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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114796
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Our condo management board is deciding to start charging when

Customer Question

Our condo management board is deciding to start charging when we bring guests to our common pool. This is a new action of the board and as I read it, totally against the By Laws that govern them (they are only empowered to establish and collect annual assessments and special assessments - which are not defined as use fees for specific common assets). When I brought this up with them they stated that they are not charging other unit owners only the guests that they bring ... buy my contention is that they are not empowered to charge unit owners, guest or any one else. How to file an injunction to get them to stop doing this? It really would not pay to get a lawyer to do this ... can this be done on my own at the county court house?
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
In order for them to charge such fees, if the bylaws do not permit it, they would have to pass a new bylaw to do so. If the fee they are seeking to charge does not fit into your current bylaws definitions of their powers, then any resident would be able to file suit for declaratory judgment against the association and with that declaratory judgment they would file a motion for temporary injunction. The declaratory judgment suit would be where you ask the court to decide if the bylaws allow such a fee. You cannot just file an injunction, you have to file the suit with a motion for temporary injunction.

Of course, you can also get the owners and call a meeting in accordance with the bylaws and propose a new bylaw change to specifically disallow these type of fees, that is your other recourse.

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