Monday, July 13, 2015

Attempt to Hinder Communication Among Unit Owners?


Is our Market Street at Town Center Condominium Board of Directors attempting to hinder communication among unit owners?

Our Board of Directors recently sent all unit owners a letter that includes this unfortunate statement:  “...no request has been made and/or granted for use of the Association’s Community Room on that date and time.”

That Board of Directors letter, which was dated July 9, 2015, was responding to an anonymous letter that invited all Market Street at Town Center Condominium unit owners to a meeting in the Community Room at 7 p.m. Wednesday, 15 July, to discuss the effects of the lease-cap amendment ratified in April 2014.  (I provided comments relevant to both letters in my recent post of 10 July.)  Because I think communication is good, I approve of the sending of both letters, but, for reasons I'll discuss in the following paragraphs, I think our Board of Directors should have omitted the "unfortunate statement" I quoted above from its letter.

Residents don’t need approval to use the Community Room so long as the number of non-residents attending is no more than four times the number of units represented at the meeting by residents.  For example, if residents from five different units attend a meeting, each of those units is allowed four non-resident guests, so there could be a total of 20 non-resident guests in addition to all the residents of those five units.

In 2007, our Board of Directors published "GUIDELINES FOR USE OF THE COMMUNITY ROOM."  Note especially rules 1 and 4.  (It seems a little odd to me that tenants have the same right to use the room as resident owners, but non-resident owners must be a “guest” to use the room!)  Please also note that the Guidelines say nothing about requesting use of the Community Room; the Guidelines make clear that residents--without requesting approval--may use the Room within the designated hours anytime their use doesn't interfere with official Unit Owners' Association functions (which, in my experience, have always been scheduled at least several days before they occurred).

While the "unfortunate statement" quoted above is true, it is irrelevant, so the question arises:  Why did our Board of Directors include that "unfortunate statement" in its letter?  I can think of only two possible explanations:  (a) The Board mistakenly thought approval was required to use the Room for such a meeting, or (b) the Board was wrongfully trying to make it more difficult to hold such a meeting.  It is unfortunate if either (a) or (b) applies to any Director we unit owners have elected.

If (b) applies, that is particularly egregious, because it is the opposite of what §55-79.75:1 of the Condominium Act requires.  Our Board of Directors is supposed to establish a reasonable, effective, and free method, appropriate to the size and nature of our Market Street at Town Center Condominium, for unit owners to communicate among ourselves and with our Board of Directors regarding any matter concerning our Unit Owners' Association.  Also, our Board may not require prior approval of the dissemination or content of any material regarding any matter concerning our Unit Owners' Association.