Previous Condo Board Failed to Incorporate New Rule

B.R. from Maine writes:

Dear Mister Condo,

A condo board passes a new rule but fails to incorporate it into the existing list of rules & regulations. Board members change. New Board finds the ‘changed’ rules in a review of minutes. Are these changed rules still valid or were they terminated when they weren’t published in the rules & regs?

Mister Condo replies:

B.R., the vote on the rule change stands, in my opinion. If the seated Board had the authority to create the new rule and passed it properly, I don’t see why it would be invalid. It isn’t enforceable until it is properly incorporated into the governing documents and unit owners are notified, so it is basically unenforceable until that is done. And, like any rule, the current Board can rescind or modify or remove it. It really comes down to the practicality of implementing the rule after all this time. The current Board should decide to either adopt it and incorporate it or repeal it and let it go away. All the best!

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