Unit Ownership Act, Condominium Act, or Common Interest
State law will always supersede your governing documents. After all, the law is a legal authority whereas your documents are simply a corporate agreement. The “Unit Ownership Act” governs condominiums created before 1977, according to this explanation as offered at the State of Connecticut General Assembly website at https://www.cga.ct.gov
Actived: 5 days ago
Condo Maintenance Standards vs. By-Laws
(6 days ago) That would be a by-law change. Other associations feel that maintenance standards are important enough to actually create a by-law change. Either way, unit owners are bound to these standards once they are properly adopted. It is in the best interest of all association members that these standards are in place and enforced.
Association’s Rules and Regulation Contradict State’s
(9 days ago) P.B., typically, local state and federal laws will trump rules and regulations in any condo association, regardless of state. I am neither an attorney nor an expert in Illinois condominium law so you may wish to check with an attorney for a legal opinion. I am also unsure of which rules and regulations you feel are in contradiction to Illinois law.
New Jersey HOA Reserve Fund Law
(9 days ago) Please remember that community associations are governed by state law, which can vary widely from state to state. This information is intended for general educational and informational purposes only; it may not reflect the most recent developments, and it may contain errors or omissions.
Must a Condo Association Update Its Documents When State
(6 days ago) The reason the updating of the bylaws is useful to the association is so that it doesn’t find itself in court defending an action it took against a unit owner who actually acted properly under the law even if the law didn’t agree with the association’s bylaws. Consult with your community association attorney for a more legal explanation
Radburn Rules Creates Confusion in Condo Voting
(5 days ago) But that law restates our own master deed requiring in person anonymous voting. Am I misinformed about the Radburn law or is the demand to return all ballots prior to the meeting correct? It all seems totally underhanded and deceptive. Ask Mister Condo. Friendly Answers to Your Condo & HOA Questions. Menu.
The Condo Board Controls the Condo’s Bulletin Board
(8 days ago) For legal advice, I must suggest you speak with an attorney who is familiar with community association law in your state. That being said, the community association bulletin board is very likely the property of the association and is used at the discretion of the association, which is under governance control of the Board of Directors , the
Required Condo Reserve Study in Ohio
(4 days ago) Additionally, I am not aware of any law that requires Ohio condominiums to conduct Reserve Studies. That being said, many association have rules in their by-laws that require the association to perform routing and preventative maintenance as well as keep the common elements in good working order. A Reserve Study is the perfect tool to keep the
Are Condo Complexes Required to be ADA-Compliant
(6 days ago) D.B., great question! As you know, I am not an attorney so please consider my response as a friendly reply. You might want to seek out the advice of an attorney for a legal opinion on the matter. The Americans with Disabilities Act (ADA)is designed to protect the rights of disabled folks and provide access to public places. Condominiums, in general, are private property, not open to the public
Condo Bullying and Harassment
(7 days ago) D.B., I edited your comments a bit to keep things civil. I would give you similar advice to what I told R.C., namely that the electorate needs to keep unscrupulous Board members in check. If this Board member has violated governance documents or state law by awarding a purchase without a bid, you could certainly ask for their resignation.
Condo Fire Pit Rules and Restrictions
(5 days ago) The ultimate decision is that of the Board and unit owners who should hold a vote to either ban or allow fire pits although local law trumps any association rule. If the law is being broken, local authorities will take action if alerted. It is a tricky issue and I wish you good luck in resolving it for your association.
Neighbor Harassment in NYC Condo
(Just Now) The condo association isn’t law enforcement but they do need to protect your right to peaceable enjoyment of your unit as outlined in your governing documents. I am not sure what they can do but they do need to be aware of the situation. Speak with an attorney to see if you have any civil rights protection available to you.
Florida Condo Association Restricts Use of Boat Docks
(1 days ago) R.H., I am not aware of any Federal law regarding being picked up by a boat at a condo dock. Federal laws don’t typically play a big role in behaviors of unit owners within an association. The association may have a rule against how people are picked up or discharged at their boat ramps as they are typically private property.
Are There Laws About Condo Leases
(1 days ago) Mister Condo replies: S.N., thank you for the question. As you know, I am not a lawyer so I cannot offer a specifically legal answer but I am not aware of any law in our state that allows condominium units to be leased as a provision of law. Rules and regulations on leasing are usually spelled out in the community’s documents and can be modified by the Board of Directors or a vote of …
Condo Board Misusing Executive Session and Offering
(3 days ago) In CT the law is pretty clear. It can happen in any regularly scheduled Board Meeting or a special meeting (legally) called with that on the agenda. I believe a majority of Board members can call such a meeting – and you would need a majority any way to elect a new president, and a willing, acceptable candidate.
Unit Owner Fences In Condo Yard
(9 days ago) I have an issue with my neighbor about share the driveway. Our house is Condominium, but we only have two units. A few days ago, my neighbor build a fence between two houses, then we have a hard time to drive although the front yard is big but we have a small driveway, like the triangle. I have a question: do we have a law to solve this problem if they don’t break the fence? I had talk to
Complaint Against the Condo Association
(7 days ago) If you are certain that the credit card must be accepted “by law” and the management company refuses to allow you to pay that way, you may wish to consult with a local attorney who could better advise you of your rights. Good luck! Reply. Marge kirk says: November 27, 2020 at 10:12 pm.
