Condo owner has pet peeve about inaction
Question: Our condo board president wants the corporation to adopt “house rules” in addition to our bylaws.
The bylaws are sufficient, except that the president is slow to take action when pet bylaw infractions are brought to his attention.
The previous board used fines to get the attention of negligent owners and tenants, but the current president does not do so.
He chooses what he wants to do, and our property management company will only act on his instructions.
I have tried to tell the president that no matter what happens with respect to “house rules,” the board has the duty to enforce all bylaws. Is this correct?
Answer: A condominium corporation, through its board, cannot ignore a particular bylaw simply because it does not want to enforce pet provisions.
If the board is aware of a bylaw breach, the board must act. As well, the property management company should be getting its directions from the board through proper board resolutions, not through the president, who has no authority to instruct the property manager to do or not to do something without the board’s approval.
The property management company should remind the board that it is to act through board resolution.
Finally, a current board is not bound by any decision of a previous board.
Helpful hint: Adhering to board governance, and ensuring that the board is acting through proper resolutions, will ensure that issues as to whether or not the corporation had the authority to do something cannot be challenged.
Lawyer Robert Noce.