Rules and how they’re made.

Much to my surprise, I found that our great state of Maryland has devised a great plan for how condominiums make rules. Obviously, rules are needed, after all there are a bunch of people living under one roof – pretty close quarters, closer than your average neighborhood!  Common community owners frequently have to share a parking lot, trash area, lobby, elevators, hallways and maybe more and this sharing needs to be somewhat orderly to make most everyone happy.  We remember the old saying that “you can please all of the people some of the time and some of the people all of the time, but you can’t please all of the people all of the time.”  So, it obviously takes some finesse to keep the masses happy.

Many condominiums appoint a committee to speak with the residents and come up with a list of logical rules that will make everything run smoothly. Once the committee is finished and the board puts in its two cents, the board must send a draft of the proposed rules to the entire community for comments and an open meeting held for the purpose of discussing the new rules.  The Maryland Condominium Act (MCA) section 11.111 outlines the procedure that must be followed for the rules to be finalized.  That procedure includes these steps:

  1. The board must send proposed rules to each unit owner.
  2. Notice must be given that the unit owners are permitted to submit written comments on proposed rules.
  3. An open meeting must be held to allow each owner or tenant to comment on the proposed rules and each owner must receive written notice at least fifteen days before the open meeting is held.
  4. After considering the owner’s comments and if no changes are needed, the board will vote in an open session to accept or reject the rules.

If some owners do not agree with the board’s decision to pass the new rules, there is a system for that too. To nullify a rule or stop it from being final, this is the way it has to go:

  • To initiate a vote to vote down the new rule, 15% of the owners must sign a petition for a special meeting within 15 days of the open meeting.
  • The rule(s) are not valid unless the requested special meeting is held.
  • A quorum of owners (no mention that proxies can’t be used for this) must attend this special meeting.
  • If at least 50% of the unit owners present at that meeting disapprove the rule and if they represent at least 33% of the total votes of the owners the rule is considered void.
  • Any unit owner can ask for an exception to the rule, the request must be done in writing to the board within 30 days of the rule being passed.

Hopefully this will help all the owners feel they have a voice in the rules and regulations of their community. From what I’ve read, many of the complaints are a result of owners feeling that a board of three or five people have the right to give orders to the entire Council of Owners.  Let’s see how it goes for us!

Take a look for yourself, here’s the link: http://sos.maryland.gov/Documents/CondominiumBooklet.pdf

 

2 thoughts on “Rules and how they’re made.

  1. This was done and no one sent in any written comments. The meeting was held, the rules passed (with you being the only “nay”) and copies have been delivered to residents.

    As to committees, only about 3 or 4 residents have volunteered to be on any committees. No one else has shown any interest. The “Grounds Committee” has spent their own time and money to try to improve the “curb appeal” of our mutual. The suggestion was made at this current board’s first meeting, that committees be formed. Other than the Grounds and Decorating Committees, no other committees have been form. FYI: Only the same 3 or 4 people volunteered.

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