Tag Archives: Rules Enforcement

Tricking the Condo Board on the Number of Pets Per Unit

M.L. from outside of Connecticut writes:

Dear Mister Condo,

I live in a condo that has a one pet rule, I have a dog. Recently my girlfriend moved in and she also has a dog. I received a letter from the Corporation citing the one pet rule and was asked to remove one of the dogs. A neighbor that I have become friendly with has offered to register one of the dogs as his thereby allowing me to tell Corporation that one of the dogs has been removed although the dog remains with me. Can this be done? Can the Corporation come back to me as having two pets?

Mister Condo replies:

M.L., kindly put yourself in the position of a Board Member being asked to enforce the rules of the community. They know nothing of your personal situation. All they know is that your unit now houses two dogs, which, as you have acknowledged and obviously know, is against the rules of the association. You have found a creative “loophole” around the rule which may or may not work for you. I am certainly not going to endorse this fraudulent behavior but if you are not “caught” breaking the rules, there may be no penalty for you. However, if push comes to shove, the association is completely within their rights to enforce the rules you agreed to live by when you moved in. I hope it works out for you. Good Luck!

Condo Association Evicts Dog Owner After 5 Years!

K.V. from outside of Connecticut writes:

Dear Mister Condo,

I’ve been living in my condo for over 5 years. The association has never ever enforced the no dog over 20-pounds rule the entire time. Now I have an eviction notice on my door. Are they able to do that? Can they now kick me out for my dog? I’ve had her there for 5 years. I would have never moved in if I knew this would happen. 5 years!!!! Not one word about it being against the rules.

Mister Condo replies:

K.V., I am truly sorry for your problems. Just because the association chose not to enforce a rule doesn’t mean they can’t enforce a rule. What they do have to do is enforce the rule evenly (not just against you) and they have to follow the rules for notifying you of the violation, giving you an opportunity to contest the violation, make sure your dog is not an Emotional Support Animal (ESA), etc.. If they have done all of those things and your by-laws allow then to evict you and/or your dog, then they may be well within their rights. If you have not already done so, you should most certainly hire an attorney to protect your rights. Eviction is usually an extreme measure and a very legal procedure. It should not begin with a notice on your door. There are many more steps than that in the process. You can and should fight back. Whether or not you will prevail depends on the association’s governance documents and your local laws. All the best!

Can Non-Owners Serve on the Board?

J.S. from New Haven County writes:

Dear Mister Condo,

May non-owners be directors of CT common interest communities? Our By-Laws require that only owners may serve as directors and several non-owner residents have expressed interest in serving on the Board.

Mister Condo replies:

J.S., it isn’t a question of State of Connecticut laws but, rather, the association’s by-laws that restrict who can serve on the Board. As you have stated, only owners may serve on the Board. Connecticut does not restrict who may serve on the Board as far as I know but your governance documents most certainly do. The non-owners should not be allowed to serve on the Board. All the best!

Condo’s No Parking Rules Ignored by Unit Owners Including Board President

K.J. from Fairfield County writes:

Dear Mister Condo,

There is a spot near my garage which is marked “No Parking”. If someone parks there, it is very difficult if not impossible to maneuver my car into my garage. Additionally, it narrows the driveway in our parking lot so that other cars have trouble going around the lot. Sometimes a neighbor will have a guest park there because the guest is too lazy to park in visitor parking which is about fifty feet away. One of my neighbors parks there weekly because it’s just more convenient than her garage. That neighbor is president of the condo complex. I have complained to her about “people” parking in that spot and she says “You’re right they shouldn’t” and then the same day SHE parks there. What should I do?

Mister Condo replies:

K.J., all you can do is complain loudly and often each and every time the “No Parking” rule is violated. The president of the Board is not exempt from the rules of the association and should be reported for each and every time she violates the rule as well. Presidents who feel they do not need to follow the rules of the association have no business serving as officers of the association and I would not hesitate to point that out at the next election cycle when she is running for reelection. If she isn’t going to follow the rules how can she be expected to enforce the rules, a primary duty of the Board? Other than that, it sounds like you have a series of unit owners and guest who just don’t care about the parking rules and how their violation of those rules inconveniences other community members. The world is full of rude and ignorant people; sounds to me like a fair number of them reside in your association. The rules are on your side; well-mannered residents are not. Keep complaining. It may get better; it may not. All the best!

