Association says by-laws are just paper - legally unenforcable

[giralready]

What is the name of your state? ohio

The association say that they can't actually enforce anything in our bylaws, rules & regulations, that they are just paper. An example is the association has not received tenant paperwork from a landlord which it has to be filed yearly with the association. This is one of many rules/regulations that this particular person (and there are other witnesses) has violated but they refuse to do anything about it. I own my condo and have never done anything but yet see the same people getting away with violating and disrupting the peace or destroying property that will be fixed with my association monies. I don't get why they can't do anything basing it on the fact "it's only paper" - they can't do anything. Isn't that what these bylaws are for??? guidance and enforcement?

 

[nanaII]

Of course the rules & regs should be enforced by the Board. That's what they are in place for. It sounds like your Board is too lazy (or afraid of repercussions) to enforce them.

 

[giralready]

The HOA are definately afraid of enforcement. They have these high priced cono special attorneys that tell them you have to have a picture, then the picture had to be dated, then there has to be more than one complaint. We've had our US Mail rearranged by this person, we've had flowers pulled up, animals teased thru our doors/windows etc... But they have sent out letters on other issues that are less important. It just blew my mind that they are saying the bylaws etc.. are invalid.

Guess I can go get a horse and park it in the backyard and make my patio into a stall.

 

[wannabe]

Check your CCR&Rs for removal of Board members. Also, check for rules on how to call a meeting of the owners. Then round up the necessary signatures and go for it!!!

 

[giralready]

that's the problem, no one wants to be on the board etc... I'm actually on it, (trustee) I will commend them that they have brought the place out of the red, it's just these condo attorneys that they use basically have made them so afraid to act on anything.

I'm debating about actually selling and moving which I'll take a loss or fighting my neighbor in court to resolve my issue with them. I have enough documentation, police reports etc...that I'm pretty sure I can succeed. I just want to live in peace but I feel the association has a responsibility for the stuff that is happening on the outside and they've heard about it from 2 other people.

I don't think I will ever recommend or live in a condo again, it's no better than living in an apartment.