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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22596
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I am president of our condo association. We have by laws that

Resolved Question:

I am president of our condo association. We have by laws that are more than 30 years old with few updates. We have an old clause that says work trucks are not allowed to be parked in the community. We are getting ready to update that section because we have had to allow some just because our co owners use these vehicles as their everyday vehicle in many cases. Plus, they are not large, overbearing vehicles, just regular pick up trucks, vans and there are just a couple. I have one resident who is a constant complainer of basically everything. She creates havoc, is a bully and bottom, very difficult to deal with. She is now complaining about a pick up truck with a work sign on the side. We have told her that this section regarding work trucks is being updated (this month) but she is demanding we enforce the current rules. My question is two part: can we make changes such as this without a majority vote and two how do we deal with her without it getting messy? Thank you!
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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My question is two part: can we make changes such as this without a majority vote and two how do we deal with her without it getting messy?
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Unfortunately no, you wouldn't be able to make these amendments without putting the issue to a vote of the members and getting the required percentage of votes set out in the Bylaws for an amendment to pass. That is unless there is some type of authority granted in the Bylaws for the Board to interpret the intentions of a restriction and its application.
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If there is that kind of "wiggle room" in the Bylaws or CCRs for the Board to interpret what it the intent of the rule, then you could respond to the owner that you will bring it up with the full Board at the next meeting for discussion about what action needs to be taken regarding the situation. That whole previous sentence was kind of mushy about what, if anything, the Board is going to do and that was intentional. Your response to her should be intentionally vague so she can't pin you down for a specific course of action. If pressed by her before you could get it to the members for a vote, then you could respond that the Board has considered her comments and it is the Board's opinion that the intent of the restriction was to prevent vehicles larger than normal passenger cars and trucks from being parked, not normal vehicles that may have a sign on them. Then you will have time to put the matter before the members for a formal vote.
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The owner could proceed to try and enforce the restriction on their own against the neighbor. But that would require them to hire an attorney and file suit for breach of contract against the offending neighbor. In most cases, the problem doesn't bother the neighbor so much that they want to spend their own money on it...
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 22596
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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