Condo’s “Backyard” Cannot be Used to Walk Dogs

T.B. from outside of Connecticut writes:

Dear Mister Condo,

Our association has a rule that dogs are not allowed in our backyard near the River. Can they prevent me from using my backyard for my dogs?

Mister Condo replies:

T.B., they absolutely can restrict use of the common grounds as it applies to pets. Many condo unit owners are under the impression that the land that surrounds their units is theirs to use as they see fit. That is rarely the case. In fact, the association owns all of the common land within the association. That includes the land behind your unit which you refer to as your backyard. Since the association owns the land, they make the rules. If the rule is that you can’t use the common area for your dogs, then that is the rule. You can ask the Board for an exception but it is unlikely that they will agree. I hope you can find a suitable solution to your pet problem. Good luck!

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!

Irresponsible Dog Owner Concerns Condo Residents

L.H. from outside of Connecticut writes:

Dear Mister Condo,

We are senior citizens who have filed 10 complaints about a resident who does not leash his German Shepherd dog in the common areas, e.g., hallways, elevator, garage. We live in the same building as this resident. The CCR’s require all dogs to be on a leash. The HOA stated the attorney is working on our issue. They have yet to levy a fine on this resident. It has been 8 months and the resident is verbally abusive to us. What can we do?

Mister Condo replies:

L.H., I am sorry that you have such an irresponsible pet owner in your association. Honestly, it sounds like you can do all you can do. Once the association attorney is involved, it is up to the Board and the attorney to take the next steps. Hopefully, this dog will not attack you or any other unit owner before the dog’s owner leashed the dog and follows the rules. Sometimes, you just get a jerk living in an association. This is one of those times. If the verbal abuse continues, call the police. Protect yourself as best you can. My guess is that the attorney’s involvement will help correct the situation. Good luck!

Aggressive Behavior in the Condo Laundry Room

S.W. from outside of Connecticut writes:

Dear Mister Condo,

My condo has a rule that allows people to remove clothes from a washing machine after the machine has finished without a grace period. I have witnessed people keeping laundry in the machine overnight but when I happened to receive a short call (ten minutes) and returned for my clothes they were removed. Isn’t that legally called the tort of conversion?

Mister Condo replies:

S.W., you’d have to ask an attorney (I am not one) if this un-neighborly action qualifies as a tort of conversion. I guess your clothes would have to have been stolen, not just removed from the machine for there to have been an actual crime committed. Even then, I don’t know if there is a writ of “habias clothesius” that should have been served… JPardon my joke, as I am sure you were not happy to find your clothes removed from the washing machine. If another unit owner violated an association rule, all you can do is report it to the Board or Property Manager. Of course, if you don’t know who did it, there is almost nothing you can do. It’s too bad that people have so little respect for your personal property but you might want to consider delaying future phone calls for the short amount of time you need to keep an eye on your laundry. That way, no one can mess with your stuff when you’re not around. Good luck!

Condo Board Enforces Parking Rules After 20 Years!

J.M. from Florida writes:

