Condominium Bylaws and Declaration of Covenants in North Dakota | O'Keeffe O'Brien Lyson Attorneys

Condominium Bylaws and Declaration of Covenants in North Dakota

More and more people in North Dakota are again moving into condominiums. Condominiums are managed by condominium associations. These associations act in accordance with the terms and conditions that are described in condominium association bylaws. Because these agreements frequently contain controlling elements, it is important for individuals who wish to live in condominiums to understand the role of these bylaws. It is also important for individuals who experience difficulties with bylaws or other controlling condominium association documents to retain the assistance of skilled Fargo legal counsel.

Condominium Association Bylaws

Condominium Associations create bylaws that dictate how the condominium is to be managed. Condominium associations are governed by a board of directors who follow these bylaws. These bylaws usually describe how condominium associations are run, how often the association will hold meetings, the way in which meetings should be conducted, the duties of the offices of the board of directors, a list of how many people are on the board of directors, and an explanation of the terms of membership voting. Individuals who live in condominiums or people who anticipate living in condominiums should read the condominium association bylaws as soon as possible to fully understand these laws.

One of the most important elements to understand about condominium bylaws is that these rules are frequently difficult to change because, in most cases, a super majority of more than fifty percent voting is required in order to amend them. Because these terms are likely to remain the same, it is important to make sure that they are agreeable to you. 

Covenants and Restrictions

Covenants, Conditions, and Restriction (which are also referred to as CC&Rs) are often very long documents that establish what areas are subject to governing documents. CC&Rs apply to each condominium owner’s use of the property as well as a description of how common areas in the condominium are maintained and used. Some of the most common areas encompassed in CC&Rs include antennas, clotheslines, fence setbacks, garbage can requirements, limitations on the types of pets a person can own, and restrictions on commercial or industrial operations. Sometimes CC&Rs contain terms that are against the law and therefore unenforceable in accordance with laws in the state of North Dakota.

Condominium users are required to follow the terms of CC&Rs. CC&Rs in North Dakota are recorded in the Recorder’s Office in the county in which the development is located. In many cases, bylaws are included in CC&Rs. People who live in condominiums are required to follow the terms of CC&Rs. Violations of CC&Rs can result in individuals facing fines, forced compliance with CC&Rs, and even being named as a defendant in a lawsuit initiated by the condominium association. 

Consult with a Skilled North Dakota Attorney

To understand the various elements contained in agreements with a condominium association, it can be vital to retain the assistance of a knowledgeable property law attorney. If you have specific questions about the terms of an agreement made with your condominium association, do not hesitate to contact Fargo attorney Dean Rindy at O’Keeffe O’Brien Lyson Attorneys. Call Dean at 701-235-8000 or 877-235-8002.