Understanding Enforcement Actions
It’s important to remember that the Unit Owners have voluntarily chosen to live in a condominium community which is governed by a collective set of Rules and Regulations and Condominium documents. The Unit Owners are aware of this when they decide to live in the community. They have the opportunity to vote and run for the governing Board of Trustees, which are elected positions. Unfortunately, there are non-compliant Unit Owners (and in some cases their tenants) who are unhappy when they are held accountable to the Association for their noncompliance. However, like all Unit Owners, they voluntarily chose to live in the community and must abide by the Rules and Regulations.
Liberty Commons Condominium Trust, like all other Associations, has Condominium documents, each with a specific purpose:
- Master Deed establishes the Association as nonprofit organization, the name, location, and its purpose and other important descriptions of ownership and rights.
- Declaration of Trust and Bylaws sets up the general structure of the development and describing what land is subject to the governing documents, as well as what parts of the development are common areas owned by the Association, and how the Association is run, set out voting rights and procedures, and contain rules for such things as how to call a meeting and how often meetings must be held.
- Rules and Regulations are initially established by the Declarant (the Developer) and then the Board of Trustees have wide discretion to adopt rules and regulations (provided they do not violate any state or federal law and do not conflict with the terms of the Master Deed or Declaration of Trust and Bylaws).
- Policies and Procedures
When there is a violation of these Condominium documents, Liberty Commons’ Board of Trustees (and/or Managing Agent on behalf of the Board) have a fiduciary obligation to enforce the Condominium documents. Liberty Commons sends written notices of warning/fine, fine, restoration, or other communications that may be required for the situation. These are detailed communications that contain a description of the violation, the corrective action that needs to be taken to address the violation, a timeframe to address the violation, and a lot of other detailed information. These notices are time sensitive and the Unit Owner should take immediate action to correct any noncompliance that may have been reported or discovered during a site audit of the property that are routinely conducted. Failure to comply with the Condominium documents can result in daily fines until full compliance is achieved and verified.
Unfortunately, there are those among us who think that the Rules and Regulations do not apply to them. These are the Units that typically receive daily fines and can be habitual offenders. Daily fines can add up quickly into hundreds or thousands of dollars, so it is important to correct any violation immediately. These are the few individuals who complain, whine, and say that they are being harassed, bullied, and people have a bias against them. These few individuals like to play the victim, rather than take responsible to their obligations. This is not unique to Liberty Commons, as these individuals are in every aspect of society and these individuals will complain to anyone who will listen to them about how wronged they were. Most intelligent people when presented with the actual facts, quickly see right through the nonsense and see that person for who they truly are.
All funds received by the Association are used for the benefit of the Association as provided by the Condominium documents. The Board both collects and distributes all funds1 solely for the betterment of the Association.
1 The Board of Trustees can and has delegated the collection of funds to Liberty Commons’ Managing Agent and there is no distribution of funds without prior authorization of a majority of the Board of Trustees. It is important to note that per the Condominium documents, the Trustees are unpaid volunteers. Any funds collected and/or distributed are by Liberty Commons’ Managing Agent under the authorization of the Board. The Board has no direct access to any monies and does not actually write the checks. The Board of Trustees in majority approve all expenditures and authorizes all payments that are issued and recorded by Liberty Commons’ Managing Agent through an audit controlled procedure.