When Boards and Their Servants Don't Follow the Law...

On August 5th, we received the following communication...

It has been brought to my attention that your tenant and husband, B continues to be a nuisance at the building.
It has been reported that B is opening the '58 basement windows.
Per the Association's Rules & Regulations, which state in part,
NUISANCES
No noxious or offensive activity shall be carried on in any unit or in the common elements shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other unit owners or occupants.
Please instruct your tenant to desist this behavior immediately.
The Board of Directors has levied a $50 fine and will continue to levy fines until the behavior stops.
The next fine will be $100.

Beyond the three blatant violations of the state's Condominium Property Code documented in that statement (Including the fact that any such action had to be voted upon in an open part of the meeting preceeding the issuing of the fine...which it was not. Both M and I were at the meeting, as documented HERE), the idea that opening a 18-inch by 9-inch vent window of an un-air conditioned basement laundry room by anyone on a hot summer day while doing laundry "may be or become an annoyance or nuisance to the other unit owners or occupants." defies any standards of reasonableness or intelligence...but it is a great way to generate a bit of quick cash for the cash-strapped Condo Board.
Open a window (which anybody can do), say "B did it", and bill for $100!
KA-CHING!
BTW, I'm not a "tenant" (who pays rent), but a "family member/resident" of the unit which M owns.
But then, you can't expect a totally-inept property manager to get little details like that right.

In order to avoid the Board claiming we were in arrears and adding a late fee, we paid the fine with a money order noting "without prejudice" and "under protest" and enclosed a note...

Enclosed are the payments for…
the monthly assessment.
the lawyer's fee for the real estate taxes.
the fee for the so-called "violation" to avoid further misuse by you of the authority of Property Manager.
Note that because you, property manager, violated (ironically) Section 18.4(l) of the Condominium Property Act, we have reported this matter, using your own documentation, to the appropriate agencies (all four of them) and reserve our right to challenge this egrigious and flagrant violation of the Act.

...and sent the payment Priority Mail with Delivery Confirmation, as we always do.
This proved to be a life-saver when, several years ago, the Board's servant tried to hit us up for a late fee and we proved payment was received by her in a timely fashion.
She was forced to retract the fee and apologize.

Yesterday, M received an e-mail at her work e-mail addy (which the Board's servant had been specifically-forbidden to use)...

I am in receipt of your note that was mailed along with the monthly assessment payment, real estate tax appeal payment and the money order for the fine imposed based on B’s violations of the Rules & Regulations previously reported on July 29, 2013 and August 5, 2013.
The Board of Directors has levied a $50 fine which was posted on your account and subsequently paid. 

Per your request, the Board welcomes you to attend the next scheduled Board of Director’s meeting to discuss this behavior and the fee imposed.

The next meeting is scheduled for Wednesday, December 18, 2013 at 7:00 p.m. at the (location over a mile from the condo).

M forwarded it to me for response, which I did with a vengeance...

As pointed out, since you, Board's servant, violated Section 18.4(l) of the Condominium Property Act, we reported this matter, using your own documentation, to the appropriate agencies (all four of them) and reserve our right to challenge this egrigious and flagrant violation of the Act.

You are assuming it would be at a Board meeting (which, by law, you were supposed to offer us the opportunity to speak at before imposing the fine).

Had you followed the law, you would not be in the position you are in now.

As it is, you failed miserably to do your job and will be held accountable.

We are passing on this after-the-fact attempt to cover-up your failure to the same authorities.
In addition, you were previously specifically-instructed not to contact M at her place of employment due to the time, concentration, and labor-intensive nature of her work.

All commmunications were to go through me, just as you wanted all contact with the Board to go through you.

You failed to follow those instructions.

Arbitrarily-disregarding clearly-established instructions and protocols (both by law and mutual agreement) is not proper behavior for a licensed property manager and is being reported as another, separate, case to the authorities, again, using your own documentation and documentation indicating your failure to follow both the Code and mutually-agreed instructions.

(We archive everything between the Board, property manager, and ourselves.)

Note: the Board is included in this correspondence since you included them.

I would not have included them otherwise.

I follow the rules, even if you don't, servant.

I am not the one without honor in this matter.

Any further attempt to contact M at her place of employment will be considered harrassment and reported to the authorities as yet another, seperate, case.

And that's where it stands.

If the Board's inept servant responds, we'll post it here.

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