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Thread: Violation

  1. #1
    woodymou is offline Junior Member
    Join Date
    May 2008
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    Violation

    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?
  2. #2
    onehotmom is offline Member
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    Jun 2008
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    Why punish the condo owner.
    If the auction would have taken only an hour or so. Why grandstand make a huge issue out of it with fines.
    Lighten up. Let the guy sell his condo and be done.
  3. #3
    HuAi is offline Member
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    Also, unless this is a COOP a condo board has no say whatsoever in whether owner can sell or not.
  4. #4
    LindaP777 is offline Senior Member
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    Oct 2005
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    Ohio (southwest)
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    SHEEZE! What were the damages? None, I would guess. The HOA can warn the homeowner not to do it again, or at worst, fine him if it is spelled out in the HOA R&R.

    Sounds like you have it in for this particular homeowner. Maybe that's why he's selling!
  5. #5
    BlondiePB is offline Senior Member
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    Feb 2002
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    Bikini Atoll
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    The maximum fine for the violation would be $100.00. In FL, fines (unlike maintenance & special assessments) cannot have liens put on the condo. This definitely is not worth any action by the condo association. Even having the association's attorney type a letter would cost more than $100.00.
  6. #6
    seagoing is offline Member
    Join Date
    May 2006
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    215
    Do the documents have restrictions on what a condo owner can or cannot do on the commons?these people were guests of the condo owner.How different would it have been if they had BBQ on the commons for an hr.

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