Condo Media - September 2013 - 63

invested in having our documents transcribed. What a difference that makes!
(See samples on pages 60 and 61.)

Failure to Comply

We are all aware that, human nature
being what it is, someone will either intentionally or unintentionally be in noncompliance with the language in the
condo docs. Failure on the part of the
board of directors to expect/demand
uniform adherence is, to my way of
thinking, one of the greatest errors the
board of directors can make. In fact, it is
one of the duties of the board of directors to assure compliance. Not to do so
can put a board in legal jeopardy. Below
is an example of a board whose failure
to ensure uniform enforcement resulted
in a court action: Unequal Enforcement
of No-Business Restriction May Constitute Racial Discrimination.
Fielder v. Sterling Park Homeowners
Association, No. C11-1688RS (D. Wash.
2012) A Washington district court held
that the business judgment rule does not
protect an association or the individual
board members from liability for civil
rights and fair housing violations.7
The standard for determining liability being “what did you do once you
knew?” should make it clear to the board
that swift and documented attention to
any complaint brought to its attention is
critical. Also, if there is not a clear communication of the process of assessing
consequences for infractions (e.g., first
offense — warning; second offense —
hearing before the board, possible fine
imposed; subsequent offenses — automatic fine), the board should create one
immediately. Always remember that the
alleged violator has the right to present
his/her case to the board in person prior
to any fine assessment. In serious matters,
it is always a good idea to check with
your attorney to make sure everyone involved is in compliance with due process.

The Message?

Your condo documents are important!
Go find them! If they have not been
subjected to a legal audit recently, initiate
one. Once that is done, if your docs are

of poor print quality, have them transcribed. You won’t regret the investment.
Barbara Reilly is the immediate past
president of The Conrad Condominium
Association in Providence, R.I. A longstanding CAI homeowner member, she
was elected to a three-year CAI-NE Board
term commencing in 2013.
Footnotes
1
“Know Your Governing Documents,”
Valerie Farris Oman, Governing Documents, March 11, 2011

Public Offering Statement, Conrad
Condominiums, p. 8
3
Ibid, p. 8
4
“Know Your Governing Documents,”
Valerie Farris Oman, Governing
Documents, March 11, 2011
5
“The Fine Print,” Charles D. Blackman, Esq., Condo Media, February
2009
6
Robert M. Meisner, Esq.,
M. Katherine Michael-Brotman, Legal
Assistant www.meisner-law.com/
articles/how_to_tell.htm
7
CAI Law Reporter, April 2013
2

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Condo Media - September 2013

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