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Alfred213 · Mar 4, 2007, 03:50 PM

Hello everyone. I've been browsing through the site and could not find an answer to my question, so, I'm hoping someone will help.

I live in a Condo located in Southern Calinfornia. I just received a notice of violation for barbequing in my patio. I use a gas grill but the Board recently made changed to their CC&Rs stating that there should be no barbequing in the patios.

What are the rules against barbequing using a gas grill? Can the Board just make a change to the rules and impose it?

Thanks for your help in advance.

shygrneyzs · Mar 4, 2007, 03:54 PM

Yes, your condo association can make that rule. When did the rule become affective? Did you barabecue before or after the rule was made and owners were notified? If you never did receive that notice until you barbecued, then you can argue the violation. If you received the notice and you went ahead, pay the fine.

ScottGem · Mar 4, 2007, 04:20 PM

A condo association is a governing body for the property. The Association has by-laws that govern what they can and can't do. When you purchased the condo, you were given a copy of those by-laws and the associations rules. Generally, before they can make any changes they have to present the changes at a meeting of the association board where owners will have the opportunity to argue against it.

So you need to read the byl-laws and find out if the change was made according to the by laws. If it wasn't, then you may have a case.

excon · Mar 5, 2007, 05:52 AM

Hello Alfred:

You're in Southern Cal, and you can't bar-b-q? That's UN American.

Actually, I believe that HOA's are quasi-governmental agencies and must be held to account for their dumbness. I hope you sue the crap out of them...

excon

Cvillecpm · Mar 5, 2007, 06:54 AM

Evidence of the NO SMOKING hysteria that has gripped SoCal...

Alfred213 · Mar 5, 2007, 11:08 AM

Thanks for your input guys.

When we bought the place 2 years ago, the regulations (CC&Rs and By-laws) did not indicate that grilling was not allowed. However, about 7 months ago, the Board sent out a addendum to the CC&Rs where one of the things that were added was "no barbecuing." Owners never were called to a meeting or asked to vote on the proposed changes, however, the letter indicated that if anyone would like to oppose the new rules, to submit a written request.

I've prepared a letter for the board but I think it will be useless. So I might just give up and play by the rules but now I have to figure out what to do with my $400 grill since they are not even allowing me to keep it in the patio.

ScottGem · Mar 5, 2007, 11:59 AM

Again, I say you need to check the by laws to see if that addendum was allowed. Then get your neighbors together to see if any want to fight the new rules before you give up.