Condo rules regarding washer/dryer archived
May 20, 2010 at 6:23am
Your Condo Board would have had to have a change in by-laws if as you say they were allowed when you moved in. Check your by-laws about whether a full vote of all unit owners is required to change by-laws. The Management Company cannot just make new rules it is the role of the Condo Board. Start by consulting your copy of the by-laws and speaking to the Board officers as well as other condo owners before consulting a lawyer.
May 20, 2010 at 6:34am Edited
Condo boards have very broad authority in these areas. It sounds strange but it is unlikely you have recourse, other than organizing other owners to get the board to change the rules and/or vote the current board out (which might take several years as I assume you have staggered terms).
Your only shot is if the by-laws, which require an owner vote to change, specifically say that the washer is allowed, which is unlikely. Otherwise it is at the board's discretion.
Your only shot is if the by-laws, which require an owner vote to change, specifically say that the washer is allowed, which is unlikely. Otherwise it is at the board's discretion.
Get out the by laws you received when you moved in, that should be a snap shot of what was in place.
Assuming that there is nothing about washers/dryers -- then this seems rather capricious.
I, too, would be absolutely livid about a change like this.
Where is the condo (local/ out of state?)? I believe in NJ the dept of community affairs might be of help.
Assuming that there is nothing about washers/dryers -- then this seems rather capricious.
I, too, would be absolutely livid about a change like this.
Where is the condo (local/ out of state?)? I believe in NJ the dept of community affairs might be of help.
I have no idea about the laws but I'd freak if I were you and probably contact a lawyer to find out my rights.
Im on my condo board and the simple answer to you question is that with at 51% vote we can change the bylaws to say what ever we want. Hiring a lawyer a complete waste of time and money, not only will you pay a fortune but you will indirectly be paying for the lawyer to fight against you. Same with contacting the state of NJ.
The better way to fight this it figure out the following
1. Why was the ban put in place?
As an example we have forbidden hardwood floors due to noise complaints. Our buildings are 2 condos high and the lower floors have reported many complaints because of the noise upstairs. The 1st floor resident can still have hardwood floors because there is no noise issue.
2. How is the condo board policing this rule?
We do not inspect units for hard wood. The resolution says that we can only have them removed if the are noise complaints or youre selling your unit.
Really there is nothing you can do to fight this. It sucks but the board is not just singling you out. There is a reason for this decision and the more you know about why it was made the better chance you will have of figuring out how to keep your appliances.
The better way to fight this it figure out the following
1. Why was the ban put in place?
As an example we have forbidden hardwood floors due to noise complaints. Our buildings are 2 condos high and the lower floors have reported many complaints because of the noise upstairs. The 1st floor resident can still have hardwood floors because there is no noise issue.
2. How is the condo board policing this rule?
We do not inspect units for hard wood. The resolution says that we can only have them removed if the are noise complaints or youre selling your unit.
Really there is nothing you can do to fight this. It sucks but the board is not just singling you out. There is a reason for this decision and the more you know about why it was made the better chance you will have of figuring out how to keep your appliances.
The condo is right here in Maplewood. I'm looking at the by-laws as we speak and there is no restriction on washers and dryers.
I might try talking to a lawyer and/or the Dept of Community Affairs for more info. Thanks.
I might try talking to a lawyer and/or the Dept of Community Affairs for more info. Thanks.
Posted By: spolI'm looking at the by-laws as we speak and there is no restriction on washers and dryers.
But if they are not specifically allowed then the board would have broad authority to not allow them.
Wouldn't something like this typically have to be grandfathered, though? For previous resolutions they have passed (in regards to pets, etc), they have always been grandfathered. Provided that the owner takes full responsibility for any damage, agrees to inspection, etc AND knows that they need to remove it when they move out?
I have been here 5 years, but there are people who have been here much longer than that. I imagine while not a lot of us have washers and dryers, someone who has been here 20 years and is now told they cannot won't be too thrilled either. I'm livid enough for everybody, perhaps.
