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Questions and Answers About Community Association Law

If there is a disagreement between the board and manager how to present a report, who is the report represented from? Meaning if the manager is uncomfortable are they obligated to present the report as the board directs (on behalf of the board) or may they insist the board present the report themselves?

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[Read more…] about If there is a disagreement between the board and manager how to present a report, who is the report represented from? Meaning if the manager is uncomfortable are they obligated to present the report as the board directs (on behalf of the board) or may they insist the board present the report themselves?

Do management company personnel have to follow the directives of a board president, or can they insist all directives have be via the general manager? Is the general manager’s verbal promise to “protect” their personal enough to protect their jobs?

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[Read more…] about Do management company personnel have to follow the directives of a board president, or can they insist all directives have be via the general manager? Is the general manager’s verbal promise to “protect” their personal enough to protect their jobs?

We have a bar in our clubhouse. It is unused, there is no bartender, no alcohol is sold. Several residents would like to start a bottle club. They would “stock” the bar with their alcohol and on weekends hire a bartender to serve their alcohol to their group. Any resident may “join” the club. The only requirement is to provide alcohol. However, some residents feel they should be entitled to “free” drinks since the club is using the bar and storing their alcohol in bar storage. Can this group residents act as an unofficial club? If the board designates this club as official, what are reasonable accommodations for all residents to participate?

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[Read more…] about We have a bar in our clubhouse. It is unused, there is no bartender, no alcohol is sold. Several residents would like to start a bottle club. They would “stock” the bar with their alcohol and on weekends hire a bartender to serve their alcohol to their group. Any resident may “join” the club. The only requirement is to provide alcohol. However, some residents feel they should be entitled to “free” drinks since the club is using the bar and storing their alcohol in bar storage. Can this group residents act as an unofficial club? If the board designates this club as official, what are reasonable accommodations for all residents to participate?

Some original owners were entitled to special parking privileges that were grandfathered in when later boards made adjustments to reduce the amount of spaces per unit. Do those privileges belong to the unit or the owners? One original owner is claiming the unit and says that privilege passes is along to the new owner.

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[Read more…] about Some original owners were entitled to special parking privileges that were grandfathered in when later boards made adjustments to reduce the amount of spaces per unit. Do those privileges belong to the unit or the owners? One original owner is claiming the unit and says that privilege passes is along to the new owner.

We have a bar in our clubhouse. It is unused, there is no bartender, no alcohol is sold. Several residents would like to start a bottle club. They would “stock” the bar with their alcohol and on weekends hire a bartender to serve their alcohol to their group. Any resident may “join” the club. The only requirement is to provide alcohol. However, some residents feel they should be entitled to “free” drinks since the club is using the bar and storing their alcohol in bar storage. Can this group residents act as an unofficial club? If the board designates this club as official, what are reasonable accommodations for all residents to participate?

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[Read more…] about We have a bar in our clubhouse. It is unused, there is no bartender, no alcohol is sold. Several residents would like to start a bottle club. They would “stock” the bar with their alcohol and on weekends hire a bartender to serve their alcohol to their group. Any resident may “join” the club. The only requirement is to provide alcohol. However, some residents feel they should be entitled to “free” drinks since the club is using the bar and storing their alcohol in bar storage. Can this group residents act as an unofficial club? If the board designates this club as official, what are reasonable accommodations for all residents to participate?

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?