Tag Archives: Rules Enforcement

Antiquated Condo Parking Lot System Ineffective and Unenforceable

C.S. from outside of Connecticut writes:

Dear Mister Condo,

The Manager of my Condominium does not exercise any control about the occupancy of the scarce parking lots. All these spots are numbered and some others (each for one each) and others are for visitors (without numbers), that is for the first that arrive. Can the owners know the parking spot numbers belonging to all others owners? Then we (the owners) can make a match to them and find abusive neighbors. There are many people that duplicate the hang tags or recycle from the former tenants and even have numbers that not matching with the numbers on the parking lots. The manager has mentioned that the number of each parking lot belong to the “privacy information”. Is this true?

Mister Condo replies:

C.S., it sounds like your association is using a very poor system of parking lot management. While it may fall to the Property Manager to enforce this system, I would complain to the Board that their system is ineffective and being rampantly abused by residents. All the Board needs to do is adopt a modern parking lot solution to get the problem under control. If they refuse to do that then the chaos will continue. Privacy issues are a legitimate concern and many people are not fond of outsiders (burglars, for instance) entering a property and inspecting vacant parking lot numbers to determine who is and isn’t at home. Vacant space equals a vacant unit. That might encourage a burglar to attempt a break-in. Many associations use alternate parking space assignments for just this reason. My advice is for you to write to the Board and ask them to modernize the parking lot assignment system. Then, the Property Manager is far more likely to be successful in enforcing the rules of the new system. All the best!

Two for One: Condo Parking Space Rental

A.Z. from Brooklyn, NY writes:

Dear Mister Condo,

I have a condo in Brooklyn. The condo has parking spot. I believe it is in my deed. Do I have the right to rent my parking spot? Thank you.

AND

E.P. from outside of Connecticut writes:

Dear Mister Condo,

I need your help. I live in 3-unit condo. The condo is self-managed. I have a parking space, which belongs to me but I do not have a car. My neighbor, who doesn’t live in our condo, is parking his car in my parking space with my permission. One of our neighbors, who lives in our condo said, that this is an unauthorized car and it should be removed. May I allow to parking any car on my parking lot if it is a part of my property? Thank you!

Mister Condo replies:

A.Z. and E.P., unless your association governing documents prevent it (many do, especially in high-density urban markets, so be sure you check your governing documents), you may have the right to rent your space. The reason many associations ban parking space rental is that it can create a potential problem for the association who owns the parking lots. Technically, your parking space rental enterprise sets up business on the common grounds, which is generally prohibited. What happens if the renter decides to sue you if their car is damaged in the space. Who can you rent to? Will it be another owner or someone who is looking for long-term vehicle storage? Can the renter sue the association if there is a problem? Rather than set themselves up for possible problems like these, may associations simply deny the rental of parking spaces. Check your documents. Ask the Board or Property Manager if you aren’t sure. Don’t be surprised if the answer is “no”. Good luck!

Condo Electronic Key Deactivated by Property Manager

O.P. from outside of Connecticut writes:

Dear Mister Condo,

The property manager disconnected my electronic key because I authorized a person HE DOESNT LIKE IT to enter to my property as desired.

Mister Condo replies:

O.P., I am sorry that your electronic key privileges were revoked. Without knowing the rules of how your electronic keys are allowed to be used, I am not certain if sharing it with anyone is allowed, let alone a person disliked by the Property Manager. I doubt the Property Manager can simply disable a key without having to report such activity to the Board, to whom the Property Manager must answer. If you feel your key was deactivated inappropriately, complain to the Board so they can take action. On the other hand, if you have violated the rules of the electronic key use by sharing the code with someone who you shouldn’t have shared it with, I would advise you not to do it again. I assume the reason there are electronic keys in the first place is to provide building security. They are convenient to be sure but must be protected if they are to be useful as a security measure. All the best!

