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Note to Owners: Respect Your Dec PDF Print E-mail

Condo living is a unique form of community living. When you purchase a condo unit, you make a legal agreement to abide by the rules established in the Association’s Declaration & By-Laws.  It’s a good idea, therefore, to know exactly what you are agreeing to…

First things first:  Read your Association’s Declaration & By-Laws!

Every owner owes their neighbors & the Board the courtesy of reading the documents to which they are now legally bound.  These documents establish how the Association is to function.  They define the property itself and distinguish between the individually owned space and the commonly owned space.  They describe the means by which the Board is to be elected and the Board’s responsibilities. They also spell out explicitly what owners can and cannot do in the areas of the property that exist outside of the walls of their individual units.  Finally, they outline the remedies available to the Board when an owner violates any of the contractual agreements contained in the governing documents.  

The Declaration & By-Laws can be substantial, threatening documents, filled with legal language.  However, it’s not important to understand everything contained in the documents.  Owners should pay special attention to the following sections, as they will help you to be good neighbors and avoid fines or legal action by the Association:

  • Use of Units & Common Elements
  • Description of Common Elements & Limited Common Elements
  • Sale or Lease of a Unit
  • Negligence of Owner
  • Determination of Board to Be Binding
  • General Powers of the Board
  • Assessments
  • Covenants & Restrictions as to Use & Occupancy

 

Most importantly, take note of the following, which appears in every Association Declaration & By-Laws in some form:

“No noxious or offensive activity shall be carried on in any Unit, in the Common Elements, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other Unit Owners or Occupants.”

This paragraph really boils condo living down to its essence.   You are living in a shared space with other owners; don’t do anything to create a problem for them.    

Secondly:  Abide by your Declaration & By-Laws!  (Or suffer the consequences…)

If each owner simply abides by the governing documents, condominium living truly becomes a great way to live.  You receive the benefit of home ownership without the cost and hassle of a single family home.   There are neighbors close by who can take in your mail & water your plants when you’re away.  You can paint your walls and change your cabinets.  You might even find a neighbor to officiate at your wedding (which I how I became Mrs. Peddinghaus)!  And in the end, you may even make a few bucks when you decide to sell.

Owner conflicts are often the result of disagreements about common areas, money or decisions the Board has made.  The governing documents are usually very clear about the use and maintenance of common areas, the financial responsibilities of each owner and of the Board, and the authority of the Board to make decisions for the Association.  It a disagreement arises, the best bet for both owners & Board members is to consult the Declaration & By-Laws.  A lawyer may be required to clear up any legal language or ambiguity, but in the end every member in the Association is bound to adhere to the governing documents.

Successful condominium living is dependent on the owners’ willingness to read and abide by the Declaration & By-Laws.  When it comes to condominium living, it doesn’t matter what any individual unit owner wants or needs—the Association is king, and the Declaration & By-Laws rule! 

 

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