Saturday, June 7, 2014

Please Correct the Leasing Bylaw Signs

Update added 21 December 2014:  The contradiction discussed in this post has been eliminated.  The signs in the lobby were corrected by replacing "April 7" and "April 7th" with "April 8" and "April 8th" wherever they appeared in the signs.  The signs are now consistent with the amended leasing bylaw.  Correcting the signs by changing the date in this way was simpler than the correction I had suggested.



There are two signs at the concierge’s desk in our Market Street at Town Center Condominium lobby which conflict with the recently-amended leasing bylaw regarding which unit owners are "grandfathered."  For further explanation, please see my post at http://msa-towncenter.blogspot.com/2014/06/signs-conflict-with-leasing-bylaw.html

Section 2 of Article III of our Bylaws includes this sentence:  "The Board of Directors shall have the power from time to time to adopt any Rules and Regulations deemed necessary for the benefit and enjoyment of the Condominium; provided, however, that such Rules and Regulations shall not be in conflict with the Condominium Act, the Declaration or these Bylaws."  I construe those signs in the lobby to be Rules and Regulations which, as such, must NOT be in conflict with our Bylaws.  You can view our Bylaws (including the UNamended leasing bylaw) at http://www.marketstreetattowncenter.com/docs/BylawsV4.PDF

To view the AMENDED leasing bylaw, go to http://www.marketstreetattowncenter.com/docs/Bylaws_Amendment_Leasing.pdf  Ironically, it appears that those signs in the lobby, by conflicting with the amended leasing bylaw, violate this sentence of that very bylaw:  "(ix)  The Board of Directors shall have the right to adopt rules and regulations to carry out and enforce the requirements of these subsections, provided such rules and regulations do not conflict with these provisions."

I fear that anyone who knows what the amended bylaw says and sees those conflicting signs may question the competence--or willingness to comply with applicable requirements--of our Market Street at Town Center Condominium management and Board of Directors.

I have been trying since early May 2014 to get those conflicting signs corrected, first by talking three times with our Property Manager, Sue Carr--even providing her a proposed corrected version of the longer of the two conflicting signs at the time of our third conversation on the issue, in mid-May.  Seeing that the uncorrected conflicting signs had remained in place in the lobby, I pleaded for the corrections directly to our Board of Directors at its 29 May 2014 meeting.  Discussion with Ms. Carr the morning after that Board meeting continued to indicate no intention to correct those conflicting signs, so, on 1 June 2014, I sent a follow-up email to the Board, again making the case for correction of those conflicting signs.  Those conflicting signs are still in the lobby today, which is why I feel it is now appropriate to put up this post.  I am saddened, embarrassed and surprised that getting those conflicting signs corrected has proven so difficult.

1 comment:

Michael Kingsu said...

Glad that I found your blog. There are things that we didn't understand about condominiums. There are many laws about it. Thanks for sharing this!