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Questions and Answers About Community Association Law

Do we need the approval of all homeowners to add their contact information to a community directory that will be shared with all the members? What can a shared directory contain? Names, home addresses, phone, email addresses?

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[Read more…] about Do we need the approval of all homeowners to add their contact information to a community directory that will be shared with all the members? What can a shared directory contain? Names, home addresses, phone, email addresses?

We have a homeowner that has started up an email address using our associations name. He is using it for the upcoming election with some advice for people regarding the ballot. Is that a misrepresentation of an email coming from the association? When homeowners get it they are thinking that it is coming from the management company and the Board of Directors. This has caused a lot of confusion about the upcoming election.

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[Read more…] about We have a homeowner that has started up an email address using our associations name. He is using it for the upcoming election with some advice for people regarding the ballot. Is that a misrepresentation of an email coming from the association? When homeowners get it they are thinking that it is coming from the management company and the Board of Directors. This has caused a lot of confusion about the upcoming election.

When a condo collects a judgment via wage garnishment, does the condo also need to provide “credits” towards that judgment in the amounts of the regular monthly maintenance fees that the Unit Owner is paying each month? In other words, does ANY new payment that is made have to be applied to the judgment balance (i.e. payments applied to oldest outstanding balance)? Or do monthly maintenance fees count towards that month’s maintenance fees, and the wage garnishments apply against the judgment?

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[Read more…] about When a condo collects a judgment via wage garnishment, does the condo also need to provide “credits” towards that judgment in the amounts of the regular monthly maintenance fees that the Unit Owner is paying each month? In other words, does ANY new payment that is made have to be applied to the judgment balance (i.e. payments applied to oldest outstanding balance)? Or do monthly maintenance fees count towards that month’s maintenance fees, and the wage garnishments apply against the judgment?

We have owners would like to install a pellet stoves in their units. There is nothing mentioned in the governing docs, but we have architectural control. The building inspector said they would require approval from the association before issuing a permit. Townhouse residents are nervous about these kind of stoves. Would the recommendation of an engineering inspection in regard to safety be called for?

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[Read more…] about We have owners would like to install a pellet stoves in their units. There is nothing mentioned in the governing docs, but we have architectural control. The building inspector said they would require approval from the association before issuing a permit. Townhouse residents are nervous about these kind of stoves. Would the recommendation of an engineering inspection in regard to safety be called for?

We have received a smoking complaint from a unit owner who suffers from COPD. Their unit neighbor rejects any cooperation with the association besides their verbal statement they are not the cause of the issue. We are a small townhouse association. Are we obligated as a board to anymore than we have?

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[Read more…] about We have received a smoking complaint from a unit owner who suffers from COPD. Their unit neighbor rejects any cooperation with the association besides their verbal statement they are not the cause of the issue. We are a small townhouse association. Are we obligated as a board to anymore than we have?

We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

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A very laudable idea but I would not suggest that an Association “sponsor” such a group. The fact that a group of people with a common interest lives within a certain association does not suggest that the group’s activities should be “sponsored” by [Read more…] about We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

What are the interim guidelines for having a homeowner meeting (via zoom) during the pandemic? Our meetings are generally held in June. Is there a time limit on postponing the meeting? We are trying to get unfinished business completed before we schedule our annual meeting.

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[Read more…] about What are the interim guidelines for having a homeowner meeting (via zoom) during the pandemic? Our meetings are generally held in June. Is there a time limit on postponing the meeting? We are trying to get unfinished business completed before we schedule our annual meeting.

When we contact resident’s about violations we get beat up on, bullied and slandered on social media. Our approach so far has been the “high road” and not respond. We’re starting to feel like we did not give up our rights to defend our reputations when we joined the board. What is our association’s responsibility and our right as a board to use the association’s resources to defend our reputations when attacked in relationship to our volunteer positions?

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[Read more…] about When we contact resident’s about violations we get beat up on, bullied and slandered on social media. Our approach so far has been the “high road” and not respond. We’re starting to feel like we did not give up our rights to defend our reputations when we joined the board. What is our association’s responsibility and our right as a board to use the association’s resources to defend our reputations when attacked in relationship to our volunteer positions?

One of our residents is installing a generator (against rules) with a doctor’s note that is it a medical requirement because of an undisclosed phobia. The board was provided with a local psychiatrist’s note. Do we allow it and how do we explain it’s allowance to the rest of community with out disclosing a resident’s medical condition?

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[Read more…] about One of our residents is installing a generator (against rules) with a doctor’s note that is it a medical requirement because of an undisclosed phobia. The board was provided with a local psychiatrist’s note. Do we allow it and how do we explain it’s allowance to the rest of community with out disclosing a resident’s medical condition?