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Condominium Association Rules and Regulations

All condo owners in a building belong to a condo association, which requires a monthly fee that is used to pay for the maintenance of the building. The association is headed by a board of directors, who are elected by the condo association. This board manages the maintenance of the building, including the distribution of where the funds go towards. Below are answers to commonly asked questions about the rules and regulations of a condominium association.

Can condominium association forbids Service Dogs admittance onto their property?

A condominium association may not refuse a service dog into areas of public access. A private property owner may refuse to admit a service dog into their unit or on their property.

I am an owner in a condominium association. The board of directors has retained an outside contractor to paint stripes on the parking lot. The issue is that the parking lot is not ADA compliant, and my review of ADA documentation indicates that the lot must be brought into compliance for ADA parking spaces when this sort of work is done. What options do I have here? Is this a zoning issue?

The Board should be notified and informed about this case and how it will cost them in the long-term when either an owner in the condo association or makes a call to zoning for a violation. An owner in the condo association can sue the board for violating their Constitutional rights pertaining to valid accommodations, or the zoning board fines them themselves. The legal fees alone may be good enough based on what they are spending on this work that is being done and therefore should give them pause.

This case is violates both municipal and federal, and the zoning board can also enact rules pertaining to both local ordinances as well as the ADA compliant (or non-compliant) property. The local zoning board can also choose to pursue as a plaintiff.

Our condominium association has changed from a board of directors to one vote per unit. Shall we change our total bylaws to reflect the word Association rather than Board of Directors? Should this then be filed again with the State of Washington?

If the bylaws are additionally apart of the declaration then any amendment has to be filed. If the bylaws are not part of the declaration then it does not need to be filed. The bylaws can be modified to provide that by vote of the owners all the powers that are in the board of directors shall be directed in the majority of the owners and the board of directors shall cease to function. The effect of that modification is that all decisions are made by a majority of the owners voting at meetings at which a quorum is present.

Can a condominium association in Hawaii, create a house-rule that is directly or indirectly targeted at a single owner? In this case, could a condo board of directors create a rule against BASE jumping after a single owner chooses to participate in the activity when it does not harm or interfere with any other owners, nor breaks any current house rules?

Under Hawaii condo law, a condo Association has to make a rule and the only way to void the rule would be for a majority of the voting members of the association to vote to overrule it and throw it out. The prohibition of base jumping would only be enforceable as taking place on the property that belongs to the Association.

How do I go about suing my condominium association to remove charges from my monthly billing statement? Can I sue them in small claims court? According to the association's declaration the charges are the sole responsibility of the association to pay and not the individual unit owner.

Title 765 ILCS 605/32 provides that a condominium declaration of covenants may have provisions for alternative dispute resolution (arbitration/mediation), but it's not required. As such, if a person cannot reach a settlement with their association board, and the covenants don't provide them with any other alternative, then the only remaining recourse is small claims court.

Having the right information about the condominium association can help individuals deal with difficult situations and make the right decisions. Ask Experts about the condominium association and other related topics.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
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20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

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