T.X. from Hillsborough County, Florida writes:
Dear Mister Condo,
We have 3 buildings of 40 units each. These are 5 story buildings laid out to face the Gulf of Mexico. I don’t have a problem with the fire pit itself but more were it is placed. Our building has the pool and Gazebo that sits right in front of our view. The fire pit has been placed in the pool area. Even that is no big deal. But as an owner shouldn’t this require a vote from the Association not just by the board where 4 of the 5 members are all good friends so whatever one wants they all vote yes to? Our docs state any alterations to common elements requires a majority vote of the association. They claim that the lawyer said that if it is moveable then it is allowed. Now they want to put heaters around the pool area. These are snowbirds. And, again, no vote. The other 2 buildings face the water also. Only they can’t see the pool area and the private beach. We feel that it’s not fair that everything they want is in front us. They say we knew that when we bought in this building. Truth is the units in this building are almost 300 feet bigger. But that still doesn’t seem right that we get all this to look at plus the additional noise.
Mister Condo replies:
T.X., if the Board is taking actions that the majority of unit owners disagree with, you should vote them out when Elections are held. Otherwise, if they are not violating the rules of governance of the association, I cannot see where they have done anything questionable with regards to how they are running the association’s business. Fairness is not a concept that is dictated in your governance documents. Democratic election to the Board is. Use your vote to make the changes to the Board you feel are in the best interest of the community. If others agree with you, you will have Board members more in tune with the needs of the entire community, not just themselves. All the best!