So is it time to get an attorney?
I live in a condo building that has rules, regs and actual laws we must follow. There are NO exceptions to this unless it is in writing and documented.
Saying this about a year ago one of our homeowners put up a bamboo fence on her second floor balcony and it’s not authorized, docemented or approved anywhere in our docs. I was told by the lady that the old president of the board last year told her not to worry about it. Nobody would care.
1.) her unit faces a neighboring hotel. She claims the bamboo is there for privacy. She also claims it’s there for security as anyone from the second floor can climb over the railing from the cat walk. ( it’s flimsy material and really could n’t act as a barrier.
Our current board has myself and the old president and the new people on it. Part of our jobs is doing monthly walk throughs and this fence issue came up a a rule infraction.
2out of 3 board members said not to inforce the rules to this unit due to the hotel thing.
I was a bit suprised because upon investigation of all or our governing documents nothing giving this fence exemption from anything has been found., anywhere.
I asked if I could get board approval on the same fence and told no by the board majority.
I have my unit facing on the backside of the building and have my neighboring apartments that can look right into my unit too. The privacy isl lacking an would also like the same exact fencing ot be granted to me. Wen I asked why I got a "no"
One member said I had a vendetta against this woman, one said that we have always allowed partitians on the side of the property for years.. ( no docs anywhere )
We also have a rule adopted by the HOA in 2004 that clearly states the only approved fencing on this balcony is a fine mesh wire that can act as a barrier as our metal bars are 10 inches apart and could be dangerous to pets… that is the ONLY approved item. My atty wrote a letter reqesting the same fence 4 me.
The atty is a friend of mine who is doing this for a "freebie" it’s just a letter asking for the same accomodations.. no threats of being sued at this time, just reinforcing that I mean business.
You’ve just stated the exact reason why I don’t like condos.
I would drop it and move on.
November 7th, 2009 at 1:20 pm
You are out-voted… live with it. Don’t waste your time hiring a lawyer. Just accept the votes of your fellow board members.
It doesn’t matter that he’s a friend or would do it pro bono… you need to just relax.
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November 7th, 2009 at 1:50 pm
Sounds to me like you’re living in a prison not a condo. Does this offend you personally because it’s up? It must, because people in the past accepted it so why can’t you. You must be a Democrat and want everyone to be the same.
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November 7th, 2009 at 2:26 pm
You’ve just stated the exact reason why I don’t like condos.
I would drop it and move on.
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November 7th, 2009 at 2:42 pm
Forget about it. How does it affect you anyway? Mind your own business. You need to find something more important to keep you busy.
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November 7th, 2009 at 3:25 pm
Welcome to the wonderful (not!!!) world of home owners’ associations. I would never live anywhere there is a homeowners’ association that can tell me what I can do with my own property. I’ll stay out in the country where we mind our own business and take care of our own property.
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November 7th, 2009 at 3:33 pm
They could use a curtain the same as you. If one can have bamboo, all can have bamboo. It never seems fair when some are allowed to break the rules while others are not.
That being said, if it doesn’t look too bad, I’d let it slide. Don’t rock the boat.
Life is not fair.
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November 7th, 2009 at 3:47 pm
Don’t ask for permission, demand fair treatment. Put up your screen, and wait for the HOA to act. The truth is that they cannot do anything about your screen without also removing the other one.
Sending the attorney letter might be bad, because if they issue a refusal, it may act against you. Better would have been to just do it, and let them take it from there.
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