Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is XXXXX XXXXX I'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.