The Condo Association Blues

In this morning’s Hartford Courant, there is a story about a woman who lives in a condo complex in East Windsor reminding me to tell prospective condo buyers about the down side of owning a condominium – rules and regulations and condo boards. 

In honor of her son, who is serving in the military, she has a flag outside of her home.  In condo association world, that’s called breaking the rules.  “We must have uniformity!  If we have flags, the garden gnomes can’t be far behind!  After the garden gnomes, then it’s pink flamingos.  It’ll be anarchy!”

Her association has told her to take the flag down by labor day or else be fined $25/day.  She has called upon her local elected officials to intervene but has gotten the cold shoulder so far.

While this woman may be able to garner support for her cause, the average homeowner who just wants to plant some flowers may not be able to rally the troops as effectively.  Many homebuyers don’t know what they’re getting themselves into when they buy a condo – that only one cat is allowed, wreaths must be taken down two weeks after Christmas, you can’t paint your front door a different color and that only a certain number of units may be rented.

In Connecticut, buyers are protected to a certain extent.  Home buyers are given a period of time after they have a signed contract to purchase a condo to review the condo rules and regulations.  This is where modifications to the exterior will be barred.  If you read something in the rules and regulations that doesn’t fit your lifestyle, then you are not obligated to purchase the property as long as you notify the seller within a certain period of time.

It’s important to review these documents carefully as a home buyer and to have your attorney review them.  If the community has a website or newsletter, take this as an opportunity to look through these as well to get an idea of the tone of the community. 

However, once you’re living in the condo, the association is perfectly free to make revisions to the rules and regulations and you have to abide by them or hire an attorney to fight it out.  I often tell clients to get involved in the board once they’ve moved in -and at least attend regular meetings to have your say in association business.