Comments for Maine Condo http://mainecondo.com/blog Maine Condominium Blog Fri, 02 Jul 2010 19:27:36 +0000 hourly 1 http://wordpress.org/?v=3.0 Comment on Smoke free policies – a misleading claim from Smokefreeforme.org by Joe http://mainecondo.com/blog/?p=44&cpage=1#comment-1773 Joe Fri, 02 Jul 2010 19:27:36 +0000 http://mainecondo.com/blog/?p=44#comment-1773 Hi, Sorry I didn't notice your post. Controlling smoking in the units is more difficult than smoking in the common areas. The limited common areas are a subset of the common areas and the Board may have the power to control smoking there by rule, if it chooses to do so, because generally the Board has more control over the common areas. Joe Hi,

Sorry I didn’t notice your post. Controlling smoking in the units is more difficult than smoking in the common areas. The limited common areas are a subset of the common areas and the Board may have the power to control smoking there by rule, if it chooses to do so, because generally the Board has more control over the common areas.

Joe

]]> Comment on Smoke free policies – a misleading claim from Smokefreeforme.org by Joe http://mainecondo.com/blog/?p=44&cpage=1#comment-566 Joe Mon, 26 Oct 2009 20:34:04 +0000 http://mainecondo.com/blog/?p=44#comment-566 Hello David, and thanks for you comment. I expected that the folks from smokefreeforme would take issue. I don't necessarily disagree with your sentiments; only your conclusion about the state of the law in Maine. It is true that many condominiums restrict animals on the premises because of their use of the common elements to do their thing, and perhaps because barking, even inside the unit, can cause annoyance. These restrictions generally are written into the original declaration or bylaws; it is very unusual to see amendments to those documents which purport to prohibit animals. The cases I have heard about where they did had a "grandfathering" provision; existing dogs are not thrown out but replacements are prohibited. It is much more problematic for a single unit owner to be able to stop the owner of another unit from smoking in their own unit, in the absence of action by the Association. I know that, theoretically, there is the legal remedy of nuisance, but I have seen no cases in Maine (and I have looked) where a court has stopped a unit owner from smoking in his unit. The issue is being actively discussed in the condominium community, and it is possible, even likely, that your position will be a legal trend. But your organization misstates the facts when it says that the legal remedies exist now. Cordially, Joe Carleton Hello David, and thanks for you comment. I expected that the folks from smokefreeforme would take issue. I don’t necessarily disagree with your sentiments; only your conclusion about the state of the law in Maine. It is true that many condominiums restrict animals on the premises because of their use of the common elements to do their thing, and perhaps because barking, even inside the unit, can cause annoyance. These restrictions generally are written into the original declaration or bylaws; it is very unusual to see amendments to those documents which purport to prohibit animals. The cases I have heard about where they did had a “grandfathering” provision; existing dogs are not thrown out but replacements are prohibited.

It is much more problematic for a single unit owner to be able to stop the owner of another unit from smoking in their own unit, in the absence of action by the Association. I know that, theoretically, there is the legal remedy of nuisance, but I have seen no cases in Maine (and I have looked) where a court has stopped a unit owner from smoking in his unit. The issue is being actively discussed in the condominium community, and it is possible, even likely, that your position will be a legal trend. But your organization misstates the facts when it says that the legal remedies exist now.

Cordially, Joe Carleton

]]> Comment on Smoke free policies – a misleading claim from Smokefreeforme.org by David Lane http://mainecondo.com/blog/?p=44&cpage=1#comment-565 David Lane Mon, 26 Oct 2009 19:05:10 +0000 http://mainecondo.com/blog/?p=44#comment-565 It would seem like if a condominium board of directors can restrict an owner from having a dog or cat in their units and on the grounds they certainly should be within their rights to restrict smoking in individual units. The poor is certainly there. Smoking and second hand smoke is dangerous to everyone's health. Smoking in condominiums needs to be eliminated. Now if a person lives in a single family detached house that might be a different story. More power to the condominium in placing severe restrictions. Clear the air on this!!!! It would seem like if a condominium board of directors can restrict an owner from having a dog or cat in their units and on the grounds they certainly should be within their rights to restrict smoking in individual units. The poor is certainly there. Smoking and second hand smoke is dangerous to everyone’s health. Smoking in condominiums needs to be eliminated. Now if a person lives in a single family detached house that might be a different story. More power to the condominium in placing severe restrictions. Clear the air on this!!!!

]]> Comment on Legislature considers new law protecting associations in foreclosure. by Obama Loan Plan http://mainecondo.com/blog/?p=18&cpage=1#comment-59 Obama Loan Plan Mon, 04 May 2009 00:54:17 +0000 http://mainecondo.com/blog/?p=18#comment-59 Good post - I found this while scanning google for foreclosue info - added ya to my G Reader, Keep up the good work. Looking forward to reading more. Mark Good post – I found this while scanning google for foreclosue info – added ya to my G Reader, Keep up the good work. Looking forward to reading more. Mark

]]> Comment on Legislature considers new law protecting associations in foreclosure. by Orlando Mortgages http://mainecondo.com/blog/?p=18&cpage=1#comment-30 Orlando Mortgages Wed, 08 Apr 2009 13:34:10 +0000 http://mainecondo.com/blog/?p=18#comment-30 I found your blog via Google while searching for orlando mortgages, thank you for posting Legislature considers new law protecting associations in foreclosure.! I found your blog via Google while searching for orlando mortgages, thank you for posting Legislature considers new law protecting associations in foreclosure.!

]]> Comment on Legislature considers new law protecting associations in foreclosure. by Tony Orlando http://mainecondo.com/blog/?p=18&cpage=1#comment-17 Tony Orlando Sun, 22 Mar 2009 19:44:23 +0000 http://mainecondo.com/blog/?p=18#comment-17 I finally decided to write a comment on your blog. I just wanted to say good job. I really enjoy reading your posts. I finally decided to write a comment on your blog. I just wanted to say good job. I really enjoy reading your posts.

]]> Comment on Proxies by Everett Boynton http://mainecondo.com/blog/?p=8&cpage=1#comment-4 Everett Boynton Sat, 31 May 2008 17:38:23 +0000 http://mainecondo.com/blog/?p=8#comment-4 We are a self-managed condo ass'n. We have a few self-styled hobbyist gardeners who try valiantly to become autonomous and uncontrolled in their desire to plant trees and other things in common areas. Not limited common areas, but common areas. They also look to acquiring a portion of the budget. Any other places infested with these pests? We are a self-managed condo ass’n. We have a few self-styled hobbyist gardeners who try valiantly to become autonomous and uncontrolled in their desire to plant trees and other things in common areas. Not limited common areas, but common areas. They also look to acquiring a portion of the budget.
Any other places infested with these pests?

]]> Comment on Proxies by Everett Boynton http://mainecondo.com/blog/?p=8&cpage=1#comment-3 Everett Boynton Sat, 31 May 2008 17:34:40 +0000 http://mainecondo.com/blog/?p=8#comment-3 We have had owners who do not live here, but do allow their mothers to live in the unit. What is the "legality" of a non-owner presenting a signed proxy for counting? We have had owners who do not live here, but do allow their mothers to live in the unit. What is the “legality” of a non-owner presenting a signed proxy for counting?

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