The Condominium Owner's Bill of Rights

A column or two ago, I took a look at how Owners should behave in a condominium association. It's equally important Owners know their rights.

• Freedom of Religion - You certainly have the right to practice whatever religion you wish. Just do so quietly, so as not to disturb neighbors, but this does not mean you get to fly a religious flag outside your door anymore than your neighbor gets to fly a Nazi flag outside their door.

• Freedom of Speech - You have the right to say what you want. But if it's loud, obnoxious or a nuisance, your neighbors have just as much a right not to have to put up with boorish behavior, and the Board of Director can fine you.

• Freedom of Press - You have the right to communicate with your fellow owners. You can even ask for the address of each Owner. The Board of Directors has the right to sanction you if the communication is inappropriate and to stop further communication.

• Right to Peaceful Assembly - The Common Area is just that, common to all. You can go anywhere on the Common Area, talk to people, hang out with friends, so long a you are not creating a problem.

• Right (sort of) to Bear Arms - The right to carry or discharge a gun on an association's common areas has not been held to be a "fundamental" constitutional right. Courts have ruled, because you live in Condo World, not the rest of the world, community association can pass restrictions designed to promote the health, happiness and peace of mind of the unit owners. For more information, see this column: http://www.seacoastonline.com/news/20170106/open-carry-at-condo

• The Right Against Unreasonable Searches and Seizures, aka the right not to have the Board enter your Unit without your permission. Okay, this is not a right. The Condominium Act allows Board members and their agents to enter any Unit upon reasonable notice to the Owner … or without notice if it's an emergency.

• Right to Protection of Life, Liberty and Property. You can't be sanctioned by the Association without a right to appeal and be heard.

• Other Rights of the People. If there is no prohibition against what you are doing in the Declaration, Bylaws or Rules and Regulations, you can do it.

And because you live in or own a condominium there are more rights.

• The Right to participate in governing the association by attending meetings, serving on committees and running for election.

• The Right to access association books and records, within reason and not simply to become a pest.

• The right to ensure prudent spending of your money. Ask questions about the budget. Make sure you know where your condominium fees are being spent and why.

• The Right to have a reserve account properly funded by developing a reserve study to make sure there are little or no special assessments.

• The Right to live in a nice community. Make sure it looks nice. If the parking lot has potholes , bring it up. If the building has rot on it, bring it up. If the paint is peeling, bring it up. The whole goal of the Board is to maintain and increase the value of the Units. It's not to keep the condominium fees low. The more you spend on better food, the better your health. Same principle.

• The Right to fair treatment. Appeal bad decisions. Remove rogue Board members. Call special meetings.

• Right to a responsive and competent Board.

• The right to a timely response to valid inquiries.

• The right to proper notice of meetings. Owners have to be notified of every Board meeting at least ten days before the meeting, even if it is a closed meeting and owners are not allowed to attend.

• The Right to have (at least) quarterly open Board meetings at which they are entitled to a reasonable period of time to participate.

You may want to print this out and post it on your refrigerator right next to the real Bill of Rights.