L.M. from Hartford County, Connecticut writes:
Dear Mister Condo,
We have a condo president who has let the power go to her head. She is constantly sending us letters and most recently told us that if our daughter was not supervised by an adult at the playground she would fine us for each and every occurrence. She also harassed us about tree trimming and having our cat on a leash. Nowhere is it written in our by-laws that we have to leash our cat or supervise our 6 year-old daughter on the playground. No other parents supervise their kids and we do not believe she is sending them threatening letters. We feel like we are being singled out. Does she have the power to do this?
Mister Condo replies:
L.M., condo presidents are volunteer members of the Board of Directors who were elected by their Boards of Directors to fulfill the duties of presiding over the Board. It is often a challenging assignment and can lead to situations like you have described if the person in the role misinterprets their presidency to include behaving as the condo cop on top of the regular duties of a Board President. While I commend this volunteer for her service to your community it sounds to me like she would benefit from a better understanding of what her role is with regards to individual unit owners such as yourself. Of course, you and your fellow unit owners need to understand your roles as well.
All unit owners are tasked with living within the rules of the condominium association. This is a voluntary agreement that all unit owners agree to abide by when they purchase into the community. Renters, as an extension of their rental agreement, must also abide by the rules of the association. If your rules call for all pets to be leashed (most do), and all children to be supervised in play areas (again, most do), then it is incumbent upon all residents to follow the same rules. That being said, if only some of the rules are being enforced against only some of the residents, a case could be made for discrimination. If you truly feel you have been singled out, you may wish to contact an attorney to see if legal action is in order. Keep in mind that you will need to demonstrate that you and only you have been cited for breaking the rules. The attorney can better advise you than can I as to whether or not you would be likely to prevail in court.
The Common Interest Ownership Act (also referred to as CIOA) outlines the correct procedure for a Board to take corrective action against residents who do not follow rules. A written warning must first be issued and the offending unit owner is invited to speak before the Board at the Board’s next regularly scheduled meeting. If the violations persist, a fine or series of fines may be issued. Fines may be issued for each and every occurrence but the idea behind the fine system is to correct the behavior; not force a unit owner to be repeatedly fined for the same offense. My advice is for you to review your condo documents once more and make sure you are not mistaken about walking a pet off leash and leaving children unattended in play areas. If you still feel that you are in the right, ask to speak to the Board at their next meeting or hire an attorney to protect your rights. All the best!