December 2024
Congratulations on moving into your first condominium home. You want to do some renovations, have a pet and celebrate.
You are a homeowner and part of a common-interest community. You received and have agreed to abide by certain laws, regulations and rules that govern your community.
Being literate in your governing documents allows you to avoid many disputes, problems and violations that arise from ignorance, and allows you to avail yourself of protections against infringements of your rights as a homeowner. It is best to read and understand these documents before anything comes up.
When problems arise, the most common response from the condo board and condominium manager is to refer to these documents, and to refer owners to them. Documents are often available electronically to access, print or download.
First-time Condo Owners
Seasoned condo owners keep these documents accessible. First-time condo owners may think their obligation is to pay a monthly fee and that everything is taken care of. They assume management is a landlord that will handle upkeep, repairs, physical structure and financial management. This is not how a common-interest community operates. Owners have a responsibility to maintain, repair and replace what exists in their unit. There is an obligation to participate in the corporation’s governance which can include voting for or serving on the corporation’s board of directors. This body has the legal authority and duty to uphold and enforce provisions in the corporation’s governing documents.
Another misconception of first-time condo owners is that they can do whatever they want in their home. Certain renovations may require authorization of the condo board. There may be a need to access elevators and a loading area. Modifying walls, vents, ducts or pipes may not be allowed. Restrictions on smoking or pets, intended to protect other residents, are common.
Condo Board Authority
Condo boards have limited authority in a common-interest community. They do not have the authority to independently create or change rules, issue fines or evict people from their home. Creation and enforcement of rules must be reasonable. Those governing documents owners should be familiar with provide those who are dissatisfied by how their condo board operates with a way to replace them.
Governing Document Illiteracy
Being unfamiliar with governing documents breeds mistrust. Owners scrutinizing decisions or activities of the board can assume nefarious intentions without realizing that the board is not required to communicate or share information with owners on
most matters. An individual more literate in their governing documents is better able to understand the difference between what should and can be shared with owners.
One of the problems is that governing documents are written in legalese, making them difficult to read for those without a law degree. They were likely drafted by the condo developer without proper consideration for those who would later live in and manage the community. After a number of years, these documents were never updated so they become outdated.
The best boards are familiar with their governing documents and encourage owners to do the same. They operate transparently through meetings, newsletters, technologies, community website and other communications.
Understanding the rights and responsibilities that come with condominium ownership goes a long way to ensuring harmonious community living. Read your governing documents before taking action.
