2. Suppose

I don't like the rules. Can they be changed? Most rules are easy to accept,

but some may strike a nerve. Such issues as pets, parking spaces, recreational

facilities and subleasing can prove quite controversial. The procedure

for changing the rules should be explained in the governing documents.

A majority vote or, in some cases, a super-majority, will be required.

Changing existing rules is rarely easy. "Attendance is always a problem

at [association] meetings," warns Michael J. Wolfe, president of

Midboro Management, Inc., a residential property management company in

New York City. "There is always a group of people who care and show

up and another group [of people] who do not care and say they are too

busy. A lot of times, there isn't enough attendance at a meeting to change

a rule, even if 100 percent of the attendees [want to change it]."

3. What are

the consequences of breaking a rule? Penalties might include fines, forced

compliance, a lawsuit by the association, the misery of being at odds

with your neighbors and emotional distress. For example, suppose an owner

attempts to sneak a large dog into a condominium unit despite a rule specifying

a maximum weight for pets. He or she might be forced to get rid of the

dog in addition to facing fines and a lawsuit. Read the rules thoroughly

before you buy an association-governed home.

4. What are

the most important provisions in the governing documents? Review the association's

operating budget and make sure the complex isn't losing money. Ask for

copies of any engineering, architectural or structural inspection reports.

Pay attention to provisions governing the election of board members, subleasing

and restrictions on remodeling your own unit.

5. Do I need

an attorney to explain the CC&Rs to me? It's always a good idea to

seek legal counsel if you have questions about the governing documents

or rules. Wolfe suggests reading the documents yourself and preparing

a list of questions, then asking your attorney to interpret anything you

don't understand.

Back

to Real Estate Home Page |