[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.
Questions and Answers About Community Association Law
[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?
[Read more…] about My wife and I are planning to buy a home in a 55 and over HOA with single family homes. I’m just 55 now, and my wife is a few years younger. We have one child who is only 25 who lives independently in another state. We’re a little concerned, should something happen to my wife and I, would our son still be able to inherit the property? In order to purchase in the community, at least one owner needs to be least 55 or older.
[Read more…] about A lawsuit was filed in our community about the interpretation of a clause in the offering plan. Both sides have Directors and Officers (D&O) coverage and legal counsel provided through the insurance carrier. However, one side has hired private legal counsel and spent homeowners common fees to pay an estimated $45,000 in legal fees. Can they be held liable to reimburse the homeowners for this? Their lawyer warns of another 100 billable hours at $450 per hour if this lawsuit continues.