Even a condo president and Board can make a decision to build a wall around their community.
BUILDING A WALL
Suppose your condo President was able to prove that as a result of not having a protective gate or wall around your community, there is resulting crime and trespass? Can the Board of Directors simply order a gate to be built around the community? The answer is YES.
In Williams v. Sky Harbour Condominium Apartments, the arbitrator held that unit owner approval was not required for the construction of a fence on the condominium property where the condominium building, located in busy Tampa Bay, was vulnerable to intrusion by persons without any legitimate connection to the project.
The incidents ranged from potentially serious attacks on persons, to trespass on the property and in the pool, to theft of property, and to unauthorized fishing. See also Southridge Homeowners Association, Inc. v. Barbieri, Arb. Case No. 94-0382, Summary Final Order (December 27, 1994)(association could have properly determined to install security lights without a vote of the owners if there existed convincing factual predicate that the board's action was necessary to protect the common elements or inhabitants from a known danger).
In the instant case, the association demonstrated that people with no legitimate business on the condominium property had entered the property from the UniVest parking lot; a few thefts, a break-in and vandalism had occurred; trash from the parking lot was blowing into the condominium property; and a large number of unit owners felt unsafe and worried about the potential theft of their cars without a fence between them and the UniVest parking lot.
In short, a threat existed. Installation of a fence was a reasonable response to this threat.
LegalBeat
Now if the president declares a national emergency at our border, will the Supreme court agree?
