charge backs

[Guest Joyce]

I live in a condo complex where we have central hot water heating. I have been here for 19 years and own my unit. Recently the board of directors have decided that they will implement charge backs to the owners for zone valve replacements and repairs to the heating syste. Our heat and water is included in our condo fees. We have nothing to do with the boilers or heating system other than the use of out thermostats. Can they do this? They propose to do the charge backs for the past three years. I personally have not had any repairs done in my unit, I am just curious as to whether they can do this.

[jstackpo]

You will have to look at (and study carefully, I'll bet!) your condo's governance documents to find answers.

RONR doesn't deal with these sorts of details.

[Josh Martin]

I live in a condo complex where we have central hot water heating. I have been here for 19 years and own my unit. Recently the board of directors have decided that they will implement charge backs to the owners for zone valve replacements and repairs to the heating syste. Our heat and water is included in our condo fees. We have nothing to do with the boilers or heating system other than the use of out thermostats. Can they do this? They propose to do the charge backs for the past three years. I personally have not had any repairs done in my unit, I am just curious as to whether they can do this.

Members cannot be assessed any payment aside from their dues unless provided for in the Bylaws. (RONR, 10th ed., pg. 555, lines 2-4) The board only has the authority granted by the organization's Bylaws or by vote of the membership. (RONR, 10th ed., pg. 465, lines 26-30) With those principles in mind, you'll need to look to your Bylaws in order to answer your question. If there are any ambiguities, the organization will need to interpret them. (RONR, 10th ed., pgs. 570-573)