Condominium Commitments

Most of the columns to date have been about the duties of the Board of Directors, such as holding proper meetings, sending out notices, handling maintenance issues and the like. But often overlooked are the duties of the non-Board member Owners. Too often, especially in Associations where there is a large number of absentee owners, i.e. investors, the duty of owners is overlooked. And too often, people think that because they pay a condominium fee they now have a system of vassals and serfs who will do all of their bidding for them. Nothing could be further from the truth, and these Owners confuse condominium life with slavery. So here are the duties of all owners, Board members or not.

Read. Read your Declaration, Bylaws and Rules. These documents are part of the contract (along with the floor plans and site plans) or your association. You are bound by them, even if you never read them, so best to read them and have a general idea of what is in them. You wouldn't buy a life insurance policy without knowing the basic terms of it, and you would buy a house without knowing the terms of the mortgage. Condo life is no different.

No one is asking you to be a lawyer. (Please. We have enough lawyers, so we certainly don't need lawyer-wanna-bes.) But you should have a general familiarity with the boundaries of your Units and the rules of the Association such as with regard to pets and parking.

Ownership. Send a copy of your Deed to the Association. It will let them know who the actual Owner is. You'd be surprised how rarely this is done, and how important it is. Just this past week, after having a title search done, I discovered, in a collection case, that there was a second owner who had no idea the owner to whom the delinquencies had been sent had not been paying the condominium fees … with no mortgage on the Unit. I suspect the Association will quickly be paid.

Follow the law. If you don't like a rule, that doesn't give you the right to disobey it. Park where you are supposed to. Don't have a St. Bernard if there is a weight limit of 35 pounds for dogs. Set an example for others. (And make sure your family and guests abide by the rules as well.) If you don't like a rule or provision of the Declaration or Bylaws, go to a Board meeting, explain why, and work with the Board to change it.

If you don't want to follow the rules, that's okay, but then don't complain when you get fined. And don't forget. If you really don't like to follow the rules, you should be living on two acres in the woods by yourself, and not in a condominium association.

Attend Meetings. Learn what the Board members do and how much time they put into your association on a volunteer basis. If you have a soul, your future complaints will be tempered somewhat after seeing what they do. For nothing.

Provide contact Information. Let the Board know your home phone number, your cell phone, your address (if you live off site), and your email address. The Board and management company need this information for emergencies and to send notice of meetings and other events.

Clean. Sweep your steps and landing. Pick up bicycles and recyclables that are on you patio deck and lawn. Show some pride. It's important. Being a slob decreases the value of your home and the neighboring units as well.

Be Respectful. Learn how to agreeably disagree, both with neighbors and with Board members. They are all homeowners, just like you. Communicate in constructive, civil ways. When you write emails or send text, type as if the person is right in front of you.

Pay. Your Association is a not-for-profit Association. It has to pay its bills and has no extra room to carry someone who can't be bothered to pay their condo fees. You wouldn't like it if your boss was ten, twenty or thirty days late in paying you.