Condo Media - May 2017 - 48

The Region

RHODE ISLAND

It's Not All About You

There is no "I" in Team, and There is No "Me" in Condominium
[by Mary Joy Howes, Esq.]

The executive board at a condominium association in Providence,
R.I., decided to remove the community picnic tables that had been on
the common area for the past five to 10
years. The tables were not used much,
had begun to get worn and unsightly, and
management was having a tough time
keeping up with the pigeons that used
them as target practice. The board made
a decision that they were not worth the
cost or trouble and had them removed.
A few weeks later, Ms. Erble, a very vocal
yet non-participatory unit owner, sent a
threatening letter to the board. Ms. Erble's
letter stated that she regularly sat at the
picnic tables, and that the board had no
right to remove her tables. According to the
letter, Ms. Erble had a right to have picnic
tables in the common area, and if they
were not replaced within the week, she
would file a lawsuit against the board.
Scenarios like the one above happen
all of the time. Unit owners often believe that they have the right to dictate
what occurs on the common property
based on their individual desires and
preferences. What many unit owners
fail to understand is the meaning behind the word "common"-and what it
means to live in a community.
In Star Trek II: The Wrath of Khan,
Spock says, "Logic clearly dictates that the
needs of the many outweigh the needs of
the few," to which Captain Kirk replies, "or
the one." Spock's statement is based on the
theory of utilitarianism, which states that
actions should be predicated based on the
result that will serve the greatest good for
the greatest number of people. Spock can
teach us a lot about condominiums.
THE GOVERNMENT OF CONDOS
A condominium is like a mini government.
There are "state laws" (the statute) and

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CONDOMEDIA

"local ordinances" (the declaration, which
includes the rules and regulations) to follow. This democratic process represents
a forum where, while all can participate
and have a say, the majority will rule. The
personal preferences of the individual do
not have much place in a condominium
setting. While this may seem draconian,
it's a necessary evil of maintaining order
and uniformity in a condominium setting.
The declaration and the Rhode Island
Condominium Act anticipate the reality
that strangers cannot live together without
disagreement. A strict form of governance
is necessary because, for lack of a better
term, the tail cannot wag the dog.
This is not to say that there are not
exceptions, and safeguards provided for
in the declaration and the act, which is a
consumer protection statute. In Rhode
Island, in addition to a few other items,
unanimous consent of the unit owners
is needed to change the use of a unit and
also to change the percentage interest
allocation (Section 2.17). There is also
the obligation of good faith that applies to
all individuals having business pursuant
to the Act (Section 1.11). Anti-nuisance
provisions are also found in most declara-

tions that protect a unit owner's right
to reasonable quiet enjoyment. (For
example, a unit owner can expect a reasonable degree of peace and quiet, even in
a community setting, and should not have
to accept the playing of drums at 1 a.m. in
the morning.)
So what about the example with Ms.
Erble? The answer here is simply that decisions regarding use of the common areas
rest with the board and do not require
approval by the unit owners. Common
elements are owned by all owners and controlled by the association by and through
its elected board. While the board must
always exercise good faith in its judgments,
the board does have a great deal of power
and discretion pursuant to the act.
AUTHORITY AND
RESPONSIBILITY OF THE BOARD
Section 3.07 of the Act, "Upkeep of Condominium," states that the association is
responsible for maintenance, repair, and
replacement of the common elements.
Further, pursuant to Section 3.02 of the
Act, "The Powers of Unit Owners' Association," the board has the statutory right
to: "...(6) Regulate the use, maintenance,
Condo Media - May 2017

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