Condo Media - September 2024 - 28

Homeowner's Corner
Your Condominium
Your Rules - or Not [By Ellen A. Shapiro, Esq., EBP, CCAL]
General Douglas MacArthur once
stated that " rules are mostly made
to be broken and are too often for
the lazy to hide behind. " And while
General MacArthur was known for
breaking a lot of rules, this was certainly
not his most admirable quality.
I don't think quoting the General
would be a defense to anyone who
violates a condominium rule.
The primary objective of rules is to
establish the accepted behaviors within
the community. They are enacted to
(hopefully) ensure the safety, security,
and overall well-being of all residents
living in the community. These rules
help maintain order, prevent conflicts,
and preserve the value of property.
They also help create a harmonious
living environment where everyone
can enjoy their time in the community.
RULES VS. RESPONSIBILITIES
While not necessarily rules, owners
should be mindful of their responsibilities.
Some common responsibilities of
a unit owner in a condominium include
paying monthly association fees, maintaining
their individual unit, following
the rules and regulations set forth by
28 CONDOMEDIA September 2024
the governing board, attending meetings
and voting on important issues,
and cooperating with other unit owners
to maintain the overall property.
It's important for unit owners to stay
informed and actively participate in the
management of the condominium to
ensure the community runs smoothly.
While a great deal of these responsibilities
is derived from the
condominium's governing documents,
they are administered by the board
as part of their rulemaking authority
and responsibility. By way of example,
the documents provide that the owner
may attend meetings in person or by
proxy. In order to efficiently administer
this document provision, the board
enacts a rule stating that only the
proxy form provided by the association
may be used. As is often the case,
a unit owner misplaces their proxy
and decides to draft their own rather
than contacting the board for a new
one... after all, what difference can it
make? The board had a legitimate
reason for wanting their own form
to be used in order to determine the
validity of an election and doesn't
accept the proxy as valid.
RULE-BREAKING CONSEQUENCES
When owners don't obey the rules in a
condominium, there are usually consequences
that vary depending on the
nature of the violation. In the example
given here, the unit owner's vote was not
counted, and as a result, a quorum was
not obtained. Given the importance of
voting for board members, this could be a
significant consequence to the owner and
the community. Owners receive warnings,
fines, or even legal action if they continue
to disobey the rules. In some cases, owners
may risk losing certain privileges, such
as a suspension of their rights to use the
pool or, as in this case, losing the right to
have their vote counted.
It's important for all residents to
follow the rules to ensure a pleasant
living experience for everyone. And
the good news is that owners can work
within the rules to effectuate changes!
n ELLEN A. SHAPIRO, ESQ., EBP, CCAL,
IS A PARTNER IN THE LAW FIRM
ALLCOCK AND MARCUS LLC. SHE IS A
FELLOW OF THE CAI COLLEGE OF
COMMUNITY ASSOCIATION LAWYERS
(CCAL) AND HAS EARNED THE CAI EDUCATED BUSINESS
PARTNER (EBP) DISTINCTION.
Condo Media - September 2024

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