Condo Assoc Motion

Started by SusanG11 • 5 replies • 507 views

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SusanG11 (Massachusetts)
Posts: 18

Posted:

GOod morning All. This has probably been answered, but I don't see a way to search the topics... Is a simple motion - with nothing ammended in the condo docs - legally enforceable? I don't think so. For example, one owner wants another owner to pay for her own landscaping water usage (only one unit has land). So he is proposing an amendment that our Assoc "will not pay for any water used for irrigation". He's trying to force her to figure out her own water supply. But, that can't ever be enforced without amending our documents, correct?

SheliaH (Indiana)
Posts: 6,964

Posted:

Does the association assessments pay for everyone's water? If so you need to find out what it'll take to put everyone on a separate meter. Reconfiguring the plumbing may cost a lot of money and you may need a special assessment to pay for it (which probably requires homeowner approval - check your documents).

Then you may need to amend the documents to address the common lines that run through the building (more homeowner approval required)

That would be the best way to solve the problem - otherwise, the board can't dictate his people use water when it comes to their unit. That said, you don't say how large this patch of land is - there are several products that help gardeners save water (I live in a townhouse and I have a container garden). Tell this owner to do some googling of visit a garden store to do some research and pass along the information to her. Otherwise be can do the research on getting separate water meters and present it to the board and the rest of the neighbors.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By SusanG11 on 02/02/2020 6:39 AM
Is a simple motion - with nothing ammended in the condo docs - legally enforceable? I don't think so. For example, one owner wants another owner to pay for her own landscaping water usage (only one unit has land). So he is proposing an amendment that our Assoc "will not pay for any water used for irrigation". He's trying to force her to figure out her own water supply. But, that can't ever be enforced without amending our documents, correct?

You are correct that a motion is not sufficient. The amendment process must be followed. The latter includes proper recording of the amendment. An attorney should be involved to complete this.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm assuming these are condos since you say only one unit has land.

Is this land owned by the unit owner instead of the association? If so, it's likely that her unit has a higher par value than the others and should be assessed at a higher rate than the others - and you can make a good argument that she is already paying for her additional water use. Is that happening, or is the unit owner paying the same as everyone else?

My community pays for water out of our monthly assessments, and our Declaration contains a statement that paying for utilities with assessments may provide an unfair advantage for some owners and an unfair disadvantage for others. We also looked into modifying the plumbing in condo buildings so that unit owners could be billed separately for water, but it was cost prohibitive.

SamE2 (New Jersey)
Posts: 310

Posted:

You say condo assoc motion. My understanding is in a condo you own air space and the HOA owns the land. Does the unit owner really own the land? Maybe the HOA should be paying for the landscaping also.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By SamE2 on 02/04/2020 5:24 AM
You say condo assoc motion. My understanding is in a condo you own air space and the HOA owns the land. Does the unit owner really own the land? Maybe the HOA should be paying for the landscaping also.

I agree that the original description was confusing. If the land does belong to the HOA and the one owner is taking care of the landscaping, everyone should say "thank you very much" for saving them the money that would be needed to pay a landscaping crew and quit complaining about water use.

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