If the Board makes changes to the rules they are obligated to send those revisions out to the unit owners along with a meeting where owners can have an opportunity to comment.

Hope this helps,
Chris

I’m not an attorney, so don’t take this as legal advice, but as many of us hear, in America you can sue for just about anything and it’s fairly simple to drag someone, including a condominium association, into small claims. So the answer to your question, I would think, is Yes, an owner can sue an association in small claims. Whether it would be worth it is a whole other questio. As a manager, I would say litigation should always be a last resort.

Of the two examples you listed, the minutes are of more importance than the pool since they are the record of actions taken by the Board of Directors as they guide the Association. When a Secretary fails to keep minutes and/or provide them upon a written request it is a major failing of their duties as a member of the board. However, don’t forget when you sue the Board, you’re in essence suing yourself. You might be better off getting on the Board and effecting change in a more positive way!

Good luck.

Failure to open our swimmimg pool on time due to not finishing requierd health dept inspection findings. Example: Fence surrounding pool was damaged in Spring storm last year and not repaired as of this writing. Health dept will not allow pool to be opened.

Thanks Tommy Newington.

Unfortunately, your question is a legal one and I would suggest you seek an opinion of a professional in that field to deal directly with your issue. However, I do have an opinion, keeping in mind your question is difficult to answer without seeing your community’s articles of incorporation. Generally speaking, Public Act No. 09-225 which seeks to amend the Common Interest Ownership Act, will apply to common interest communities created on or after January 1, 1984. Portions of the amendment also apply to communities created before this date. Just as the current Common Interest Ownership Act applies to all common interest communities (created after 1984) by default, so too will the amendment. That is to say, even if your bylaws or declaration say one thing, the amendment will supersede it and you cannot opt out of the amendment if you are a common interest community. As a manager of numerous communities, I see first hand how the amendment will be a challenge for some communities to initially comply with, but also understand how these changes will benefit those same communities.

However, since this amendment is the first major changes since 1984, I would highly recommend checking with the Association’s attorney for some sound legal advice because there may in fact be options for your community.

Good luck and thanks for your interest. Keep us updated.

~
Chris Myers
Property Manager
Northeast Property Group