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David C. Wilson

We want to add an additional clubhouse. The majority of the board says as this falls under CCRs and no owner input is required. My concern is this is a multi-million project. Can this decision be held against me down the road in I vote yes with out owner input?

November 10, 2019 by AHN Staff

[Read more…] about We want to add an additional clubhouse. The majority of the board says as this falls under CCRs and no owner input is required. My concern is this is a multi-million project. Can this decision be held against me down the road in I vote yes with out owner input?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, Lewis Montana, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

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?

January 3, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: Alan Silverman, Brian Weaver, David C. Wilson, David G. Hellmuth, Jason Keller, John Harris Gettinger, Kenneth Jacobs, Lewis Montana, Nancy Durand, Rinaldo Acri, Sara A. Austin, Stephen Buschmann

We recently updated our community’s rules and regulations regarding ARB approvals. In those changes, the buffer a resident installed to a propane tank was deemed to be in violation. The original buffer confirmed to the existing regulations and was approved by the ARB when installed, but the ARB was controlled by the builder at the time. Is the current board under any obligation to honor the prior documented approval?

July 2, 2018 by AHN Staff

[Read more…] about We recently updated our community’s rules and regulations regarding ARB approvals. In those changes, the buffer a resident installed to a propane tank was deemed to be in violation. The original buffer confirmed to the existing regulations and was approved by the ARB when installed, but the ARB was controlled by the builder at the time. Is the current board under any obligation to honor the prior documented approval?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, J. David Ramsey, Mark A. Nappier, Patrick O'Dea, Sara A. Austin, Stephen Buschmann

What documentation may we ask for in regard to proof a service dog is for a disability?

June 26, 2018 by AHN Staff

[Read more…] about What documentation may we ask for in regard to proof a service dog is for a disability?

Filed Under: NJQA, Questions and Answers About Community Association Law Tagged With: David C. Wilson, David J. Byrne, Nancy Durand, Sara A. Austin, Stephen Buschmann

We have fences that straddle between home decks. Many years ago the fences were “assigned”, including both sides to one of the homes. It is that homes responsibility for the entire fence. Maintenance is gained by accessing the non-fence owner’s property. One of our owners is stating that they can not be forced to access their neighbor’s property and therefor should not be responsible to maintain both sides. Additionally they will not allow their neighbor who “owns” the fence on the other side access to their property. Does the association need to change this arrangement?

June 23, 2018 by AHN Staff

[Read more…] about We have fences that straddle between home decks. Many years ago the fences were “assigned”, including both sides to one of the homes. It is that homes responsibility for the entire fence. Maintenance is gained by accessing the non-fence owner’s property. One of our owners is stating that they can not be forced to access their neighbor’s property and therefor should not be responsible to maintain both sides. Additionally they will not allow their neighbor who “owns” the fence on the other side access to their property. Does the association need to change this arrangement?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

What is the appropriate way to collect and coordinate proxy votes? The current board (going out of office at election)? The new board members going into the election? A third party? We want to offer proxy voting to our HOA members/residents, but need to have a way to collect and hold them until the election meeting, without anyone being accused of anything inappropriate, such as tampering with those votes.

May 19, 2018 by AHN Staff

[Read more…] about What is the appropriate way to collect and coordinate proxy votes? The current board (going out of office at election)? The new board members going into the election? A third party? We want to offer proxy voting to our HOA members/residents, but need to have a way to collect and hold them until the election meeting, without anyone being accused of anything inappropriate, such as tampering with those votes.

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

In a Cooperative the Propriety Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not corrected after a warning letter. What about if in BY-Laws?

May 19, 2018 by AHN Staff

[Read more…] about In a Cooperative the Propriety Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not corrected after a warning letter. What about if in BY-Laws?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, John Harris Gettinger, Kenneth Jacobs, Lewis Montana, Sean A. O’Connor

Our bylaws state that property ownership is not an requirement to be on the board. Before we start the process of changing our bylaws (and selling the change to our residents), if we stated it is unusual for non-owners to be acceptable as board members would it be accurate?

May 8, 2018 by AHN Staff

[Read more…] about Our bylaws state that property ownership is not an requirement to be on the board. Before we start the process of changing our bylaws (and selling the change to our residents), if we stated it is unusual for non-owners to be acceptable as board members would it be accurate?

Filed Under: Questions and Answers About Community Association Law Tagged With: Arnold J. Calabrese, David C. Wilson, Ed Zehfuss, Edward Zelmanski, Kenneth Jacobs, Patrick O'Dea, Robert C. Griffin, Stephen Buschmann

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