Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.
It is legal for the condo association to charge this fee, but whether or not it enacted the change under the bylaws is something you would have to check on by reviewing the bylaws and resolutions passed by the association.
If the association followed the bylaws in changing this rule, it is legal. Often, the association has the right to make changes to fines and penalties without putting the matter to a vote.
However, all of this simply depends on what the rules say.
Yes, you would be entitled to notice of the change, and you're also entitled to see proof that the bylaws were changed through the proper procedure.
If the association will not cooperate with the requests and changed the provision without any notice, it sounds like the board may not have followed the proper procedure, and if so, the change would not be legal.
I would recommend that you and the other members seek the help of a local real estate attorney if the board continues to evade your questions and refuses to provide proof of compliance with the rules.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).