Condo Owner’s Guest Flagrantly Violates Parking Rules

L.W. from Fairfield County writes:

Dear Mister Condo,

Our parking rules state that “no vehicles may be stored in common parking spaces when not in use. Vehicles that are not operable or that will not be utilized for 15 days or longer should be parked in the Unit Owners garage or driveway.” The live-in boyfriend of a unit owner has parked his beat up pickup truck in a parking spot in the common area for more than one month. It has not budged in a month. I requested our Management Company ask that he move the truck weeks ago, but it has not moved. The owner of the truck is NOT an owner in this complex, just a friend of one. The truck owner has a new truck which he parks near the old one, indicating to me that he is merely storing this unused truck in one of our common area parking places. It is infuriating that they are being allowed to do this. What do you suggest?

Mister Condo replies:

L.W., the use and management of the common parking areas is the purview of the Board. It is up to them to enforce the rules of the association. Your duty is to report those parking violations that you observe to the Board. It is then up to the Board to take the appropriate action. You can follow up with the Board to see what they are doing but that is the limit of what you can do. The Property Manager can only do what the Board empowers him or her to do. While your by-laws state the intended use of the parking lot they may not say what, specifically, can be done to unit owners or guests who do not comply. Typically, fines are issued after warnings are given. In extreme cases, the Board may have the authority to tow the vehicle off property. Whatever the rules are, all you can do as a resident is to report the offense. It is up to the Board to deal with the problem. All the best!

Cantankerous Condo Renter Unhappy at Condo

B.C. from Florida writes:

Dear Mister Condo,

The condo president is a nightmare. The Board is a nightmare. This condo is intentionally making it difficult for guests to get in and out of the building. The intention is increased security but it is just increased harassment. If a nurse or CNA visits every day, calling the gate every day is absurd. They get too many phone calls and don’t have time to make parking passes for the number of visitors we have during the winter. Disabled parking is not required for condos in FL — but they have a sign saying that if a resident parks in a guest spot (even with a handicap sticker) the car will be towed. There is a sign saying I can be fined for drinking water while swimming. Funny thing is….they have no one to enforce any rules or call the tow company so the folks who rent here ignore the rules and the board and work everything out with the parking amongst ourselves. I cannot be evicted by a condo board and my landlord will never evict me. They can’t “put pressure” on the landlord because he will ignore them. I have spoken with the President of the Rec Center and he sees my side but refuses to hire his incompetent manager who is the cause of ALL problems here. I never agreed to follow any rules. I don’t even have a written lease anymore….because my landlord trusts me. If the Board of this condo refuses to let in my guests, I will either have a panic attack and call the police or I will insult someone who will then hit me and then I will file battery charges. Can I file a law suit against the Condo Board for discrimination against the disabled? The manager is hated here…how do I get her fired without ending up in jail myself?

Mister Condo replies:

B.C., I can’t for the life of me understand why you would live in a place that is so out of touch with your living needs. A condominium is not an assisted living center and the association is under no obligation to change its rules to suit your needs. You, and everyone else, need to follow the rules of the community. The Board, democratically elected by all unit owners, including your landlord, conducts the business of the association as it sees fit but does have to answer to unit owners at annual elections. If they aren’t doing their jobs they are likely to be voted off the Board. That doesn’t seem to be the case from what you have told me. Your lack of lease agreement with your landlord does not exempt you from the rules of the community. In fact, my guess is that your landlord is in violation of the rules for renting units by not having a written agreement with you on file with the association. You claim you can’t be evicted by the association but without a valid rental agreement to defend yourself, I am not so sure you are correct. You would be unwise to do anything illegal such as verbally assault any of the Board members or Property Manager at your condo. You would do well to speak with your own attorney and see what, if any, legal rights you have. From what you have told me here, I don’t see where any laws are being violated but I am not an attorney and offer no legal advice here. You might consider moving to a more suitable community when your lease ends, whenever that is (who knows with an unwritten lease?). Whatever you decide to do, I wish you a happier condo life experience. All the best!

