Does our Unit Owners Association require that residents provide our Condominium management with information about the vehicles residents authorize to be parked in the garage parking space(s) assigned to the unit the resident lives in? While I am unsure, I don’t think there is such a requirement that is valid and enforceable. There definitely is no such vehicle registration requirement in our condominium instruments. (Our condominium instruments are our Declaration, Bylaws, and plats and plans, all of which are recorded in the Fairfax County Land Records, and which require approval of 2/3 of the unit owners to make any change other than correcting obvious errors.)
But the question of whether any of our Boards of Directors has ever adopted such a vehicle registration requirement that can reasonably be construed as part of our “Rules and Regulations” and thus be valid and enforceable is difficult to answer. I don’t think a Board of Directors has ever duly adopted such a requirement, unless the posted notice itself would be considered part of our Rules and Regulations. (See some of my previous posts on this blog for more information about “Rules and Regulations”.)
I think the Board of Directors should make clear to all of us unit owners whether a Board has or has not duly adopted a requirement to register vehicles with Condominium management. I believe that the Board of Directors should NOT adopt such a vehicle registration requirement. If the Board can demonstrate that a Board of Directors has already adopted such a registration requirement, then I think the Board ought to repeal that vehicle registration requirement. I can give many reasons why I take this position, but I’ll leave that for a future post if that becomes necessary.
Friday, February 22, 2008
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