Friday, October 10, 2008

Think hard before changing the bylaws

There have been two changes to Southampton bylaws, and the results are not positive.

The first changed the bylaw limiting residents to one small cat or dog to any number of pets of any size — provided they did not disturb others. Lately, there has been an attempt to enforce the old bylaw. Of course this cannot be done without another bylaw change.

The second change had to do with the patios on lower units, and steps to upper units, which used to be the responsibility of individual unit owners (or both when shared). The Board had the authority to bill unit owners and perform the work if the unit owner did not.

Under the new bylaw the patios and stairs became the responsibility of the Association, but little or no consideration was given to what this would cost. The result: deferred maintenance, plundering from other budget items, and a condominium not as well maintained as it used to be.

The second change in bylaw was done in violation of the Virginia Condominium Act § 55-79.71.E which requires that "100 percent of the unit owners" agree to changing "the liability for common expenses".

Now it appears that more bylaw changes have been proposed. Of course, the Association's attorney would like to change the bylaws — it adds to his billings.

1 comment:

Moderator said...

Re: "Hello, I am so glad I found this blog- We are in contract to buy a unit at SH, and are in the process of reviewing documents. Who would I ask for the most current version of the bylaws? It seems we have the old (undated) version with the patios being the owner's responsibility, and pets being allowed if they are "small". CMS is not much help, as no one answers their phone.... ever. Thank you in advance!"

Give me a call on 703-521-0850, and I'll try to help you out. sh22202 moderator