I have been here 5 years, but there are people who have been here much longer than that. I imagine while not a lot of us have washers and dryers, someone who has been here 20 years and is now told they cannot won't be too thrilled either. I'm livid enough for everybody, perhaps.
There could be any number of reasons that they decided to no allow washers and dryers any more. It could even be state mandated due to ventilation issues. Have you asked the board?
The Bylaws you have in your hand mean nothing. Its the updated Bylaws that the management company holds that will tell you what the current rules are.
The Bylaws you have in your hand mean nothing. Its the updated Bylaws that the management company holds that will tell you what the current rules are.
Are they providing any alternative? Meaning, are they putting in a laundry room somewhere, or is everyone going to have to schlep their laundry out to a laundromat now? If so, that's pretty incredible and I think would really reduce the appeal of the units to new buyers.
They can but do not have to grandfather. I am sure there are many people who are livid. The condo board has a lot of authority but it is still a democracy. To me organizing the unit owners is the best route to having this decision overturned.
Do find out what triggered this -- potential code violation? insurance issue? was there a fire or flood? etc.
I've been involved in several associations/condos -- and all, with washers/dryers required 1) pan around washing machine in case of flood (when is above a living area, not basement), a regular cleaning of the dryer vent (fire hazard otherwise), and the requirement that the vent line be metal, not plastic (also fire hazard).
If the association has done none of the above in the 5 years you've lived there, I wonder whether this might be an over reaction.
Good luck
(and get yourself elected to the board!!)
Pete
I've been involved in several associations/condos -- and all, with washers/dryers required 1) pan around washing machine in case of flood (when is above a living area, not basement), a regular cleaning of the dryer vent (fire hazard otherwise), and the requirement that the vent line be metal, not plastic (also fire hazard).
If the association has done none of the above in the 5 years you've lived there, I wonder whether this might be an over reaction.
Good luck
(and get yourself elected to the board!!)
Pete
I wonder if you're in an old building whose plumbing isn't up to the demands of washing machines, and it's causing problems (such as reduced water pressure, or drain backups, or leaks) for other occupants. I used to live in a 1950's high-rise, and that's why we couldn't install washers in our units.
I'd start by talking to a board member or going to a board meeting. The management company wouldn't do this without board approval.
I'd start by talking to a board member or going to a board meeting. The management company wouldn't do this without board approval.
cannot retroactively change the by laws-- must grandfather in existing "scofflaws". Have your attorney send them a nasty letter. Just remember, if you actually have your attorney sue them and they choose to fight it, unless they have reserves and, even if they do, you risk them charging an assessment to pay for the legal fees. Sounds like a minimal cost there but if you're condo is run like ***** like many are, they may have zero reserves and may need to assess just to pay the lawyer. In effect, you'd end up subsidizing their defense.
Condo and coop boards are habitually run by idiots having very little idea what they are doing.
Condo and coop boards are habitually run by idiots having very little idea what they are doing.
and like all legal advice on this board. see a real life attorney.
And this is just one example why -- 3 years ago -- I said NO MORE CONDO BOARDS. NO MORE HOMEOWNERS' ASSOCIATIONS. Just me and my little 'ol house! Ah..........
as someone mentioned before, a polite phone call to the board president, without any accusations, etc, would be a great first step to start with.
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Yesterday I got a notice from the property management company saying that effective now, washers and dryers are not permitted in the units and those of us who have them must remove them. Considering that I spent about $1000 to purchase and have installed, and frankly I wouldn't have bought the place had it not had the ok to have it, I'm not a happy camper.
Do I have any recourse? I feel strongly that this should be grandfathered in, but those of us who had everything installed to code (and I'm certainly willing to have an inspection) shouldn't have to be penalized. I have homeowner's insurance should there be a flood, and there is no one above or below me - everything is wired and plumbed to code.
I WILL get a lawyer to fight this if I have to, but would prefer not to make an enemy of my management company. This is a quality of life thing...I own my condo, abide by the rules, and really feel strongly that I shouldn't have to get rid of this washer/dryer. AND I'm willing to take on all responsibility should there be an issue with my appliance.