A PLACE TO BE
Friday, January 25, 2013
BATH HOUSE ISSUE
Many on the Board wish to discontinue using bath houses one and three. Doing so would save our Village over $40,000 this year and tens of thousands each year thereafter. The major objection seems about having a close place for renters and construction workers to use a bathroom and of course there were the usual threats of lawsuits.
To my knowledge previous Boards have never ratified any substantial addition or a material alteration to a common element but now it seems appropriate. Why?
Though the Board's intention seems pure I believe their decision on the USE of a common element doesn’t merit ratification and here's why.
Article X in our Declaration makes no mention towards the USE of common elements, just that “there shall be no material alterations or substantial additions to the Common Elements” unless approved by the board and ratified by the owners.
It is mentioned in DIRECTORS POWERS AND DUTIES, Article IV, Section 10 of the Bylaws which state “such powers shall specifically include, but shall not be limited to, the following: Section D “To make and amend regulations respecting the operation and USE of the Common Elements.” Therefore one is left to believe the elected Board have exclusive power to change the USE of these bathhouses without ratification from owners. However when the Board decides to materially alter the bath houses, such as tear them down or remodel into other than a bath house, then they would need to seek ratification.
My suggestion is to close only bath house number one since it is a short distance from the Rec. Center bathrooms and would save the bulk of the cost savings the Board desires. Later if it feels right, do bath house three in the same fashion.
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To my knowledge previous Boards have never ratified any substantial addition or a material alteration to a common element but now it seems appropriate. Why?
Though the Board's intention seems pure I believe their decision on the USE of a common element doesn’t merit ratification and here's why.
Article X in our Declaration makes no mention towards the USE of common elements, just that “there shall be no material alterations or substantial additions to the Common Elements” unless approved by the board and ratified by the owners.
It is mentioned in DIRECTORS POWERS AND DUTIES, Article IV, Section 10 of the Bylaws which state “such powers shall specifically include, but shall not be limited to, the following: Section D “To make and amend regulations respecting the operation and USE of the Common Elements.” Therefore one is left to believe the elected Board have exclusive power to change the USE of these bathhouses without ratification from owners. However when the Board decides to materially alter the bath houses, such as tear them down or remodel into other than a bath house, then they would need to seek ratification.
My suggestion is to close only bath house number one since it is a short distance from the Rec. Center bathrooms and would save the bulk of the cost savings the Board desires. Later if it feels right, do bath house three in the same fashion.
Comments
Read more...
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