No Enforcement of Condo Parking Rules Leads to Chaos for Condo Resident

L.T. from New Haven County writes:

Dear Mister Condo,

I have requested for past 5 years to move my parking spot. I rent (by choice) and I am allowed 1 marked spot and 1 visitor spot. I have the only spot parked under a tree. My car gets ruined every day by bird droppings it has ruined the paint on my car and is costing me a small fortune at the car wash. This is not my original spot as you can clearly see on the pavement it was changed. I drive an SUV and I am boxed in by car in front of me and one behind me. Almost every day I come home and someone is in my spot. It clearly should be visitor spot with the one behind me. Gas Co., Comcast , pizza delivery. etc.. So, I park in my visitor spot instead of honking my horn. I also take photos to document. I receive “fines” from condo board for parking in visitor spot. Clearly someone has nothing else to do. Nor have they asked “why” am I supposed to run out all night to check if they left. And it seems to only apply to renters. I also am disabled suffer from migraines. All this exacerbates my condition dealing w/ this every day. Seems there is one set of bylaws for owners and another for renters. I am now submitting a reasonable request. I cannot get an answer why this is such a problem? Just switch my spot. They did it for previous owner. I can go on and on example nobody parks in front of their garage as the bylaws state, parking spaces are not the same length, etc….

Mister Condo replies:

L.T., I am sorry you are having such parking difficulties at your condo apartment. Residents of condominium associations are supposed to voluntarily follow rules such as parking rules because they wish to live in an orderly community. Clearly, your fellow residents have no desire to do so which means the Board needs to intervene and enforce the rules. Sending you fines for violating the rules is one way in which they can attempt to impose order. However, they need to fine all offenders, not just you. If you are being unfairly singled out, you may have a case for a discrimination claim against the association. You should seek the advice of an attorney to see if that is plausible. Other than that, there isn’t too much you can do as an individual. You a should complain to the Board each and every time a parking violation is observed. The Board is under no obligation to move your space although you are free to continue to ask. My guess is this is a classic case of the squeaky wheel getting the grease. Be thorough, be consistent, and continue to document the parking violations and report them in timely fashion to the Board. Appear at the Board meetings to voice your complaints. If the Board is unable to fulfill its duty and provide your parking as it does other residents, you will be left with only two other options. Again, you can speak with an attorney to see if there is a legal case to be made or you can move to another apartment where parking may not be such an ordeal. Good luck!

Noisy Condo Neighbor Serves On the Board and Doesn’t Follow Rules

W.T. from outside of Connecticut writes:

Dear Mister Condo,

I have been having a problem with the owner of the Condo above me. I have asked him several times to try and cut down the noise on his floor (walking, dropping heavy objects, etc.t) which makes noise come down into my condo. He also has a Doberman dog that sometimes barks 30 or more minutes at a time. Yesterday, I talked with him and asked if he would try to cut down on the noise. I have done this before with some results. Yesterday when I asked the question, he came unglued, telling me not to speak to him again and a few other choice words. I feel that if he continues to make excessive noise, I should be able to ask him to try and keep the noise down. What else can or should I do? Also, this person is one of our directors and the other two goes along with him.

Mister Condo replies:

W.T., I am sorry for your problems and for your inconsiderate upstairs neighbor. I am going to give you two answers for your consideration. The first is to write to the Board with as much supporting documentation to describe the noise and the rules violations being committed by your upstairs neighbor. Almost all condos have rules about noise and the rights to a peaceable environment for all residents. Further, almost all have rules about pets and the acceptable noise level and noise curation that other residents have to tolerate. A 30-minute session of any dog barking is sure to be a rule violation. In the past, you have taken a neighborly approach with some success. Speaking with an agreeable neighbor is a great start but that is no longer an option. Your neighbor has made it clear he has no intention of keeping the noise down. Your recourse is with the other members of the Board, his fellow Directors. If they are reluctant to take action against your neighbor, you have two practical options. First, you can sue the Board for neglecting to enforce the noise covenants of the association. Your second option is to move out of this community. It is unfortunate that it has come to this but having a jerk for a neighbor is not only annoying, it can be downright dangerous. Having a jerk like this neighbor on your Board is equally dangerous, especially if his fellow Board members are reluctant to enforce the rules against him. I am sorry I don’t have better news for you. Keep me posted and good luck!