Dear Mister Condo,

I have been living in my community for the last 20 years. Never have I had a problem with parking before. All of our units are single building divided into three town homes with a three-car, three-door, non-divided open garage. My garage section isn’t very big especially being completely open on the inside, it would be impossible to have three vehicles parked inside with the ability to get in and back out. I have things stored in my garage as any normal town home living person does leaving me unable to put a vehicle in the garage. There has been a new resident that moved onto our street in our gated community. Since his arrival he has joined the board for parking reasons and is causing nothing but problems this past year. I live in a two-bedroom unit with my wife and son. We have always parked one vehicle behind the other putting two in our driveway. The Board is trying to tell me that I can’t park two vehicles together anymore, one behind the other or they’re going to tow it. They even went as far as to paint yellow lines for parking limitations only for my building and the adjacent neighbors building. The rest of the entire community has no painted lines. There is a very big parking lot one street over from us that is guest parking for the pool and the clubhouse. They are telling us that we cannot park in guest parking. There is no other overflow owner vehicle parking anywhere else in the community. Even if I clear my garage that only takes care of two vehicles. Having three vehicles they’re trying to tell me there is no place I can park it that is acceptable. It has gotten to the point that me and my family are being severely harassed over this matter. Since I have been here for over 20 years does any kind of grandfathered rules apply? Don’t they have to provide some kind of overflow parking for residents since all the guest parking spots they say are not usable for resident vehicle? I am close friends with my neighbors in our building that are only here 4 months out of the year and they allow us to use their two spaces when they’re not here. They’re coming back very soon and before this turns into a huge legal matter, I want to know what my options are and how to fight back. Thank you so much for any kind of response or information you can provide me with. We are located in St. Petersburg, Florida (the Sunshine State).

Mister Condo replies:

J.M., I feel your pain but I don’t think you’re going to like my reply. Generally speaking, the association owns the parking areas in most condominium associations. That means that they make and enforce the rules dealing with parking. I am painfully aware of the notoriously small parking spaces you speak of. Maybe two cars and a golf cart would fit but three full-sized cars are not likely to fit. That being said, that isn’t the Board’s problem or concern. notoriously small parking spaces you speak of. Maybe two cars and a golf cart would fit but three full-sized cars are not likely to fit. That being said, that isn’t the Board’s problem or concern. You have what you have, no more, no less. The association is under no obligation to provide you with any additional parking and your deed likely doesn’t guarantee it either. Additionally, many associations prohibit the type of open storage of belongings you describe. In other words, carports and garages are for parking only. I wouldn’t be surprised if the Board enacts and enforces a rule prohibiting storage in the garages so be ready. The bottom line is that the Board has many powers given to them by the association’s governance documents and state law. If you feel they have overstepped and can back it with provisions of your governing documents, you should seek legal counsel to see if you can fight back. Other than that, your 20-years of using the parking garage as you saw fit rather than how the by-laws read was a bonus for you. I am not aware of any provision that grandfathers in breaking of the rules because it suits you. You can always seek out a seat on the Board yourself as your neighbor has done and see if you can make the changes you seek from within the Board but understand that service on the Board involves much more than just your personal parking issues. I wish you all the best!

Condo Unit Owner’s Grievances Go Unenforced by Board

J.C. from outside of Connecticut writes:

Dear Mister Condo,

I have filed many grievances with my condo over four years and they did state they received them with no response. Is this discrimination? How long do they have to respond to my grievances?

Mister Condo replies:

J.C., I am sorry that you have found reason to submit may grievances with your association over the past four years. Many unit owners enjoy their condo living experience and never have to file even a single grievance. The Board is obligated to acknowledge receipt of your grievance, which they have. Your grievance is actually now a record of the association. Any actions they take (or don’t take) are supposed to be reflected in the Minutes from the Board meetings where the grievance was received. However, the Board is not typically under any obligation to take specific action on your (or any other unit owner’s) grievance. It is at their discretion for the most part. That can be particularly annoying for folks like you who have purchased into the association with an expectation that rules will be followed by fellow unit owners and violations will be enforced by the Board. As democratically elected representative of the association, Board members are subject to removal from office either at an annual election or as part of a recall election. However, that requires a majority of unit owners to want them out of office and new members elected. If you are a minority of one in your grievances, you might find it difficult to garner support for new Board members, especially if your fellow unit owners are happy with the way things are. Now, if the Board is enforcing rules against some, but not all, unit owners, that is a different story. If you feel you are being discriminated against, I would suggest you speak with an attorney. Other than that, you are certainly free to continue filing your grievances but I wouldn’t expect the Board to behave any differently until there are some new Board members more motivated and willing to take action against the rule breakers. All the best!