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Questions and Answers About Community Association Law

We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

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[Read more…] about We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked the board if we would allow them to do a three month summer rental, we advised them that they can not. The following day they listed the unit with a realtor for a three month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there a legal perspective that these actions would warrant removal from the board?

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[Read more…] about I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked the board if we would allow them to do a three month summer rental, we advised them that they can not. The following day they listed the unit with a realtor for a three month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there a legal perspective that these actions would warrant removal from the board?

If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

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[Read more…] about If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

We have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?

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[Read more…] about We have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?

We do not have listed in our CC&Rs that pools are not allowed. We had a resident submit their plans twice, before deciding we don’t want to allow more pools, period. The resident claims they are “grandfathered in” since we had started the approval process. Are they correct?

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[Read more…] about We do not have listed in our CC&Rs that pools are not allowed. We had a resident submit their plans twice, before deciding we don’t want to allow more pools, period. The resident claims they are “grandfathered in” since we had started the approval process. Are they correct?

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?

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[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?

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.

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[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.

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?

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[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?

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.

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[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.