[Read more…] about As a board member, I sent my own attorney an agreement currently under review. I feel my own attorney is an extension of myself and therefore should be allowed to review the documents. A majority of my fellow board members say no and now say I will no longer be allowed to sit in or receive documents related to this issue. Of course my mistake was saying something, but can they do that?
Questions and Answers About Community Association Law
[Read more…] about Our condo master deed and rules don’t get into specifics of flooring types. A ceramic floor was installed improperly, and the board receives complaints from the resident under that unit. I have heard the noise and it’s terrible. The resident who had the floor installed has no interest in this issue. As a board, what should or can we do? The resident underneath is a great, long time resident.
[Read more…] about A fellow board member, in my opinion, has been treating one of our residents unfairly. It does not go beyond illegal activity, but it is close. This resident has reported the board member to the local authorities and management company. Expressing my opinion unofficially to the board member has not provided this resident any relief. What else can I do in my official and unofficial capacity, and am I putting the association at any risk by taking or not taking action?
[Read more…] about Our community is split into three distinct communities, with a master homeowner association in control of the clubhouse, pool, and sports courts. One of the three communities voted approval to amend the offering plan and bylaws to take fiduciary duties from the board of directors, and manage their property by themselves. The above facilities (clubhouse, pool, courts) sit on land within that independent community. Why do homeowners who voted to manage their own community have to fund operations of a facility on their property used by the other two communities with no compensation? Our water is used to irrigate the lawn, our roads are used to gain entry to the clubhouse and our lots are used by guests to park in.
[Read more…] about The previous board did not create a reserve for roof repairs and we know we have to apply a $5000 or so assessment. Unfortunately, the assessment will destroy the community politically. We are the first board in a long time doing the right thing. As a board we are debating whether or not we underfund the project, for the long-term health of the association. How does fiduciary duty stand up against taking action the board knows will drive the community apart?
[Read more…] about I am on the board of directors in my condo community. Some people bought electric cars, which is great. But they run their power cord across the sidewalk to their parked car. We are concerned about snow plows, residents tripping and so on. Do we have the right to make them install a charging station in their parking spot?
[Read more…] about I am a manager. Increasingly myself and staff are asked to engage in unethical behavior (not illegal). I am currently in a position where I must report all communications with certain residents to the president before responding. Sometimes I am not allowed to respond (to even basic requests). I would be fired in the heartbeat if I do not tow the line. Do I have any recourse?
[Read more…] about We’ve been told that funds collected for special assessments can be used only for the specific purpose for which they were passed and approved, and that we need to give written notice of the specific purpose to all members and then can use the money only for that purpose. Can the board change the purpose of the special assessment and add it as a part of an increased fee? Are there any special accounting requirements?