Uniformity Sought With Drapery-Color Rules

QUESTION: My friend and I own units in townhouse complexes that have rules specifying acceptable colors for window coverings; however, no one can tell us the reason for such a rule. Both complexes have assorted buildings set at angles in heavily landscaped grounds.

It takes a real effort to see even three windows at a time, and there is no regulation of the type of covering or whether they have to be open or closed. We understand that this rule is common. What is the purpose, and how far can an association go in regulating what homeowners do inside their units?

ANSWER: The purpose is uniformity. It may seem unnecessary in complexes such as the two you mentioned, but try to imagine what it would look like if residents had purple, red and chartreuse drapes. Most associations require that at least the lining of the window treatments be white so that the appearance is consistent from the outside.

The association usually does not control much within the unit except the outward appearance and factors having to do with health and safety. Your rules do not require that drapes be closed or open.

However, I know of several condominiums with central heating/cooling systems that passed rules during the late 1970s that required that window coverings be closed to aid energy conservation. Closed drapes keep out the hot sun in summer and conserve heat in winter, so there was a valid reason for having the rule when everyone in the condominium shares the cost of heating and cooling.

Nonprofit Group Aids Associations

Q: What is CAI? How can I get more information about it? How can I join?

A: Community Associations Institute, established in 1973, is a national nonprofit organization dedicated to the successful development and operation of community associations through education and research.

The organization includes homeowners, managers, attorneys, real estate professionals, accountants, insurance agents and other professionals who live in or work with condominiums, planned-unit developments, homeowner associations, cooperatives or other forms of community association.

Each local chapter provides publications and educational seminars. CAI chapters in California are: Greater Los Angeles; Channel Islands (Ventura, Santa Barbara and San Luis Obispo areas); Southern Counties (Orange and Riverside Counties, Inland Empire); Coachella Valley (Palm Springs area); San Diego; Bay Area, and Sacramento Valley.

CAI has a California legislative action committee that monitors and disseminates information about proposed legislation that would affect community associations. Consult your local telephone directory and and call the chapter in your area for more information or write to the address printed at the end of this column.

Neighbor Possibly Liable for Damage

Q: On two occasions, pipes have burst in our condominium, causing flooding in my first-floor unit. It was necessary to gain access to the unit above mine to fix the pipes. Both times the owner refused access for three days, which delayed the work and caused further damage. What recourse does the association have when this type of emergency occurs?

A: Your association’s governing documents should clearly state that in an emergency the association or its agent (manager) is granted “right of entry” to perform the necessary repairs. An amendment to your documents may be necessary. Then an uncooperative owner could be held liable for any further damage resulting from the delay. Some condominiums require that a master key or keys for all units be kept in a safe place in the management office for emergency access.

Regarding recourse against the uncooperative owner in the two cases that you cite, contact your attorney, or the board of directors may want to contact the association’s attorney.

Meeting Schedules Found in Bylaws

Q: Our condo hasn’t had an annual general membership meeting for more than 18 months. How often should meetings occur? How and when should board members be elected?

A: You should be able to find the answer in the association bylaws. Usually, the general membership meets annually. Your bylaws may not state a particular month because this may depend on the original sale of a majority of the units.

The bylaws will also tell you about the manner in which owners are to be notified of the meeting, the number of owners needed for a quorum and the procedure for election of officers.

After you have read your bylaws, you will have to consult your association minutes to find out when the last annual meeting occurred. Then you can determine whether your board is lagging in its responsibility to schedule annual meetings in a timely manner.