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I received a letter from my condo association board that owners

would no longer be allowed...
I received a letter from my condo association board that owners would no longer be allowed to rent to guests with dogs effective 1/01/2014. This has been an on going issue for years, and every year or two there would be a vote on this issue. However, they were never able to obtain the necessary majority to change the rule. Now the Board says they can do it without a vote AND, not only can they change it, they are not going to allow those of us who have already rented to people with dogs in 2014 honor their contracts. This doesn't seem reasonable, right or legal!
Thank you,
Gail Juvik
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Answered in 56 minutes by:
8/3/2013
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,711
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Under what authority do they say they can act to change the rules without putting it to a vote of the owners?
.
,
Thanks
Barrister
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Customer reply replied 4 years ago


I really do not know....it seemed strange to me that in the past the issue always went to vote (and failed), and now suddenly they can do this, stating only that the past condo president only said they couldn't when they really could. Yeah, I know, it all sounds so stupid, but I'm standing to lose a lot of money or get sued myself for not honoring my current 2014 rental agreements.

Ok, I don't know how they could go in and make changes to the Bylaws regarding major issues like this without putting it to a vote of the members and getting the required percentage.
.
I also don't see how legally they could make the rule essentially retroactive to negate any contracts that have already been entered into.
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I think they may just be trying to bluff their way through this with a few aggressive members and it may require some owners to get together, file suit, and seek an injunction against the Board from putting in place any restrictions that haven't formally passed by the proper administrative procedure.
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But at this point, unless they can explain legally how they can do this and show written proof the they have the authority, I think you are safe in ignoring anything that they try to do without a vote.
.
.
Thanks
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,711
Experience: 17 years real estate, Realtor. Landlord 26 years
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