AHN

ASSOCIATIONHELPNOW

AHN Staff

Our offering plan states all costs and maintenance associated with a limited common element (in this case patios) shall be the sole responsibility of the Board of Managers and treated as a common element. Our association has standard patios built by the developer along with larger patios expanded by contractors. Many of the patios at this time require repair. Our Board of Managers feels we are only responsible for original unaltered patios. However some feel a credit should be applied for altered patios as we would be offering maintenance in some manner anyway. Comments?

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[Read more…] about Our offering plan states all costs and maintenance associated with a limited common element (in this case patios) shall be the sole responsibility of the Board of Managers and treated as a common element. Our association has standard patios built by the developer along with larger patios expanded by contractors. Many of the patios at this time require repair. Our Board of Managers feels we are only responsible for original unaltered patios. However some feel a credit should be applied for altered patios as we would be offering maintenance in some manner anyway. Comments?

I am on the board of a 52 unit building, one board member wants to make it a smoke free building including the owners private units. Could the master deed be changed to make it a smoke free building? If it is allowed how difficult would it be enforce , if the unit owner simply states that they are not smoking in there unit and it is coming from another unit , how could the board enforce such a policy without any evidence?

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[Read more…] about I am on the board of a 52 unit building, one board member wants to make it a smoke free building including the owners private units. Could the master deed be changed to make it a smoke free building? If it is allowed how difficult would it be enforce , if the unit owner simply states that they are not smoking in there unit and it is coming from another unit , how could the board enforce such a policy without any evidence?

Accounting (NJ)

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Mirra & Associates, LLC
Marie Mirra
1000 Courtyard Dr
Hillsborough, NJ 08844-4287
(908) 281-4500
mmirra@mirracpas.com
www.mirracpas.com

Wilkin & Guttenplan, P.C.
Mohammed Salyani
1200 Tices Ln
East Brunswick, NJ 08816-1335
(732) 846-3000
msalyani@wgcpas.com
www.wgcpas.com

Some members of our board want to make a resolution limiting the number of dogs each unit owner can have to two dogs. However, the majority of board members say this can’t be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by a certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

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[Read more…] about Some members of our board want to make a resolution limiting the number of dogs each unit owner can have to two dogs. However, the majority of board members say this can’t be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by a certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

If someone serves on a board who sold their unit and therefore is no longer an owner and it is found they were serving in violation of the bylaws, are they covered under the D&O from the time period they sold their unit?

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[Read more…] about If someone serves on a board who sold their unit and therefore is no longer an owner and it is found they were serving in violation of the bylaws, are they covered under the D&O from the time period they sold their unit?

We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

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[Read more…] about We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked the board if we would allow them to do a three month summer rental, we advised them that they can not. The following day they listed the unit with a realtor for a three month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there a legal perspective that these actions would warrant removal from the board?

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[Read more…] about I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked the board if we would allow them to do a three month summer rental, we advised them that they can not. The following day they listed the unit with a realtor for a three month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there a legal perspective that these actions would warrant removal from the board?

If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

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[Read more…] about If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

We have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?

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[Read more…] about We have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?