By Darlys Walker

Published July 18, 2018  


Can a board resolution override the declaration? Of course the answer to this question should be NO! But you should check with your legal counsel. As a CAM or Broker I cannot interpret the legal answer to the question.


Now that we’ve dispensed the proper answer, let’s look at the action some boards take, believing they are acting properly, but probably are not!


“Happy Howard” lives underneath “Party Paul”. “Party Paul” hosts several loud parties weekly. “Happy Howard” sends numerous complaints to the Board, the CAM and has called the police, attempting to regain his quiet enjoyment. With no resolution in sight, “Happy Howard” sends a written request, to the Board, for conflict resolution. The wording for conflict resolution states, “A unit owner may request a conflict resolution hearing of the Board, by submitting a written request for such hearing, and the conflict to be addressed.” The Board must respond within 7 days to provide the date, time, and location of the hearing.


To “Happy Howards” surprise he receives an email from the Property Manager, two weeks after his request, stating the Board has denied his request for a hearing and previously the Board enacted a RESOLUTION that they would not hold a conflict hearing in the future, unless two or more owners were complaining at the same time.


What do you think? Is the Board justified in their refusal to hold the hearing or are they mistaking the power of a resolution, when they needed to amend their documents? What recourse do you think “Unhappy Howard” has in order to get a resolution?

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Darlys Walker, Founder and CEO of Condominium Concepts Management, Inc. (CCM), is recognized for her straight talk, subject matter expertise, and valued insights regarding real  

state management, leasing, and HOAs. Her company serves a diverse portfolio of properties, from 16-units up to 600 as well as large mixed-use developments.  


   From its beginnings in 2000, CCM has become a well-respected asset manager and now works with over 100 associations with 16,000 units served by over 300 employees. Darlys and her team deliver resources and responsiveness through six regional offices - in Orlando, Miami, Jacksonville, Charleston, Nashville and Atlanta.


   Darlys Walker is best known for her passion and precision, understanding that the only difference that matters in today's demanding marketplace is service delivery ... doing what is promised and what is right. She knows that every community serves two masters ... the property owner/developer and the resident/homeowner. "If we are not equally responsive to both, we are not doing our job," she states.  


   Her clients say it best: "Darlys really knows her stuff" ... "at the top of her profession and it shows in the caliber of her clients" ... "delivers quality resources that match up well with needs and expectations that are really rigorous."  


   She is a licensed Real Estate Broker in four states, holds an Associate's Degree in Marketing and has earned the Accredited Real Estate Manager designation from the Georgia Institute of Real Estate Management. Also she is one of few certified as a Lead-Based Paint Abatement & Removal Trainer in Georgia.


   Darlys Walker and her team have been selected to manage the condominium conversion process and day-to-day operations for many of the Southeast's most high-profile condominium communities including luxury high-rises, mid-rises and garden-style homes. Most recently she has been recognized as an expert in 're-versions' of communities from condominiums to leased homes, as well as repositioning projects. A visionary and a tireless perfectionist, Darlys demonstrates hands-on leadership, working individually with each client and staff associate to achieve defined business outcomes and satisfaction.  


  For more information about Darlys Walker and Condominium Concepts Management, Inc. please visit

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