I would question (doubt?) that purchasing additional cameras to bring the existing security system to a level of function initially promised/expected to address a specific lack of coverage, would be considered a capital improvement by your fellow owners to the point where they’d risk thousands of dollars in legal fees to sue the Corporation. I’m no lawyer, but I will guess a judge would award costs against a plaintiff believing the case to be a nuisance.
I would ask your doubting Board members to bring a legal opinion to the discussion and, if they won’t, point out that capital improvement by special resolution was targeted at real property and substantial changes to the use of the condo, not at going from 8 chairs to 12 chairs in the common areas (nor 8 cameras to 24 for security).
Please do NOT budget the initial purchase and installation from the Reserve Fund (it’s pretty clear that is prohibited); simply increase condo fees for one year and add a specific line item in that year’s budget for security system upgrades. And have a full discussion of whether 8 cameras, 12 cameras, or 24 cameras is appropriate for your complex.
Arylnn P on November 22 2017 at 03:13 PM