Condo Living With Marijuana Smoking
(3 days ago) (Which is what I’m trying to recoup in the law suit.) Reply. admin says: March 4, 2015 at 11:41 am. Chicago Condo Owner, You are clearly doing the right thing by contacting the police and following up with a lawsuit. Your primary method of remedy will be to sue your neighbor as well as your association and seek relief. This is a new area of
I Want a Copy of the Condominium Master
(4 days ago) I am not aware of any law that allows for the individual unit owner to inspect the policy or requires the association to provide a copy. I imagine that the reason for this is that your by-laws should clearly detail what protections must be provided by the association’s Master Policy and require that the association keep such coverage in place.
Who Is Responsible for Shared Condo
(2 days ago) Mister Condo replies: J.F., I am not aware of any law that requires the association to pay for driveway repairs. However, the condominium association is responsible for maintenance and upkeep of the common elements, of which, the driveway is usually one.Generally speaking, the unit owner is responsible for what happens inside their unit and the association is responsible for what happens
Who Can Call a Special Meeting of the Condo Unit Owners
(3 days ago) The law requires the secretary, or other officer the bylaws specify, to cause notice of an association meeting to be hand-delivered or sent prepaid by U.S. mail to the mailing address of each unit or to any other mailing address the unit owner designates in writing not fewer than 10 nor more than 60 days before the meeting.
Are PUDs Legal in Connecticut
(7 days ago) June 30, 2020. by Mister Condo. A.D. from Hartford County writes: Dear Mister Condo, The community that I have lived in for the last 25 years is a PUD. The management firm that we have contracted with says that a PUD is no longer legal in Connecticut and that we must legally change our bylaws so that we are structured as a condominium.
Percentage of Condo Unit Ownership Formula Questioned
(1 days ago) The percentage of unit ownership is the law of the land with regards to how common elements, including the Reserve Fund, are funded. I have to side with your Board on this one, R.T.. At least you can have peace of mind knowing that there will be money to pay for that roof when it needs replacing in 2031.
Whose Responsibility is Condo’s Sagging Floors and More
(2 days ago) In the case of sagging floors and walls that are out of square, there is some wiggle room as the unit may still be structurally sound even though it is not cosmetically perfect. The owner cannot repair the items causing the sag if it is the association’s property. This is where the attorneys will most likely argue on their client’s behalf
Property Manager Licensing in Connecticut
(9 days ago) The law does not differentiate the various styles of management an association might employ. Those that are fully self-managed by volunteers do not employ anyone so they would not be subject to it. If your self-managed association employs a property manager, then a closer review of the law is in order. The law defines a property manager as “a
Law to Limit the Amount of Condo Common Fee Increases
(1 days ago) V.C. from Hartford County writes: Dear Mister Condo, Does Connecticut have a law that regulates how high HOA fees can be increased in one year? The HOA fees were raised 15% for 2015 with the promise that fees would not increase again for 3 years. Then an ‘adjustment’ was made from what the association claims
Can Both Husband and Wife Serve on Condo Board
(4 days ago) Again, it would be uncommon for a state law to prohibit the practice but it is worth asking a locally qualified attorney for their opinion. As a matter of practice, I would prefer that no more than one of the owners from any single unit have the power to sway …
New Rule Implementation on Condo Dryer Vent Cleaning
(Just Now) Your Board should simply follow the same procedures as it would for any other by-law or rules additions. The wording might look something like this: “XYZ Association requires professional dryer vent cleanings once every 2 years. XYZ Association will negotiate a price and arrange dryer vent cleaning on behalf of all HOA members.
Connecticut Condominium Maintenance Standards Mandated
(2 days ago) Mister Condo is here to give friendly advice and promote awareness of how to make the most of your condominium and HOA living experience. “Ask Mister Condo” is the friendly place to ask questions about all things condo and HOA.
Noisy Condo Neighbors Are a Nuisance!
(4 days ago) H.R., the “911” call was the right thing to do back then and calling the police is the right thing to do any time the law is being broken, including noise regulations. Of course, “911” should only be used in emergencies but calling the police to report any criminal activity within your condo or HOA is always the right course of action
Condo Firewall Law Question
(5 days ago) Is it a state law to that there must be a fire wall between units of a condo complex that consists of only 2 units? Mister Condo replies: J.J., while there aren’t any state laws that I am aware of, I suspect you will find your answer within the local building codes of your town or city.
Condo Rules on Number of Dogs Allowed
(3 days ago) Associations are free to change the rules about how many animals are allowed within the units of the condominium. Of course, they need to follow the association’s rules on governance as outlined in the condominium documents as well as state and local law. As far as I know, there are no rights to have dogs and there is no grandfathering clause
HOA Mandates Window and Slider Replacement
(Just Now) HOA Mandates Window and Slider Replacement. R.K. from Cape May, New Jersey writes: The Association has imposed special assessments to redo siding and roofing. The siding company stated that they will not warrantee the siding if we don’t replace window s and doors. The windows and doors are limited common area.
