Board approved changes?

MY condo community exists of 45 cluster style units. Our deed restriction and rules and regs clearly state no alterations to the outside
of any unit w/o prior board approval. All outside fixtures need to be matched to original ones as close as possible.
None of the new replacements are matching due to the 30 yr old age of the originals. No big deal right?
Now the pres. of the board who has been a resident for only 6 mos. has gotten board approval to add a spiral staircase to adjoin
outside decks. This pres. has a personal agenda to make upgrades that change the exterior look of our complex obviously.
Shoulnt the 45 of us decide on such major exterior changes. last week several of us were told to remove our bird feeders due to the mess.
We can't put up flag poles, or walk our dogs off the leash when no ones around, but one new homeowner gets board approval for such a major
exterior change to our bldgs.?Is this fair? Is this legal legal?

This could be a big deal or not. It will depend on who the membership elects and if they have common sense to allow the changes or not.


Depending on how your governing documents are worded, it's typical for the membership to elect Directors then have the Directors appoint individuals willing to serve to the approval committee (typically the architectural committee). If there is no approval committee the Board would typically become the approval authority.

Therefore, your vote for who serves on the Board is your decision on the other items.

If you disagree with a decision of the Association you typically have the following choices:

a) Live with it and complain to your neighbors
b) Volunteer and become part of the decision process by serving on the approval committee
c) Volunteer, gather support, and become elected to the board so you have a say in the decision
d) Gather support and recall the individual or entire board who made the decision
e) Gather support and don't reelect those same individuals when the time comes.
f) Gather support and follow the process to amend the governing documents so the entire membership is required to vote on specific issues.
g) Move

I know that this may have been difficult to read, but that is how the process works within Associations.


Separate issues. You may want to link an approval of one item and the removal of different items together to make a point but they are in fact two different issues and should be treated as such on their own merits.


Fairness depends on the individuals perspective.
Is it fair that only those who are elected get to make the decisions? The answer is, it doesn't matter if it is fair or not. This is the process as outlined within your governing documents and State laws. Therefore, until the governing documents are amended requiring some other process, then this is the process the Board is required to follow.


Typically, what you described is within the law. However, I am not an attorney and I do not work within the legal profession. I also have not read your governing documents to see what the requirements and/or procedures are that must be followed. Nor have I reviewed your applicable State Statutes to see if a State Law may supersede your governing documents.

Therefore, you should do the following in order to make that determination:

Read your Governing Documents:
CC&Rs (also known as deed restrictions or covenants)
Articles of Incorporation (if your Association is incorporated, most are)
Bylaws
Resolutions (rules, regulations and guidelines adopted by the board)
NJ Condominium Law
NJ Nonprofit Corporation Act (if your Association is incorporated as a nonprofit, most are)

If you still have concerns if the Associations actions were legal you should consult a local attorney.

Hope this helps,

Tim