Are Condo Trustees Exempt from Association Rules?

S.B. from outside of Connecticut writes:

Dear Mister Condo,

Are trustees supposed to follow the same rules that home owners get letters for? And do all condo places have to center their cars from side to side and from front to back but trustees don’t have to?

Mister Condo replies:

S.B., unless your association has some very unusual clause that exempts trustees from following the rules of the association, they most certainly do have to follow the same rules and by-laws as every other member of the association. However, unlike everyone else who resides in the association, they are often the ones who decide if rules have been broken and what action, if any, should be taken to enforce those rules. In other words, there exists a potential for selective enforcement of the rules where they may decide to be more lenient with themselves. The good news is that trustees are voted into office by association members. You and your fellow association members can simply vote them out of office at your earliest convenience, usually the annual meeting. For truly bad offenders, the recall election can also be employed to throw them out of office sooner. The decision to serve as a trustee is an altruistic one. The good of the community and the protection of association assets is at stake; not the ability to supersede rules and practice preferential treatment for one’s self. Of course, you need to also find and elect trustees that have this altruistic spirit. If you can’t find the right people you will continue to have what you have now. Perhaps you will answer the call to server yourself, S.B.? I wish you good luck!

Condo Board Denies Unit Owner Driveway Widening Request; Owner Proceeds Anyway!

J.G. from outside of Connecticut writes:

Dear Mister Condo,

One of our condo owners asked the Board if they could widen their driveway to accommodate 2 cars. We, as a board, had to deny the request due to the bylaws regulating common areas. We have discovered they are making plans to proceed without our permission. What can we do to prevent this from occurring?

Mister Condo replies:

J.G., this is the second day in a row I have received questions about unit owners feeling they have the right to do whatever they want in their condo, regardless of the rules of the association. Quite simply, the Board is the enforcer of the association rules and it is up to the Board to make all unit owners comply with the regulations of the community. If a unit owner attempts to modify a common element, in any way, the Board needs to cite them for the violation, ask them to return the common element to the way it was before they violated the governing documents. Further, contentious unit owners who show little regard for the rules of the association often need further “encouragement” in the form of a lawsuit, that not only forces them to comply with the rules but also costs them a good deal of money because they are often charged the cost of the association’s attorney to take action against them. It is unfortunate that it often comes to this but I find it is the best way for the association to protect itself from unit owners who probably don’t belong living in a condominium in the first place due to their lack of consideration of following the rules which make the community a desirable place to live. Good luck!

Condo Owner Modifies Condo Interior Without Board Approval

H.R. from outside of Connecticut writes:

Dear Mister Condo,

Our Small condominium, AKA condex, has one and two bedroom units. A new Unit owner has made changes to their unit without seeking the required permission from the board. The seller notified the association of a new rug to be put in. This was approved. Unfortunately, the new owner took out the old carpeting and put in hardwood floors and added additional rooms to a one bedroom unit. They are currently occupying the space as a non-approved three-bedroom unit. They are also paying the condo fee at a one bedroom rate. What is the most effective way to restore the unit to a carpeted one bedroom?

Mister Condo replies:

H.R., while it would be nice for the unit owner who has broken the rules of the association to simply restore the unit to its previous condition and live in the unit as was agreed to in the by-laws of the association, it is very likely time for the association to hire an attorney and sue the owner to make the necessary changes. Clearly, this unit owner has neither read nor lived up to the expectation and requirements as set out in the governing documents. Fortunately for the association, this is a legal document that gives the association fairly broad powers in forcing compliance. Obviously, the first step is to ask nicely that the new owner adhere to the by-laws and restore the unit to its previous condition. However, if nice doesn’t work, there is always the legal option of suing the owner and forcing compliance. I hope it goes smoothly for the association. This could be a long and costly legal battle if it doesn’t. Good luck!