placed between a rock and a hard place. Do they allow the improvements and keep the requesting unit owner happy or do they simply reject the request and keep the association in its current state of architectural compliance?

As for who is or isn’t eligible to serve on the Board, that answer is as close at hand as your condo documents. In most cases, unit ownership is all that is required. If that is the case, you are as eligible to run as the current Vice President. If residency is a requirement as well, you may not be eligible. If you are eligible and interested, I encourage you to run for office. This experience alone should make you quite sympathetic to the needs of your fellow unit owners. Just remember that as a Board Member you may be asked to make the same difficult decisions that your current Board members have been asked to make. My guess is that you won’t be approving too many additions or improvements without knowing all of the details before doing so. All the best!

Board Members Bending Condo Rules

Thursday, September 12th, 2013

D.G. from Fairfield County writes:

Dear Mister Condo,

Seems the rules only apply to some and not to others. We have a one and a half inch book we all signed for this condo association and yet the board members are making their own rules. For instance, one can keep his motor home in the driveway and, in exchange for that, the other one can keep his motor cycle on the premises. Is this legal? It sounds to me like they have a conflict of interest when it only pertains to the two of them. I think the motor home is an eye sore and brings down property values. Can we do anything about this problem?

Mister Condo replies:

D.G., I am loathe to hear about Board Members behaving badly. The charge of the Board member is to behave in such a way as to benefit the entire community of unit owners. Bending rules or selectively enforcing rules for their own advantage is a problem and you can take action. However, unless you can document specific actions taken by these Board members you may have to exhibit some patience while you endeavor to fix the problem.

Certain offenses call for the immediate removal of a Board member. These are big items such as theft of association funds, deliberate destruction of association records, and the like. In cases such as this, board members cannot only be removed but may also face criminal charges depending on the severity of their transgressions. You haven’t described anything like that.

Board members are freely elected by the unit owners of the association. Your easiest solution is to simply vote them out of office at your earliest convenience. No one is granted a position on the Board (although appointments can happen to fill vacancies). The next time there is an Annual meeting at your condo, may I suggest you be prepared to nominate better candidates to represent the interests of all unit owners. Perhaps you would care to volunteer your time in such duty. If the current members are as blatant in their rule-bending as you claim, you should have no difficulty voting them out of office. All the best!

Fined for Littering on Condo Grounds without Due Process

Monday, September 9th, 2013

P.L. from New Haven County writes:

Dear Mister Condo,

I am getting sued for littering. They haven’t given me any warning. I do not have any idea when how I did this littering they are accusing me with? What should I do?

Mister Condo replies:

P.L., even if your condo has specific rules about littering (almost all do), your Board still has to follow certain protocol before fining you for the offense. I am guessing your Board is unaware of this so it will be up to you to bring it to their attention, preferably in writing. Pursuant to Connecticut law on Common Interest Ownership (also known as CIOA), the procedure for levying fines upon unit owners requires that a written warning be issued to the unit owner, followed by an opportunity for the unit owner to meet with the Board to discuss the offense. If the Board is satisfied that the offense has occurred then they may issue you a fine. You are free to fight the fine but the dollar amount is usually so small ($25 or so) that it is hardly worth the time and effort to do so. For me, the most concerning part is that your Board has not told you what you are being fined for so you cannot defend against the claim or change your behavior if, in fact, you did inadvertently litter the property. Littering can include items such as pet waste, cigarette butts discarded on the property, improper use of dumpster (trash placed in a dumpster is not the same as trash placed near a dumpster) and, of course, flat out tossing of debris on to the common grounds. If someone witnessed a tissue falling from your pocket and reported it as littering, you certainly have a right to defend yourself. If you have done any of the other aforementioned actions, I’m betting if you change your behavior the fines will stop. Good luck!