What is the name of your state? Florida
A condo owner hired an auctioneer to auction his condo. The auctioneer came with a trailer and started the auction on the common area on the premises. The owner has not requested an approval from the board to use the common area on the premises. The president of the board association ordered the auctioneer to immediately leave the premises, since he did not have the approval of the board. The auctioneer refused to leave the premises and continued until the end of the auction. The whole action took about 15-20 minutes. The president couldn't call the police, since the police usually come for such case after 30-60 minutes.
The question is:
Since the condo's owner failed to receive the board approval for the use of the common area on the premises to auction his condo, has violated the By-Laws, Rules and Regulations of the association.
The duty of the board is to enforce the By-Laws, Rules and Regulations.
Isn't the duty of the Association Board to inform the condo's owner about his violation and therefore the Board can't approve the sale by auction of his condo? The Owner has then the option to hold another auction inside his property without any approval of the board or to request a Board approval to hold such auction on the common area on the premises.
What should be the legal appropriate action by the Association Board ????What is the name of your state?