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DavidB35 (Texas)
Posts: 19
Posted:
In our complex there are no tv dish allowed on common property.
There are several that our new management company has sent violation letters to.
The owners have refused to comply.
Our new management co says we cannot remove the tv dish and store them, passing on the cost to the violating owner because we do not have a 'force maintenance' clause in our bylaws.
It was our lawyer who suggested the removal/storage/owner responsibility for costs.
Where do we stand? The bylaws state no dish/tv antenna may be on common property and must only be on owners porch.
Thank you.
DavidB35 (Texas)
Posts: 19
Posted:
The subject should say 'this', not 'his' . I am having a difficult time seeing today. I apologize.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I think, David, that your MC means "enforcement clause." Ours is in our CC&Rs and states that the Association should enforce its governing documents and rules.

Depending on how they're written, even homeowners who aren't on the Board can seek to enforce their documents & rules. If your rules say that no personal property may be kept in your common areas then they can be removed.

If your HOA attorney's opinion is in writing, you can enforce this rule. I'd take the attorney's advice as s/he's a legal expert, not your MC.

But others may reply who know this type of clause better than I.

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