ASSOCIATIONHELPNOW

David G. Hellmuth

May we (board) dictate what may or may not be asked at an open meeting? Maybe we state certain questions are “off limits” and may not be asked? May those that ask a question considered “off limits: not be allowed to ask additional questions for a set time frame determined by the board? Our logic this would help prevent confrontational situations for the betterment of the community.

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[Read more…] about May we (board) dictate what may or may not be asked at an open meeting? Maybe we state certain questions are “off limits” and may not be asked? May those that ask a question considered “off limits: not be allowed to ask additional questions for a set time frame determined by the board? Our logic this would help prevent confrontational situations for the betterment of the community.

May a board without owner approval enter into a agreement with an unrelated association business to provide a utility hookup in return for a payment to the association?

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An association may receive payments for the use, rental or operation of the common elements and this would include utilities that are not part of any unit. In addition, the Association may enter into contracts. Unless stated otherwise in the Declaration, these powers can be exercised without approval of the members. However, it is important to keep in mind that Board members owe a fiduciary duty to the association and must perform their duties in good faith in a manner they reasonably believe to be in the best interests of the association.

Eric J. Phillips, Esquire
Hladik, Onorato & Federman, LLP
298 Wissahickon Avenue
North Wales, PA 19454
Direct Dial: 267-662-9035
Fax: 215-855-9121
ephillips@hoflawgroup.com
www.hoflawgroup.com

The answer to this question depends on the rights of the board under applicable law and the powers granted to the board under their governing documents. Thus, I cannot provide a definitive answer with knowing the state in which their operate and review their documents and applicable law.

David Hellmuth
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
(952) 746-2107
dhellmuth@hjlawfirm.com
www.hjlawfirm.com

I am not sure I understand what is meant by “utility hookup”. The Board need not obtain owner approval for much of what it does as it is comprised of elected (and sometimes appointed) representatives who act in the best interests of all members. With that said, if the question is asking if the association (through the Board) can allow a business to use utilities provided and paid for by the association in exchange for a payment by the business, the answer is probably yes. But I am unsure why the association would want to enter into such an arrangement. That opens the door for any person or business to ask to use association-provided and paid utilities in exchange for payment therefor. It is not a recommended action.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com
www.austinlawllc.com

We do not have the ability to fine. Residents refuse to remove their scooters from hallways. Generally, something in the hallway would be removed by staff. Do we have to allow residents to store their scooters in the hallway because they are disabled? May we take these scooters away ourselves?

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First, why is there no ability to fine? Even if there is no provision for that now in the Governing Documents, the (Pennsylvania) Board can enact a fine policy/rule/regulation that is effective going forward.

Next, as to the underlying issue, the residents storing their scooters in the hallways. If that is prohibited by your Governing Documents, and they are not disabled, then enact a find policy (per the preceding paragraph) and enforce it. If one or more of the residents is disabled, then you need to discuss what a reasonable accommodation will be, one that helps that person with their issue and that also keeps the hallways safe for everyone else. If there is no good reason they leave the scooters in the hallways, other than not wanting to take up space in their Unit, then I suggest that is not medically-related (regardless of the need for the scooter) and they should be required to take them into their units.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com
www.austinlawllc.com

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Hallways are general common area. Board has complete authority in that area. Therefore, the scooters can be taken away by the board at any time without warning.

I cannot see how a disability would require a scooter needing to be stored in the hallway. It can easily be stored in the unit instead.

Rinaldo Acri
ACRI Commercial Realty
290 Perry Highway, Suite 1
Pittsburgh, PA 15229-1864
(412) 459-0111
rinaldo.acri@acrirlty.com
www.acrirlty.com

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I would recommend a rule that does not allow storage of personal property in hallways or storage of any items outside any units in common hallways. The rule should be kept fairly generic so that the Association can disallow any person property stored in common areas.

David Hellmuth
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
(952) 746-2107
dhellmuth@hjlawfirm.com
www.hjlawfirm.com

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If the residents are in fact disabled, they are entitled to “reasonable accommodations” from the Association. If the scooters are too large or unwieldy to bring into their apartments, then the Association must provide a reasonable location for them. Placing personal property in a hallway is frequently a violation of the local Fire Code, though. In that case, keeping scooters in the hallways would be a violation of law and the Association must look elsewhere, possibly outside the front entrance. If the residents are not disabled, then staff can address the issue as it sees fit (but warn the owners). Meanwhile I would suggest that you send violation notices and if necessary, start legal action. You are not looking to collect additional funds for the Association; you are seeking an incentive for the owners not to continue violating your regulations. Legal fees are a strong lever in that regard.

