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Toys That Annoy But Bring Others Joy

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By RICHARD WHITE

Tribune correspondent

Published: December 21, 2008

Our condominium documents clearly state that no pickup trucks or motorcycles are allowed. Our board recently changed the rules, saying that pickup trucks and motorcycles are allowed.

When asked whether the change would be put to the members for a vote, they said that the association attorney advised that was not necessary. What goes here? Why have condominium documents?

DP
Fort Pierce
I can't tell you whether your board has the power to make such changes. I do know that there have been several court cases over the years involving members with pickups who sued to be allowed to park in communities with similar document restrictions. You would need to have an attorney review the cases and interpret the results.

A similar event may have occurred in your association. Someone may have challenged the restriction and the board asked the association attorney for his or her opinion. If the attorney advised against enforcing the restriction, the board would have the right to avoid a court case and allow the vehicles to park. Each association and board facing such a predicament should seek an answer from their association attorney, because each situation may be different.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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