What is the name of your state? NJ
I am in a 6-unit new condo at a beach resort. Association was turned over from the Developer to the Owners in the fall. In the condo docs, there is no official "Rules and Regulations" document, although the Bylaws do give the Board the power to create them. I volunteered to create the R&R document, using the existing "Limitations on Use of Unit and Common Elements" in the Bylaws as the foundation, then adding the typical stuff like no hanging towels on the railings, etc.
At our next meeting, I had been planning on reviewing the draft of the R&Rs, plus deciding what our process would be for handling violations. The problem is, I do not see a process defined in the condo docs for enforcement.
The Master Deed says (paraphrasing) "Each Owner shall comply....failure to comply shall be grounds for an action to recover sums due for damages and for legal costs and expenses".
The Bylaws state that (paraphrasing) "The Association may use the following methods of enforcement to cause certain things to be done or undone [sic], restoring the Assoc to its original position and charging offending party for the cost, or taking any other action before Court as may be provided by law."
There's no other language regarding enforcement or compliance. The above wording does not seem to give the Assoc the power to impose fines for violations. There's nothing about the notification process or penalties for non-compliance. At my previous condo (also in NJ), that was all spelled out in the Master Deed. It seems that the wording here is vague and only gives us the power to "cause things to be done or undone" or basically take them to court.
What do you think? Oh, also, I tried to check the NJ Condominium Act to see if those powers are granted by state law, but I can't find a copy of the complete act -- only sections of it. Thanks for any help or suggestions.What is the name of your state?
I am in a 6-unit new condo at a beach resort. Association was turned over from the Developer to the Owners in the fall. In the condo docs, there is no official "Rules and Regulations" document, although the Bylaws do give the Board the power to create them. I volunteered to create the R&R document, using the existing "Limitations on Use of Unit and Common Elements" in the Bylaws as the foundation, then adding the typical stuff like no hanging towels on the railings, etc.
At our next meeting, I had been planning on reviewing the draft of the R&Rs, plus deciding what our process would be for handling violations. The problem is, I do not see a process defined in the condo docs for enforcement.
The Master Deed says (paraphrasing) "Each Owner shall comply....failure to comply shall be grounds for an action to recover sums due for damages and for legal costs and expenses".
The Bylaws state that (paraphrasing) "The Association may use the following methods of enforcement to cause certain things to be done or undone [sic], restoring the Assoc to its original position and charging offending party for the cost, or taking any other action before Court as may be provided by law."
There's no other language regarding enforcement or compliance. The above wording does not seem to give the Assoc the power to impose fines for violations. There's nothing about the notification process or penalties for non-compliance. At my previous condo (also in NJ), that was all spelled out in the Master Deed. It seems that the wording here is vague and only gives us the power to "cause things to be done or undone" or basically take them to court.
What do you think? Oh, also, I tried to check the NJ Condominium Act to see if those powers are granted by state law, but I can't find a copy of the complete act -- only sections of it. Thanks for any help or suggestions.What is the name of your state?