We did purchase our apartment and though it be a condominium,
we also purchased the Balcony itself, its railings and support beams. They of course, while all are outside our
apartment, are nonetheless appurtenant to our property, alone. Therefore, are we not as an owner, responsible
for their repair and maintenance?
I diligently perused my copy of the House Rules, seeking information on mounting a flag from my balcony. Not a word did I find there. However, being a retired insurance man, I decided to play safe and ask about the matter at a homeowner’s meeting. There I obtained permission to mount a flag from my balcony, but when I did so, I received a warning letter which arrived the 24th of December 2019 giving me until 25th to remove it. I complied with it on the 24th yet I was charged a fine of $75.
Though that fine has been reversed. It lead me to question; at what meeting, did 60% of the homeowners approve the tripling of our fines? Yes, I am aware of rule 26, which has the words (Bylaws) inserted directly after the words Board Authority. Rule 26 gives unto the board members absolute dictatorial power over all residents. Totally in defiance of AK State Condominium law Section 34.07.020. item 11 ‘except that not less than 60% of apartment owners may consent to any amendment.’ To comply, Rule 26 needs to be voided.
We have been resident here since Feb. 2018 and have not been asked to vote on this matter. Note: It does not say 60% of the approximately 10 -12 persons who normally attend board meetings. I therefore, suggest we get back in compliance with AK State Condominium law and refund overcharges already made.
Re: House Rule 9; classifying my balcony beam as a limited common area, would apparently to take from me legal ownership rights. Kindly check AK Condominium Law Section 34.07.100 ‘’Separation of apartment ownership from common areas and facilities ownership prohibited, even though the interest is not expressly mentioned or described in the conveyance or other instrument’’ I am therefore legally entitled to access my balcony support beams.
Further: Rule 26 needs too comply with Section 34.07.450 ‘’Association of apartment owners’’ means all the apartment owners acting as a group in accordance with the bye laws and with the recorded declaration. This does not give the board members dictatorial authority over the membership.
I wound not have researched any of these matters but for receiving a flag violation fine after I had had your verbal permission to proceed. In days of yore, a gentleman’s word was his bond. Apparently not so today. Today, one must have any agreement in writing, so I hereby submit a Design Review Submittal form which I obtained from Anthony Picaso the resident manager. Kindly confirm your original permission to mount the flag from my property.
Since I have brought all these matters to your attention, please make the necessary corrections. House rules do not override State law, just as state law cannot override the constitution. And so, we can all remain a good law-abiding people.
Agreed, going to law, costs money, I do not desire to go that route.
Hopefully, you will not consider the National Flag an Unsightly Decoration.
Respectfully,
John J Kiernan
P.S. United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 1 of Title 4 of the United States Code. This is a U.S. federal law, but the penalty described in Title 18 of the United States Code for failure to comply with it is not enforced. This etiquette is as applied within U.S. jurisdiction.
I diligently perused my copy of the House Rules, seeking information on mounting a flag from my balcony. Not a word did I find there. However, being a retired insurance man, I decided to play safe and ask about the matter at a homeowner’s meeting. There I obtained permission to mount a flag from my balcony, but when I did so, I received a warning letter which arrived the 24th of December 2019 giving me until 25th to remove it. I complied with it on the 24th yet I was charged a fine of $75.
Though that fine has been reversed. It lead me to question; at what meeting, did 60% of the homeowners approve the tripling of our fines? Yes, I am aware of rule 26, which has the words (Bylaws) inserted directly after the words Board Authority. Rule 26 gives unto the board members absolute dictatorial power over all residents. Totally in defiance of AK State Condominium law Section 34.07.020. item 11 ‘except that not less than 60% of apartment owners may consent to any amendment.’ To comply, Rule 26 needs to be voided.
We have been resident here since Feb. 2018 and have not been asked to vote on this matter. Note: It does not say 60% of the approximately 10 -12 persons who normally attend board meetings. I therefore, suggest we get back in compliance with AK State Condominium law and refund overcharges already made.
Re: House Rule 9; classifying my balcony beam as a limited common area, would apparently to take from me legal ownership rights. Kindly check AK Condominium Law Section 34.07.100 ‘’Separation of apartment ownership from common areas and facilities ownership prohibited, even though the interest is not expressly mentioned or described in the conveyance or other instrument’’ I am therefore legally entitled to access my balcony support beams.
Further: Rule 26 needs too comply with Section 34.07.450 ‘’Association of apartment owners’’ means all the apartment owners acting as a group in accordance with the bye laws and with the recorded declaration. This does not give the board members dictatorial authority over the membership.
I wound not have researched any of these matters but for receiving a flag violation fine after I had had your verbal permission to proceed. In days of yore, a gentleman’s word was his bond. Apparently not so today. Today, one must have any agreement in writing, so I hereby submit a Design Review Submittal form which I obtained from Anthony Picaso the resident manager. Kindly confirm your original permission to mount the flag from my property.
Since I have brought all these matters to your attention, please make the necessary corrections. House rules do not override State law, just as state law cannot override the constitution. And so, we can all remain a good law-abiding people.
Agreed, going to law, costs money, I do not desire to go that route.
Hopefully, you will not consider the National Flag an Unsightly Decoration.
Respectfully,
John J Kiernan
P.S. United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 1 of Title 4 of the United States Code. This is a U.S. federal law, but the penalty described in Title 18 of the United States Code for failure to comply with it is not enforced. This etiquette is as applied within U.S. jurisdiction.
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