Can Condo ByLaws Be Legally Enforced?

This weekend's Boston Homes: The Complete Guide , aka, the real estate bible, ran a question/answer pertaining to condo bylaws. Linda Goodspeed was presented with the question, "How can I get the trustees of my condominium association to enforce the association's bylaws (evenly)?"

Goodspeed, the ever-steady pragmatist, writes, in response, "It's not pretty, but the short answer to your question is, 'You can't.'".

Godspeed exposes the rub that is owning a condo-that is, you are NOT ALONE. You have to concern yourself with the people in the building because you will be exposed to their problems, noises, odors, and all their "accoutrement's" of life. The condo docs and bylaws are (or should be) recorded documents that have legal weight in a court of law...but the path to get to this court of law is paved with {not-so} good intentions and even more of a concern for most people, money. Lots of money.

Goodpeed writes that the best route to advocate for equal enforcement in a building is to reason with the trustees, or to form an allegiance with other residents who feel the same way you do. Arbitration in the legal bowels of the judicial court are to be avoided at all cost. Remember, you LIVE with these people.

If you are the type of person who cannot deal with the arbitrary actions of other people, then you should be wary of buying into a building with many units. Consider a single family or multifamly where you can dictate the order of business around the building. Or, if your budget only affords you a condo run for trustee yourself!