Fitness Center “Over-Ruled”?

I have some complaints regarding rules for our Market Street at Town Center Condominium Fitness Center.

An early Board of Directors made a seemingly ill-advised rule prohibiting use of cell phones in the Fitness Center. What is the logic of that cell phone use prohibition in light of the lack of an explicit prohibition against turning the sound volume of the three TVs to almost painfully loud levels? You can view that rule number 6 and the other Board rules for use of the Fitness Center on the door of the Fitness Center and at the following link:

http://www.marketstreetattowncenter.com/docs/GuidlelinesFitnessMarch_07.pdf

In addition to those Board rules, management posted a sign inside the Fitness Center a few months ago requesting users to “put away all equipment after each use” and “not drop weights on the floor.” [This sign was removed in mid-July 2009--a good thing, in my opinion! Sincerely, Paul Rasmussen, unit 305] I don’t think those admonitions are [were] useful. Further, I don’t think management had authority to post that sign or to make those “rules”.

As explained in my post at the below link, our Bylaws require “prior written approval of the Board of Directors” to post or display signs in our Common Elements. Our former Association Presidents claim that the Association contract with the Managing Agent delegated that sign-approval authority to our On-Site Manager, but I’d have to see the specific language in the contract to be convinced.

http://mstc-uoa.blogspot.com/2008/12/unapproved-signs.html

In any event, I don’t think our Board should delegate its sign-approval authority to such a sweeping extent. Perhaps it would be appropriate for our On-Site Manager to have authority to approve informational signs, such as fire alarm times or meeting dates, or reminding residents of rules already approved by the Board. But only our Board may make and amend “rules” pertaining to the use of our Common Elements. It appears to me that posting that sign in the Fitness Center was effectively the On-Site Manager making new rules, which only our Board has authority to do. Please see my posts at the two links below for more explanation of the Board’s exclusive power to make and amend the Rules and Regulations for our Condominium.

http://mstc-uoa.blogspot.com/2008/01/governing-documents-our-bylaws.html

http://mstc-uoa.blogspot.com/2008/01/governing-documents-our-rules-and.html

If you have thoughts about this matter, please email me at rasmussen305@gmail.com or/and post a comment in my forum at the below link. (You will have to be registered with that forum and logged-in there in order to post your comment there.)

http://mstcuoa.proboards59.com/