Condo President Hires Family Member to Work for
(7 days ago) The vacancy shall be filled according to general law. (3) A director or an officer, or a relative of a director or an officer, who is a party to, or has an interest in, an activity that is a possible conflict of interest, as described in subsection (1), may attend the meeting at which the activity is considered by the board and is authorized to
Michigan Condo Maintenance Responsibility
(9 days ago) Michigan Condo Maintenance Responsibility. Posted on June 19, 2015. June 21, 2020. by Mister Condo. A.R. from Michigan writes: Dear Mister Condo, My detached condo in Oakland County, MI is one of 188 units. Repairs are made by the condo for exterior walls, roofs, decks/railings. Maintenance and upkeep are required by the unit owner.
Florida Condo Board Term Limits Do Exist (Kind of)
(6 days ago) R.J., the call for term limits for members for Board of Directors is almost as loud as the call for term limits on our elected officials in Washington and State Legislatures. Like most calls to action, the results have been varied. In 2017, the Florida Condominium Act was amended to limit Board Members service to 8 consecutive years. The change went into effect July 1, 2018.
Condo Replacement Windows Require Board Approval
(6 days ago) I am not aware of any law that supersedes the condominium documents with regards to architectural compliance so you are at the discretion of the Board of Directors for the condominium when it comes to choosing replacement windows and/or the replacement window vendor. That being said, there is a process for petitioning the Board to consider
Who Can Make Motions at Condo Board
(1 days ago) R.W., generally speaking, common fees are set at the annual meeting. Unless your rules or by-laws allow for the Board to change them during the year without a full vote of the other unit owners, they have violated the governing documents.
Condo President Fires Condo Maintenance Employee
(6 days ago) Some of the largest condo law firms I know of are in Florida, which is no surprise given the concentration of condominiums and HOAs in the Sunshine State. You need to pursue a law degree and then concentrate in the practice of community association law. You have an excellent resource right in your backyard with the Southeast Florida Chapter of CAI.
Condo Board Issues Unreasonable Rules on Pet Walking Areas
(6 days ago) City and state laws trump your governance documents on matters of law but it would appear that your Board is implementing rules that are stricter than even the laws, which they are well within their rights to do. However, if these rules do not appear in your original condo docs,
Firing the Condo Board for Breach of Fiduciary Duty
(9 days ago) A breach of fiduciary duty can mean a lot of things so depending on how bad this breach was may determine whether or not a recall election is in order. It is important to remember that you must play be the rules as outlined in your governing documents and state law. Recall elections can be tricky but, if warranted, may be your only real choice
California Condo Owner Prefers Lawsuit Over Arbitration
(3 days ago) My question is whether a mandatory arbitration clause in the CCR's would apply to the following situation. Due to the HOA's negligence, a homeowner's condo unit suffered substantial water damage, mold etc. Also, the homeowner suffered personal injuries due to the water damage. The HOA made a claim to the HOA's own insurance company and received a check which the HOA was …
Condo Sump Pump Requirement
(5 days ago) The sump pump is typically owned by the Association and is a common element meaning that if it fails, the liability should fall upon the association. However, it is not uncommon for the unit owner where the sump pump dwells to have some maintenance responsibilities for the maintenance / power supply requirements of the pump.
Questionable Policy For Condo Board Nominations
(5 days ago) Depending on the rest of the rules and state law, that vote might require a supermajority of owners to agree in order to change the rules. Enforcement of the rules of the association is the job of the Board. The Board is made up of democratically elected members of the association and need to reflect the wishes of the association in order to be
Coop Owner Questions Rules About the Definition of Family
(5 days ago) If you are at odds with your association, you may need to speak to an attorney for a proper interpretation of both your governing documents and state law. This is a common topic on Florida HOAs, condominium, and co-ops. Not surprisingly there are different laws governing each and your individual governance documents may even be more restrictive.
Changing the Condo Common Fee Structure
(7 days ago) E.G., it is very difficult to change the common fees in most condominium associations, and for good reason. The fees are established when the condominium is formed as part of the condominium’s governance documents. When units are purchased and mortgages are created for individual units, this fee structure is part and parcel of how a unit owner buys into the association.
Majority Rental Investor Buying Out Condo Unit Owners
(1 days ago) Majority Rental Investor Buying Out Condo Unit Owners. Posted on September 14, 2020. August 19, 2020. by Mister Condo. M.S. from Palm Beach County, Florida writes: Dear Mister Condo, An investment company owns a majority of units in our condo building, and wants to convert it to 100% rental. They keep making us offers.
Public Offering Statement versus Declaration – Which Rules
(4 days ago) So I asked Attorney Adam Cohen of the Law Firm of Pullman & Comley, LLC headquartered in Bridgeport, Connecticut. Adam is the Chair of its Community Law Section. He represents and gives seminars to condominiums, tax districts, and other communities in matters ranging from revenue collection strategies to commercial disputes.