J.G. from Litchfield County writes:
Dear Mister Condo,
Owner refuses to abide by rule regarding placement of Direct TV dish on roof. How do we enforce this rule?
Mister Condo replies:
J.G., rules enforcement begins with the associations rules and regulations. If there is a rule in place prohibiting any unit owner from modifying the building’s exterior or roof, then the offending unit owner should be served notice that he/she has broken the rule and is requested to meet with the Board at the next meeting of the Board to explain why. If your rules allow for a fine for violating this rule, also include the fine in the citation and inform the rule violator that the fine will also be discussed at the meeting. If the unit owner attends the meeting and agrees to remove the Dish and repair any damage to the roof, the Board is then free to decide whether or not to levy the fine for the rule violation. If the unit owner refuses to comply with the association’s rules on building modification, the Board is free to hire a contractor to remove the Dish and bill the unit owner for the work. Hopefully, it won’t come to that but the Board does have the authority to enforce the rules of the association provided they follow proper procedure. One caveat to consider is that the Board may wish to speak with its own counsel before ordering the removal of the Dish just to make sure all of the association’s governance provisions were followed as well as state law. Good luck!