Q: Please explain the difference between a condominium declaration and the bylaws.I am a new member of our board of directors, and no one seems to understand what these documents really are.

A: As a board member, it is your responsibility to familiarize yourself with all of your condominium documents. Generally, these include the declaration, bylaws, plats and plans and, in many cases, any rules or regulations that have been adopted over the years by your association’s board of directors.

Generally speaking, the declaration is the document that creates the condominium. (It gets its name because it “declares” that the condominium has been created.) To make it legal and operational, it is recorded in the land records in the county where your condominium is located.

The declaration spells out basic principles. For example, in every condominium there are three distinct legal entities: common elements, limited common elements and units. The declaration defines these three areas.

The declaration also spells out the specific percentage interest that each owner has in the condominium. Voting and condo fee payments are based on that percentage. You should add up those percentage interests to make sure they equal 100 percent.

The bylaws spell out the day-to-day operations of the association. Generally, bylaws include the legal requirements for a quorum, how many members are to be on the board of directors and the general guidelines for living in the association, such as any pet restrictions and rental procedures.

If your association is more than 10 years old, and the bylaws have remained unchanged, you and the other board members may want to consider making updates. Times have changed. More important, most condominium documents were written by developer lawyers for the primary benefit of the developer. As a board member, you have a responsibility to ensure that owners can live with your condo documents.

The declaration and bylaws of your association are your constitution. Even the U.S. Constitution has been amended over the past 200 years.

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Q: I have a complaint against my mortgage lender. It did not credit me with the additional principal payment I made a couple of months ago, even thought I sent several letters and proof of the payment. Any suggestions?

A: I have long advocated for making additional monthly mortgage payments if you are financially able. By doing so, you will significantly reduce the length of the loan.

However, if you make such a payment, you have to make a note that it is an extra principal payment. I always write on the bottom of the check “additional payment of XXX” and fill in the loan notice form with the same language.

Otherwise, the lender’s system has no way of knowing how or where to credit the extra money.

To answer your question, I would file a complaint with the Consumer Financial Protection Bureau (www.consumerfinance.gov). I know there are moves in Congress and in the White House to weaken its authority, but for the time being the agency is alive and well.

Once you file a complaint, the lender will be notified and will have to respond promptly to the CFPB.

Benny Kass is a practicing attorney in Washington, D.C., and in Maryland. He does not provide specific legal or financial advice to any reader. Readers may email him, but he cannot guarantee a personal response.

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