Pigeon Netting is for the Birds at this Condo

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S.B. from Puerto Rico writes:

Dear Mister Condo,

My condo board here in Puerto Rico voted to put in a pigeon net that obstructs my ocean view. The net was put in without alternative techniques considered and with no pre-approved net designs and with no notice to or informing of affected parties such as myself. In fact, none of the four floors that were netted had anyone at board meeting. The net was put in quietly as part of a larger rehab project for painting building exterior that required-but did not have-unanimous consent of owners and special notification of affected units. I have retained counsel and we are going through arduous process of getting a hearing with local consumer affairs unit of government. Question: what Grounds might I have to just take the net down in front of my window and Challenge their authority in this matter? Thanks in advance.

Mister Condo replies:

S.B., as I am guessing you have found out by now, the condo building exterior is the purview of the Board. In fact, all of the common elements are under the Board’s control. Of course, the Board is elected by you and all of your fellow unit owners. When the Board does something that the majority of unit owners don’t like, they are generally rewarded by being voted out of office at the next Annual Meeting. In severe cases, associations can even hold recall elections to get them out sooner. My guess is that your building was facing a pigeon infestation problem and the Board was getting complaints and requests to do something about it. This is what they came up with. My guess is that the Board did nothing improper, just unwanted and, perhaps, not as well thought out as it might have been. They certainly didn’t do a very good job of keeping unit owners like yourself informed of why, how, or when the pigeon net was installed. Since you have already retained legal counsel, my guess is you will get your day in court. However, I think your efforts might be better spent communicating with the Board and helping them seek alternate solutions, if there are any. Hopefully, you can turn this negative into a positive and get your view back as well as help solve the pigeon problem. Good luck!

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