Kenneth Jacobs
Smith Buss & Jacobs LLP
60 East 42nd Street
Suite 4600
New York, NY 10165
212-688-2400 X4102
kjacobs@sbjlaw.com

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Federal law prohibits the failure to reasonably accommodate disabled persons in residential housing. I assume these residents are disabled. It is very questionable whether leaving a scooter in the hallway would qualify as a “reasonable accommodation” since it raises safety concerns. It is important to discuss with the residents why the scooters cannot be stored inside the unit. Further, it is unclear why this community does not have the ability to fine and whether there are any rules prohibiting this conduct. In general, I do not recommend that associations engage in self-help remedies. I would suggest contacting the local code enforcement official who may be able to issue a cease and desist notice. If possible, this community should adopt a rule prohibiting storage of belongings in hallways and a fine policy.

Eric J. Phillips, Esquire
Hladik, Onorato & Federman, LLP,
298 Wissahickon Avenue
North Wales, PA 19454
Direct Dial: 267-662-9035
Fax: 215-855-9121
ephillips@hoflawgroup.com
www.hoflawgroup.com

We have been told we could be sued for age discrimination if do not remove the rule and signage that no one under the age of 16 was allowed to use the pool without an adult. Is that true?

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[Read more…] about We have been told we could be sued for age discrimination if do not remove the rule and signage that no one under the age of 16 was allowed to use the pool without an adult. Is that true?

We have a homeowner that has started up an email address using our associations name. He is using it for the upcoming election with some advice for people regarding the ballot. Is that a misrepresentation of an email coming from the association? When homeowners get it they are thinking that it is coming from the management company and the Board of Directors. This has caused a lot of confusion about the upcoming election.

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[Read more…] about We have a homeowner that has started up an email address using our associations name. He is using it for the upcoming election with some advice for people regarding the ballot. Is that a misrepresentation of an email coming from the association? When homeowners get it they are thinking that it is coming from the management company and the Board of Directors. This has caused a lot of confusion about the upcoming election.

When a condo collects a judgment via wage garnishment, does the condo also need to provide “credits” towards that judgment in the amounts of the regular monthly maintenance fees that the Unit Owner is paying each month? In other words, does ANY new payment that is made have to be applied to the judgment balance (i.e. payments applied to oldest outstanding balance)? Or do monthly maintenance fees count towards that month’s maintenance fees, and the wage garnishments apply against the judgment?

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[Read more…] about When a condo collects a judgment via wage garnishment, does the condo also need to provide “credits” towards that judgment in the amounts of the regular monthly maintenance fees that the Unit Owner is paying each month? In other words, does ANY new payment that is made have to be applied to the judgment balance (i.e. payments applied to oldest outstanding balance)? Or do monthly maintenance fees count towards that month’s maintenance fees, and the wage garnishments apply against the judgment?

We have received a smoking complaint from a unit owner who suffers from COPD. Their unit neighbor rejects any cooperation with the association besides their verbal statement they are not the cause of the issue. We are a small townhouse association. Are we obligated as a board to anymore than we have?

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[Read more…] about We have received a smoking complaint from a unit owner who suffers from COPD. Their unit neighbor rejects any cooperation with the association besides their verbal statement they are not the cause of the issue. We are a small townhouse association. Are we obligated as a board to anymore than we have?

We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

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A very laudable idea but I would not suggest that an Association “sponsor” such a group. The fact that a group of people with a common interest lives within a certain association does not suggest that the group’s activities should be “sponsored” by [Read more…] about We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

What are the interim guidelines for having a homeowner meeting (via zoom) during the pandemic? Our meetings are generally held in June. Is there a time limit on postponing the meeting? We are trying to get unfinished business completed before we schedule our annual meeting.

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[Read more…] about What are the interim guidelines for having a homeowner meeting (via zoom) during the pandemic? Our meetings are generally held in June. Is there a time limit on postponing the meeting? We are trying to get unfinished business completed before we schedule our annual meeting.

When we contact resident’s about violations we get beat up on, bullied and slandered on social media. Our approach so far has been the “high road” and not respond. We’re starting to feel like we did not give up our rights to defend our reputations when we joined the board. What is our association’s responsibility and our right as a board to use the association’s resources to defend our reputations when attacked in relationship to our volunteer positions?

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[Read more…] about When we contact resident’s about violations we get beat up on, bullied and slandered on social media. Our approach so far has been the “high road” and not respond. We’re starting to feel like we did not give up our rights to defend our reputations when we joined the board. What is our association’s responsibility and our right as a board to use the association’s resources to defend our reputations when attacked in relationship to our volunteer positions?