Common areas BH
I live in a townhome condo association in Georgia. In my building there is a person/tenant who owns a bounce house business. While he does not have his office in the unit nor receives any business traffic at the unit he has decided to blow up bounce houses at the back of the building and cleans them. He uses chemicals, small amounts of water, has wires all over the grass and has been observed sometimes letting his kids get into the them in the past. He parks around the building on spots that are assigned to others and has blatantly refused to stop. He claims he has insurance. I have complained to the board about this and others have as well verbally and in writing and management is VERY aware. At first the entire board was against this incl. management a. declared it was against the bylaws and fined him which met extremely strong resistance as well as personal inappropriate and defamatory statements made against members who did not approve of this. I do not know what happened in the meantime but all of a sudden the majority of the BoD changed their minds, may it be due to laziness in enforcement, fear of retaliation or just plain stupidity or maybe even some type of other reason. Therefore, the board in it's infinite wisdom decided to officially allow this activity despite the fact that the common areas are not to be used for business purposes which was also pointed out by association's counsel! Even though he just cleans the bounce houses the cleaning of itself is part of a business activity that creates him income. He claims not to use the common water spicket yet that is contrary to some observance. He claims no children enter the houses. These houses need to be cleaned off property and most importantly there is the huge liability issue as well. There are children living here and there could easily be a situation where a child will enter the bouncehouse in the event he just leaves the area to go around the building to the truck or into his unit! It is also "absolutely certain" that the property's insurance carrier WILL not cover any damages caused by him including any injuries or even death if someone's child got hurt or in case of any other damages. The board members themselves in an official board meeting determined A) that this activity was NOT a business activity and B) "because we all have to get along in the community" the basis for their decision. In my opinion they seem to have forgotten to whom their loyalty is and what fudiciary duty is. I believe this to be a breach of this duty and borderline negligent due to the fact that I think it may expose the board members who did not agree with the decision as well as possibly even the association members to liability should his policy lack or be unwilling to pay in case of injury or death. Yet they have dug in their heals and will not change decision. No documentation was provided to the association on his insurance and if it is adequate! We would appreciate any advise on what homeowners can do to get this decision reversed before something happens. Also, if he is allowed to do this anyone can come home from work and conduct cleaning and repair operations on common grounds such as cleaning your taxi cab or ice cream truck. Help ! thanks
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