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Questions and Answers About Community Association Law

A resident’s chimney suffered damage from what they claim is excessive vibration from a county road project just outside our homeowner association. Other residents agree the vibration that day was excessive but suffered no damage even though their homes are of the same build and timeframe. The resident with damage has motivated fellow residents that our HOA should take action on all their behalf and test homes for possible damage. Should our association initiate a conversation with an attorney in regard to this matter and if so must we report a conversation took place (incase we decline to take action)?

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[Read more…] about A resident’s chimney suffered damage from what they claim is excessive vibration from a county road project just outside our homeowner association. Other residents agree the vibration that day was excessive but suffered no damage even though their homes are of the same build and timeframe. The resident with damage has motivated fellow residents that our HOA should take action on all their behalf and test homes for possible damage. Should our association initiate a conversation with an attorney in regard to this matter and if so must we report a conversation took place (incase we decline to take action)?

What security functions would be acceptable for us to ask our front desk, valet and maintenance staff to perform? Do we need dedicated security personnel to perform security functions?

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[Read more…] about What security functions would be acceptable for us to ask our front desk, valet and maintenance staff to perform? Do we need dedicated security personnel to perform security functions?

How can we police our pool in regard to residents not bringing too many guests? What are reasonable limits and procedures?

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If there is no Rule in place that limits the number of guests that a member can bring, either at the same time or for the season… [Read more…] about How can we police our pool in regard to residents not bringing too many guests? What are reasonable limits and procedures?

Our residents are great, but getting older. Our association staff is happy to help them occasionally with lifting items, reaching for high items and even getting back up sometimes. Someone communicated to us that our staff is covered by the “Good Samaritan Law”. Does the fact that the staff receives tips matter?

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[Read more…] about Our residents are great, but getting older. Our association staff is happy to help them occasionally with lifting items, reaching for high items and even getting back up sometimes. Someone communicated to us that our staff is covered by the “Good Samaritan Law”. Does the fact that the staff receives tips matter?

Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

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[Read more…] about Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

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?

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?