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Condominium Law

There are many condominium laws in place that detail what rights a condo owner may have. Condominium laws and condo by-laws differ from state to state and condo to condo. Uncertainties of your rights related to condominium law often lead to questions like the ones answered below.

Does Virginia condominium laws have precedence over my condominium by-laws?

It would depend upon which state condominium laws or provisions you are referring to. Generally, if the condominium documents can override state law, the statute would specifically say so. If in the condo by-law it states something like, “Except as otherwise provided in the by-laws…” then the by-laws will control. Meaning that in that specific situation the legislature decided to defer to the HOA. If you by-laws do not have that kind of language then the state law would have precedence.

In Massachusetts is written notice required prior to levying fines under condo by-laws?

Notice is not required prior to levying fines under condo by-laws. The state of Massachusetts law states that the HOA set up a parliamentary system of function, and provide some guidance on voting. But the day to day operations are left to the HOA.

Is it legal for a condo association to charge a late fee each month for an unpaid late fee balance while disregarding the date of receipt of the fee currently due?

A condo association can charge a late fee on top of a late because the late fee becomes part of the balance. Condo associations have been much more aggressive with their late fees and much less willing to waive or reduce them due to the economy and foreclosure crisis we have been facing. If the unpaid late fees are not resolved, the condo association can put a lien on the condo unit.

In Wisconsin, Does the executive summary have more power than the condo by-laws?

The association is not governed by the executive summary. The association is governed by the by-laws. If there is a conflict between the by-laws and the summary, then the by-laws will prevail. The condo by-laws will prevail because the bylaws were voted on and passed by the members.

Our condo by-laws state no pets. However my spouse now has a small service dog. Do we have to notify the board? What is the condominium law regarding this?

To make the process smoother you would want to notify the board just to make them aware that the dog is not a pet but a service animal. This would give the board time to make a note that you shouldn’t be charged or fined for violating the no pets policy. Legally they cannot stop you from bringing the dog.

If they do try to stop you or give you hassle about the service dog, then remind them of that the Fair Housing Act requires them to allow service animals, and the Americans with Disabilities Act requires them to make reasonable accommodations to persons with disabilities.

Having the right information and understanding of condominium law can help when dealing with questions regarding issues that arise within your condominium. Experts can help answer questions about condominium law or condominium by-laws. Get the answers fast and affordably by asking an Expert online
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