Condo Maintenance Standards vs. By-Laws

J.J. from New Haven County writes:

Dear Mister Condo,

I have heard that maintenance standards overrides the bylaws. If so, what is stopping associations from just putting in what they want rather than changing the bylaws, which is very costly?

Mister Condo replies:

J.J., maintenance standards are generally enacted to ensure the community association insurance policies will protect the unit owners. Maintenance standards, or rather lack of, makes the association particularly vulnerable to damage caused by items that commonly wear quickly. Water supply hoses and water heaters come to mind. When either fail, tremendous damage can ensue. Without maintenance standards in place, the association could find itself uninsured for the liability. That being said these standards are still introduced and voted upon by either the Board or the full membership of the association before they are put in place. By-laws cover so many other areas of association governance that it is hardly fair to put them in the same category as maintenance standards. You couldn’t simply make a rule about something like “use of the clubhouse” and call it a maintenance standard. That would be a by-law change. Other associations feel that maintenance standards are important enough to actually create a by-law change. Either way, unit owners are bound to these standards once they are properly adopted. It is in the best interest of all association members that these standards are in place and enforced. All the best!

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