"Wrong Front Door" - Condo Association

[chiil]

What is the name of your state (only U.S. law)? Illinois

Hello,

My wife and I are owners of a townhome for 10+ years. Recently, we had the front door changed from [url]http://farm4.static.flickr.com/3227/2947981566_33d6eec203_m.jpg[/url] to [url]http://farm4.static.flickr.com/3160/2947124787_ef9eeefcdc_o.jpg[/url]

The reason for the change was that the door that was installed by the association 10+ ended up rusting a bit, and finally the door jam broke completely. Since I didn't have the Rules & Regulations handy, I decided to replace the door (jam et al) with the same style door, however, with a window at the top (only type available) to avoid having to seek approval. I didn't have a working front door and needed to act fast. I noticed that some buildings used the original style door I had before. Others had ones with windows at the top. And I also found a building with a similar door on a single unit, not matching the rest of the building. Later on, I received the following letter:

It was noted on Sept 25, 2008, that you have the wrong door. Please note that your account will be charged $100.00 for the violation. Any additional violations will result in increased fines. Should you wish to dispute this matter, you may request a hearing in writing with the BOD within 10 days of receipt of this letter.....

I finally found the Rules and Regulations, and found what I think they were referring to in the letter.

Metal entrance doors must be of a style approved by the Board and may not be replaced, painted or otherwise altered without prior written permission from the Board of or its duly authorized agent acting at the direction of the Board prior to commencing work. Any damage to the entrance doors is the responsibility of the Unit owner.

OK, so it is my fault for not seeking approval. Since our board meeting was in 2 days from having received the letter, I decided to stop by and see how they run the meetings prior to me requesting a hearing. They decided to hear my case that day, which was nice. I presented photos of the new door, along with an explanation of why it needed to be changed. The board members all like the door, except the president. The board's president said I needed to change the door since "they need to be uniform across the buildings". I told her that it doesn't state that in the R&R (see above). Then she just re-buffed and said I should have walked around to see what is the correct style. I told her that there were more than 6 style of various doors, that are even non-uniform across the same building. I asked if the $100 fine can be waived so I can apply it to a new door, which I would need to present to the board for approval. They said they would think about it.

As a follow, I received the following letter:

It is the duty of the Association Board and Management to enforce rules consistently and fairly by fact (not by person or situation). At the recent Board Meeting, the BOD discussed your request to have the fine on your account removed. After review of this issue, the Board decided to hold the fine on your account until a new door has been installed. Once your new door is installed, the fine will be waived. The decision of the Board is considered final, pursuant to the governing documents for the Association.

I took the letter to mean pay the fine. If you change the door, the fine would be waived. What I did was send in a $100 check, for having the "wrong door". Wrote "Paid in Full" as well on the check. It was cashed some time later.

Now I have received another letter:

Upon reviewing the files, it has come to our attention we do not have a copy of your current lease. Please provide a copy of the current lease for your unit by fax or mail as soon as possible. In addition, please install a front door for you unit by December 1, 2008 to avoid fines.

The letter was received on November 28th. Wow, 3 days to comply. Also, they think we are leasing the place. We had recently bought out my wife's sister last year and faxed them the Quitclaim deed as required. They did nothing with it, and I guess their records still show her sister. In fact, the letters still come addressed to her sister. I even still have the fax copy that they received it.

OK, so my question is, based on all the information above... am I within my right to not change the front door? I need feedback on how you interpret the by-law. Granted, I didn't get approval, so I should be fined for not seeking approval. It doesn't state in the R&R what constitutes a "wrong door", nor in any of the letters. Nor does it explicitly state in the first two letters to "change the door". The last letter just says "install a door". There already is a door installed, the door with the window.

It's interesting to note why some of these laws were probably written in the first place. They probably didn't want someone installing a pink, purple poke-a-dotted door and devaluing the other units. But if the door is ideally the same, and enhances the appearance of the building, why would that be bad? Should I get a petition from all the neighbors?

I also found another unit with the same door, which doesn't match the rest of the unit's doors. I asked the person if they had gotten permission to do so, and they said they were just renting. Dunno if I should call out that unit as well, as it seems they are selectively enforcing the laws. But I also don't want to get someone else in trouble.

I'd like your feedback on whether I should fight this, if I have any ground to do so based on the rule's wording. If the board is within their power to enforce me changing the door, then I'll just go change the door.What is the name of your state (only U.S. law)?

