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JudieA1 (Washington)
Posts: 28
Posted:
We have a new President and are already having problems. He's extrememly arrogant and doesn't seem to understand that it's his job to enforce the Rules. He's very unapproachable. We only have 19 parking spaces for 10 units. Fortunately, not all of us have 2 cars. Our CCRs say we have 1 assigned undercover parking and 1 outside - first come first served - but ours. Since we all don't have 2 cars, it has been great for having a space for visitors. Our CCRs also say we are only allowed 2 cars per unit. One of the owners just moved out and rented his unit to 3 girls with 3 cars. We had made it a rule that anyone renting would have to get a property manager and at a professional firm. We are self managed here since it's so small. The president allowed the 3rd car and even the property manager allowed it without saying anything at all. By the way, she lives here and is good friends with the owner of the rental. All this was done without letting the rest of the homeowners know. As if it wasn't bad enough having an extra car in our already cramped space, the girls have guests (many times overnight) park in our extra spaces nearly every day. The president is clearly letting this go and he has no plans to fix it. Unfortunately, the "property manager for that unit" is also thinking about moving and renting their place out. Since they got away with 3 cars already, we are afraid that they will want to do the same since they have the largest condo here with 3 bedrooms. It isn't just this - the new pres isn't doing anything. Lights are out, people are starting to leave their garbage outside their unit door, etc. There's no consequences so they don't care. I know we could vote him out, but I don't think we have enough votes. The people who are getting away with all these violations are quite happy about it. And there's only 10 of us. We only have the President and the Vice President as Board Members so it's impossible to change his vote. The VP has put in writing her disapproval of the parking situation but it's her vote against his. My only question is - can anything be done to make a board member enforce the CCRs. It states in our Declarations that the President MUST enforce the CCRs, Rules and Regs and maintain the property. It doesn't say he can do it for one but not another. That's really all I want to know. If one more person uses 3 spaces here, I'm afraid I won't be able to sell my condo. Thanks! I'm in the state of Washington. I can't afford a lawyer, but I'm hoping someone out there will know a state law or something to help us out.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JudieA1 on 11/27/2012 7:49 PM
We have a new President and are already having problems. He's extrememly arrogant and doesn't seem to understand that it's his job to enforce the Rules. He's very unapproachable.

And yet he was elected to the Board by the membership.
Perhaps they were elected because no one else would run.

Quote:
Posted By JudieA1 on 11/27/2012 7:49 PM
We only have the President and the Vice President as Board Members so it's impossible to change his vote.

Is this because these are the only two who would run and serve on the Board or because the governing documents only call for two directors?

If it's because no one else would run, then the solution is simple, offer to serve on the board and be appointed to the empty seat.

If it's because the governing documents only call for two directors, then gather support, call a meeting and change the documents to require 3 directors.

By the way, if a proposal is made and the vote is tied, the proposal fails to pass.

Quote:
Posted By JudieA1 on 11/27/2012 7:49 PM
The VP has put in writing her disapproval of the parking situation but it's her vote against his. (We only have 19 parking spaces for 10 units. Fortunately, not all of us have 2 cars. Our CCRs say we have 1 assigned undercover parking and 1 outside - first come first served - but ours.)

Well, since there are not enough spots to assign exclusive use of two spots to every unit, then assigning one and having the others on a first come first served basis seems fair.

Are you saying that your assigned space is being used by others or that one of the unassigned spaces that you had been using is now being used?

Quote:
Posted By JudieA1 on 11/27/2012 7:49 PM

My only question is - can anything be done to make a board member enforce the CCRs.

Gather support and recall the entire Board or the one director you believe is the issue.
Don't reelect them at the next election.
Offer to serve and be the enforcement arm of the Association.

Quote:
Posted By JudieA1 on 11/27/2012 7:49 PM

It states in our Declarations that the President MUST enforce the CCRs, Rules and Regs and maintain the property.

Could you provide that specific language? I ask, because I've never seen such language in governing documents.

Typically the governing documents authorize the members and the Board to enforce the covenants. The choice to exercise that authority is left to the Board and to each member.

Hope this helps,

Tim

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