What Can the Condominium Association Regulate?
The Condominium association can regulate anything that the CC & R’s and by-laws dictate, as long as the regulation does not violate a law. Can a Condominium Association Change or Modify The CC & R or By-Laws? The CC & R will usually contain a provision on how the association can change or modify the CC & R or the by-laws. Generally, the provision calls for a majority vote of the board members or a majority vote of the condominium owners, or some combination of both in order to change the CC & R or by-laws. If there is no such provision, a change or modification can always occur by an agreement of all interested parties. Will a Use that Violates the CC & R or By-Laws Ever Be Permitted? If the CC & R and the by-laws allow for it, variances and non conforming uses may be granted by the association after a hearing. It really depends on how strictly the association wants to enforce its CC & R and by-laws and the reason for requesting the variance or why there was a non conforming use. The p