[HomeGuru]

Originally Posted by chiil

What is the name of your state (only U.S. law)? Illinois

Hello,

My wife and I are owners of a townhome for 10+ years. Recently, we had the front door changed from [url]http://farm4.static.flickr.com/3227/2947981566_33d6eec203_m.jpg[/url] to [url]http://farm4.static.flickr.com/3160/2947124787_ef9eeefcdc_o.jpg[/url]

The reason for the change was that the door that was installed by the association 10+ ended up rusting a bit, and finally the door jam broke completely. Since I didn't have the Rules & Regulations handy, I decided to replace the door (jam et al) with the same style door, however, with a window at the top (only type available) to avoid having to seek approval. I didn't have a working front door and needed to act fast. I noticed that some buildings used the original style door I had before. Others had ones with windows at the top. And I also found a building with a similar door on a single unit, not matching the rest of the building. Later on, I received the following letter:

It was noted on Sept 25, 2008, that you have the wrong door. Please note that your account will be charged $100.00 for the violation. Any additional violations will result in increased fines. Should you wish to dispute this matter, you may request a hearing in writing with the BOD within 10 days of receipt of this letter.....

I finally found the Rules and Regulations, and found what I think they were referring to in the letter.

Metal entrance doors must be of a style approved by the Board and may not be replaced, painted or otherwise altered without prior written permission from the Board of or its duly authorized agent acting at the direction of the Board prior to commencing work. Any damage to the entrance doors is the responsibility of the Unit owner.

OK, so it is my fault for not seeking approval. Since our board meeting was in 2 days from having received the letter, I decided to stop by and see how they run the meetings prior to me requesting a hearing. They decided to hear my case that day, which was nice. I presented photos of the new door, along with an explanation of why it needed to be changed. The board members all like the door, except the president. The board's president said I needed to change the door since "they need to be uniform across the buildings". I told her that it doesn't state that in the R&R (see above). Then she just re-buffed and said I should have walked around to see what is the correct style. I told her that there were more than 6 style of various doors, that are even non-uniform across the same building. I asked if the $100 fine can be waived so I can apply it to a new door, which I would need to present to the board for approval. They said they would think about it.

As a follow, I received the following letter:

It is the duty of the Association Board and Management to enforce rules consistently and fairly by fact (not by person or situation). At the recent Board Meeting, the BOD discussed your request to have the fine on your account removed. After review of this issue, the Board decided to hold the fine on your account until a new door has been installed. Once your new door is installed, the fine will be waived. The decision of the Board is considered final, pursuant to the governing documents for the Association.

I took the letter to mean pay the fine. If you change the door, the fine would be waived. What I did was send in a $100 check, for having the "wrong door". Wrote "Paid in Full" as well on the check. It was cashed some time later.

Now I have received another letter:

Upon reviewing the files, it has come to our attention we do not have a copy of your current lease. Please provide a copy of the current lease for your unit by fax or mail as soon as possible. In addition, please install a front door for you unit by December 1, 2008 to avoid fines.

The letter was received on November 28th. Wow, 3 days to comply. Also, they think we are leasing the place. We had recently bought out my wife's sister last year and faxed them the Quitclaim deed as required. They did nothing with it, and I guess their records still show her sister. In fact, the letters still come addressed to her sister. I even still have the fax copy that they received it.

OK, so my question is, based on all the information above... am I within my right to not change the front door? I need feedback on how you interpret the by-law. Granted, I didn't get approval, so I should be fined for not seeking approval. It doesn't state in the R&R what constitutes a "wrong door", nor in any of the letters. Nor does it explicitly state in the first two letters to "change the door". The last letter just says "install a door". There already is a door installed, the door with the window.

It's interesting to note why some of these laws were probably written in the first place. They probably didn't want someone installing a pink, purple poke-a-dotted door and devaluing the other units. But if the door is ideally the same, and enhances the appearance of the building, why would that be bad? Should I get a petition from all the neighbors?

I also found another unit with the same door, which doesn't match the rest of the unit's doors. I asked the person if they had gotten permission to do so, and they said they were just renting. Dunno if I should call out that unit as well, as it seems they are selectively enforcing the laws. But I also don't want to get someone else in trouble.

I'd like your feedback on whether I should fight this, if I have any ground to do so based on the rule's wording. If the board is within their power to enforce me changing the door, then I'll just go change the door.What is the name of your state (only U.S. law)?

**A: comply, that's my advice.

[chiil]

Is your advice based on your interpretation of the by-law?

Metal entrance doors must be of a style approved by the Board and may not be replaced, painted or otherwise altered without prior written permission from the Board of or its duly authorized agent acting at the direction of the Board prior to commencing work. Any damage to the entrance doors is the responsibility of the Unit owner.

Or are you just saying "comply" to avoid the hassle of going against them?

[HomeGuru]

Originally Posted by chiil

Is your advice based on your interpretation of the by-law?

Metal entrance doors must be of a style approved by the Board and may not be replaced, painted or otherwise altered without prior written permission from the Board of or its duly authorized agent acting at the direction of the Board prior to commencing work. Any damage to the entrance doors is the responsibility of the Unit owner.

Or are you just saying "comply" to avoid the hassle of going against them?

**A: my legal advice.