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DoreenB
(Montana)
Posts:6
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| 06/15/2008 8:10 PM |
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| Please help? Advice? I am very sorry I bought into a relatively new and small condo complex--the opposite of what I expected (less muck, less people=less problems. Wrong). Our three person Board has been somewhat taken over by one person (an attorney!) who silently seems to have stripped the President and Secretary from their duties by imposing his thoughts and ideas into our newly developed rules and regs. When a homeowner disagrees with brand new Rules and Regs and I am getting no answer from the other Board Members or the one running the show, what do I do? What are my rights and what is the next step before consulting an attorney? The original attorney who worked with the developer is semi retired so the condo complex may not even have one now. I am not a litigious person. However, if I am getting no response from the Board, what next?? |
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GlenL
(Ohio)
Posts:1223
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| 06/16/2008 8:49 AM |
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| First off read the governing documents and know them better than anyone else in the building. Does the BOD have the right to make and set rules or does it require a majority approval from the homeowners? Specifically what rule is causing you distress? |
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MaryA1
(Arizona)
Posts:1562
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| 06/16/2008 4:43 PM |
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Doreen,
Most assn docs give the board the authority to adopt rules w/o a vote of the members. These rules carry the same weight as the CCRs. Is this a board-adopted rule you are having a problem with? Please give us more info so we can better understand your problem and hopefully give you our opinions. |
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DoreenB
(Montana)
Posts:6
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| 06/16/2008 7:09 PM |
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Thanks to those answering to offer advice. This is a small, fairly new complex with a lot of wrinkles to iron out. My issue has to do with construction design---i.e. the "sharing of crawl spaces to get to hot water heaters" that is not being identified properly in the Rules and Regs. Not to mention I remain concerned that the one Board Member who is self appointedly running the show is not answering back or doing selective answering.
I want everything to be honest so any construction/developer issues regarding access to shared crawl spaces and reasonable access that are in my building (there are two) is clearly placed in the Rules and Regs. This Board member has placed only their building as having this issue and is disregarding mine. I think this will be a disclosure issue for future sales and should be reflected properly. This is just one of the problems but the main future concern is the Board ignoring me. I have other homeowners sharing my complaint. Right now I am really sorry I bought into a condo, period, since I have only owned single family dwellings in the past.
Do Rules and Regs have to be voted upon by homeowners? |
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GlenL
(Ohio)
Posts:1223
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| 06/16/2008 7:29 PM |
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Do Rules and Regs have to be voted upon by homeowners?
The answer to this question should be in the CC&R's (governing documents) that you received when you purchased your condo.
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MaryA1
(Arizona)
Posts:1562
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| 06/17/2008 7:47 AM |
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Doreen,
As Glen stated: whether the rules and regs are voted on by the members or just the board is something that should be stated in your CCRs. Also stated therein should be what elements (crawl spaces)are considered common areas, limited common areas, etc. I don't know that this should be an issue ruled on by the board. Hopefully someone on this forum more familiar with condos can answer your question; however, I do believe this should really be addressed in the CCRs. |
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DonnaS
(Tennessee)
Posts:2299
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| 06/17/2008 8:42 AM |
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Doreen,
I am somewhat baffled as to why a crawl space would send you into such a worry. What are they doing with the crawl space that is a problem? The crawl spaces in a jointly owned structure become either common limited area or shared area. Maintenance is done by the association or is it the owners responsibility. You need to give us much more detail. I REALLY DON'T UNDERSTAND WHAT THIS HAS TO DO WITH RULES AND REGS? This should be in the ByLaws under maintenances, etc, not R.and Rs.
I quote you-- "My issue has to do with construction design---i.e. the "sharing of crawl spaces to get to hot water heaters" that is not being identified properly in the Rules and Regs. Not to mention I remain concerned that the one Board Member who is self appointedly running the show is not answering back or doing selective answering.
I want everything to be honest so any construction/developer issues regarding access to shared crawl spaces and reasonable access that are in my building (there are two) is clearly placed in the Rules and Regs. This Board member has placed only their building as having this issue and is disregarding mine."
In many association, probably most, the Rules and Regs are enacted by the BOD and need no members vote for acceptance. But these R. and Rs must be written off of the original CC&Rs which you should have been aware of and accepted when you purchased your unit. |
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DoreenB
(Montana)
Posts:6
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| 06/18/2008 9:08 PM |
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I have been researching this with realtors in case I sell. I wanted this my building (which now appears to have been misunderstood by the Board) to be reflected properly re the construction for disclosure purposes. I agree with all of you---why on earth does this "crawl space" issue have to go into the Regs at all? I think was placed in the regs because of poor construction design---i.e. making sure that owners knew they had to provide reasonable access (in case they had to go through another condo to get to the
plumbing, cable, heater, etc.) I am currently reviewing my CC & Rs. This condo complex is only 2 years old and suffering growing pains. For me, never again will I purchase a condo----back to single family dwellings for me where one can make their own decisions.
I am glad this is a vacation home. Thank you all for your entries. This is a great website for answers and opinions. |
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