Conscientious Tenant Wants to Find Out What the Rules Are
QUESTION: I rent a townhouse. A neighbor knocked on my door the other day and told me that the beach towels that were drying on my balcony railing were a violation of the association rules and regulations. I asked where I could get a copy of the rules and he rudely told me, “That’s your problem.”
After my neighbor left, I started wondering what other rules I might be violating without knowing it. The landlord is now living in a foreign country and I do not have her address. My rent payments are sent to a bank trustee each month.
How can I find out about the rules and regulations?
ANSWER: Contact one of your friendlier neighbors and give it another try. The other residents should be glad that you are conscientious. Find out who the board members are and ask one of them for a copy of the rules.
There may be a management company that will be able to provide a copy of the rules. If so, the board members could give you a phone number to call. On behalf of your neighbors, thanks for being a responsible resident.
Study All Documents Before Buying Condo
Q: I want to purchase a condominium soon since the real estate market is favorable for buyers right now. I can afford a one-bedroom unit on my own, but I may purchase with a friend so that we can buy a two-bedroom.
What about laundry equipment in the unit and extra storage space? Are these the type of features that will help us when we resell? What other things should we consider?
A: As long as you have a trustworthy friend, go for the unit with as many features and amenities that the two of you can afford. All the things that you mention have a positive effect when it is time to sell. Of course, the most important factor to consider is location.
Don’t fall in love with your dream condo until you have checked out the association’s legal documents and financial statements. Ask for the declaration of covenants, conditions and restrictions (CC&Rs;), the bylaws and the rules and regulations.
Read these documents thoroughly before you even sign a purchase agreement. You don’t want to buy the place, move in with your St. Bernard and then find out that they don’t allow pets.
The financial statement will tell you whether the association has reserve funds set aside for roof repairs and other major maintenance expenses. Ask your real estate agent to find out if the association has had any special assessments recently.
These are fees that are charged in addition to the monthly assessment when the association has not budgeted properly or when unforeseen expenses have occurred. If the real estate agent cannot respond, put your questions in writing and request that the information be obtained from the association.
Was Screen Door Purchase ‘Fishy’?
Q: I live in a 16-unit condominium. The president called a meeting of the owners, the first one in two years. He reported that debts incurred during his tenure caused the need for an increase in the assessments.
At the meeting, someone suggested installing screen doors on the front and back doors of the units. A month later, the president gave a bill for the screen doors to each owner and said that we should pay the bill within two weeks. There were no competitive bids shown. We owners have to install the door ourselves.
Was this done in the right manner, or am I smelling something fishy here?
A: Perhaps you could talk to the other board members to see if they participated in the decision to increase assessments and if they approved the purchase of the screen doors.
Decision-making is often rather loose in a small association, but the president should be able to give you some further information to show why the increase is necessary.
How do expenses compare with the budget? Has a new budget been prepared based on the increased assessment or is the president just telling everyone how much they have to pay? How long has it been since the last increase?
Are all the owners paying their assessment or is the shortfall caused by delinquencies that the board should be collecting? These are some of the questions I would ask.
In my opinion, the screen door matter was not handled properly. You have a right to question the president’s methods. Bear in mind that this could escalate into a confrontation resulting in long-lasting resentment. Before you take further action, you may want to talk to your neighbors to learn if they are concerned about this, too.
Perhaps, after careful consideration and conversations with your neighbors, you will decide to discuss the president’s actions with him and the other board members.
If your sense of “something fishy” results in the ultimate decision that a change in board members is needed, find out when the next annual meeting is scheduled and start looking for good candidates for the board. Here is another important question for you to ponder: Are you willing to serve on the board?
