Rule Violations

Oftentimes the procedure for dealing with violations of association bylaws or rules are set forth in the condominium documents. Therefore, to the extent required, we follow the procedures set forth in the documents.

From a practical perspective, after reviewing the rules and procedures for violations of those rules, we typically do the following:

1. Investigate the alleged violation. Try to gather enough facts to determine if a rule or bylaw has been violated.

2. Assuming the documents are silent as to the next step, we would typically consult the Board to determine how violations have been handled in the past and whether those procedures were successful in curbing future violations.

3. In addition to consulting the Board of Directors, we would recommend that the Association adopt a procedure for dealing with alleged violations. We have done so in the past and in each circumstance we have recommended that there be some sort of appeal procedure to ensure fairness to the alleged offender.

4. If a Unit Owner constantly makes false accusations, we will usually sit down with that Unit Owner for a friendly discussion and remind them of the story of the "Boy Who Cried Wolf". We are always respectful but remind the Unit Owner that in a common interest community it is essential to look for commonalities rather than differences.

 Apart from the steps above, we understand that part of the role of a property manager is to be an arbiter or sounding board for frustrated Unit Owners and to simply be respectful and listen.

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