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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Condo was open 24/7 and changed to close at 10pm without

Customer Question

Condo was open 24/7 and changed to close at 10pm without filing the change with the state. 75 percent of our 152 units. Went to the board meeting yesterday and asked for a vote to have just adult time from 8:pm to 10pm. For people over 21 years old because adults are unable to enjoy the pool with all the news and how crowded it is. The board said in, the rules will allow it. Then how could they just make the change the rule from 24/7 to just 10:pm.?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

The condo association in this type of situation is legally obligated to adhere to their own internal by-laws as well as the policy and procedures that are in place for this particular condo. The rules have to be in compliance with state law as well. As a result, most condo association by-laws look strikingly similar.

That being the case, it is possible, likely after a board vote, that the rules could be change as to availability of the pool. As you have stated, in most cases though, this take a vote from the majority of the condo owners - not just a fiat ruling by the condo association board.

So, what is the remedy for you and those others that are aggrieved by this decision? First, you need to review the bylaws that govern your particular condo and condo association to make certain that they are violating the bylaws. If they are, then you can file for an injunction against this ruling on a court in your county of residence to would effectively void the ruling of the association. The association board could then try to go about this the right way and get a three quarters vote from the condo owners if they want to re-implement this rule.

Before going to court seeking the injunction, you and those others aggrieved should send a certified letter with a return receipt to the board in which the explain the issue, point out their violation of the bylaws and request that this be changed immediately. They will likely not comply, but you can use this as evidence of legal notice and your attempt to resolve the issue without the courts (which must be shown to get an injunction).

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my response.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in this morning to see if you had any other questions or comments. I want you to be as comfortable as possible as you move forward on this issue. Thanks