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The Importance of Rule Enforcement

rulesLet’s say you purchased a unit in a condominium when it was brand new. As with any other condominium, you likely received documents stating the rules and regulations imposed by the association which could restrict the level of customization you’re allowed to do such as restricting decorating or changing the landscaping around your front doors.

As the years go by, your neighbors and board members begin to ignore this rule, customizing their unit to make it uniquely theirs. If the board switches presidents and he or she chooses to begin enforcing this rule by stating that all plants and decorations must be removed unless they were planted by the association, can they legally do this?

Generally the answer is no, they cannot. Since the rule was ignored for an extended amount of time, an association loses its right to enforce it and they cannot simply change their minds. Should the board wish to take additional measures, a meeting must be held and new resolutions must be passed that explicitly inform owners that any future violations moving forward will be addressed. In other words, current decorations can stay provided they meet existing guidelines but any future decorations cannot be added.

This information is provided by Miami bankruptcy lawyer Alonso, Perez & Santos, LLP.  Our areas of practice include bankruptcy, debt harassment, credit card defense, foreclosure defense, immigration law, condominium law, business start-ups, and more.  Call 305-676-7545 to speak with one of our attorneys and receive a free consultation.  We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.