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Re: Condo Board or Management decision?
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I'm in the Heights and have served on our condo board since 2009. We have 28 homeowners. Our master deed and bylaws dictate that the board has a responsibility to establish protocols and related fees (if any) for moving in or out.

If you set a policy and do not enforce it --- or do so in an irregular manner --- there are liabilities you create including, but not limited to, the perceived creation of a "class" within the HOA, as well as the impact on quality of life, the risk of property damage and the erosion (perceived or real) of property value.

Our particular building is self-managed after many years of paying a management company with the anticipation that they would handle the easy and heavy lifting. The reality is that the board must remain involved in all of the issues, especially with issues requiring enforcement. It sends a message that you're paying attention. It also allows you to monitor and adjust your agenda to incorporate new issues. Precedent is very important.

Historically, we had the same issues with moving. There was no formal policy in our House Rules so we used our agenda to review policies of other HOAs and developed criteria to meet our needs. This involved (a) requiring advance notice of move in or out; (b) setting fees for moving, with higher fees applying to days with higher occupancy (to protect quality of life); and (c) setting a high fee for violation of the policy. Separate but related, any owner who sublets is required to share a copy of our House Rules with the tenant and to confirm via email that they've shared the Rules and their tenant will comply or risk fees being applied to the owner's statement. Each renewal of the House Rules is also door-dropped where tenants reside and the cover memo clearly states that they apply to all residents.

I hope this helps and am happy to share a copy of our policy if that would help. Email me at lcospito@gmail.com if interested.

Posted on: 2015/8/19 19:15
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Re: Condo Board or Management decision?
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I am on my condo board as well. While it's attractive for the board members to take the road that they should leave it in the hands of the property manager because that is their job I have found that in practice this tactic fails. It fails primarily because the property manager simply does not have the passion to treat the problem with the required tenacity. It has been my experience that it requires the board members to step up and address the issue proactively themselves. Like the old saying goes - if you want something done right you have to do it yourself. Unless you want to settle for it being done in a half-assed manner which is a valid option as well.

Posted on: 2015/8/19 16:36
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Condo Board or Management decision?
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This request for advice goes out to anyone who is/was on their condo board. I'm on mine - a 50+ unit property - and we hired a new management company a few years ago to try to get a handle on the situation left by the previous management/majority shareholder.

One of our biggest issues is dealing with the investor owners, who routinely ignore the Association's rules about move in/out notification, fees, and whose renters are basically trashing the place. Occasionally, our property manager catches a new rental tenant in the act of breaking the rules, and takes action on the unit owner - sometimes resulting in the unit owner pleading their case to the board members directly.

I'm hoping to hear from fellow condo board members (past and present) what they suggest we do - intervene, or leave it to the management to take a strong stance enforcing fines, etc. Thanks!

Posted on: 2015/8/19 15:00
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