A Change in Rules

Hi Everyone,

I moved into my condo 18 months ago. Since then, the HOA has hired a different management company and they are coming down on violations. I recently received notice that I need to paint my white security door to black. The HOA's rules and regulations only address the condition of the security door, not the color. I responded to the management company asking them for a copy of the change in rules concerning the color-change and they are unable to provide me anything. They say the previous management company kept terrible records and they are unable to find it.

My question: Can the management company or board members force someone to comply with a rule when there's no supporting documentation?

Thanks for the advice...

Scott

First off, good job for asking them for clarification and information.

Second, can they? THey can try, and it can become costly, ugly and divisive. However, before it gets there, keep following your path. Ask, nicely, for the rule to be shown. "we lost it" is not an excuse. Read your by-laws, so you know whether the rule was properly made, for example (ie, does the board have the power to make a rule, expand a rule, or interpret a rule... 3 different things), and make sure, when they DO come up with the rule, that they did it per the by-law.

Stay calm, ask for documentation. Practice the following statement "Thank you for bringing that to my attention. I fully intend to comply with the legal and proper rules and regulations of my HOA, all I ask is that you help me better understand this aspect... Can you explain to me X..."

Scott,

In the HOA's or condo associations I have been involved with it has been customary to supply a copy of the rule or CCR paragraph describing the requirement along with the violation notice. That way there is no misunderstanding as to what is required.

The rule which you are alleged to have violated should exist in writing somewhere.

A large portion, probably 30 percent, have white security doors. The previous management company gave me the 'okay' to purchase a white one, but unfortunately I don't have that in writing.

If that is the case, then I think the HOA should spring for the painting which is not going to be fun.

I've had both colors and I can tell you, white is not has hot to touch.

I'm with Brian. Be polite. As for the rules in writing because rules have to be in writing, they have to be reasonable and they have to be properly approved and voted on.