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Questions and Answers About Community Association Law

My building’s super is also a shareholder. He also serves on the board. I think this is a conflict of interest, as he is basically his own boss and has a voting bloc that approves anything he does. Is this a conflict of interest? I cannot get some of my fellow shareholders to realize this.

April 12, 2021 by AHN Staff

[Read more…] about My building’s super is also a shareholder. He also serves on the board. I think this is a conflict of interest, as he is basically his own boss and has a voting bloc that approves anything he does. Is this a conflict of interest? I cannot get some of my fellow shareholders to realize this.

Filed Under: Questions and Answers About Community Association Law Tagged With: Sean A. O’Connor

We have been told we could be sued for age discrimination if do not remove the rule and signage that no one under the age of 16 was allowed to use the pool without an adult. Is that true?

April 3, 2021 by ahnbrainerd

[Read more…] about We have been told we could be sued for age discrimination if do not remove the rule and signage that no one under the age of 16 was allowed to use the pool without an adult. Is that true?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, John Gettinger, Sean A. O’Connor

Can a property management company, under direction of the board be sued for statements placed in a newsletter if an owner claims they are libelous?

March 21, 2021 by AHN Staff

[Read more…] about Can a property management company, under direction of the board be sued for statements placed in a newsletter if an owner claims they are libelous?

Filed Under: Questions and Answers About Community Association Law Tagged With: Sara A. Austin, Sean A. O’Connor

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?

February 26, 2021 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: Sara A. Austin, Sean A. O’Connor

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.

February 23, 2021 by AHN Staff

[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.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin

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?

February 8, 2021 by Melanie Manangan

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Eric J. Phillips, Karl T. Meth, Sara A. Austin, Stacey R. Patterson

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?

February 2, 2021 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David Chesky

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?

January 22, 2021 by ahnbrainerd

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Eric J. Phillips, Kenneth Jacobs

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?

November 12, 2020 by ahnbrainerd

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?

Filed Under: New Jersey, Pennsylvania, Questions and Answers About Community Association Law, South Carolina CAI Tagged With: David G. Hellmuth, Francis J. McGovern, Patrick O'Dea, Sara A. Austin

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.

October 21, 2020 by ahnbrainerd

[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.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin

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