[Read more…] about If there is a disagreement between the board and manager how to present a report, who is the report represented from? Meaning if the manager is uncomfortable are they obligated to present the report as the board directs (on behalf of the board) or may they insist the board present the report themselves?
David G. Hellmuth
[Read more…] about We have a bar in our clubhouse. It is unused, there is no bartender, no alcohol is sold. Several residents would like to start a bottle club. They would “stock” the bar with their alcohol and on weekends hire a bartender to serve their alcohol to their group. Any resident may “join” the club. The only requirement is to provide alcohol. However, some residents feel they should be entitled to “free” drinks since the club is using the bar and storing their alcohol in bar storage. Can this group residents act as an unofficial club? If the board designates this club as official, what are reasonable accommodations for all residents to participate?
[Read more…] about A resident’s chimney suffered damage from what they claim is excessive vibration from a county road project just outside our homeowner association. Other residents agree the vibration that day was excessive but suffered no damage even though their homes are of the same build and timeframe. The resident with damage has motivated fellow residents that our HOA should take action on all their behalf and test homes for possible damage. Should our association initiate a conversation with an attorney in regard to this matter and if so must we report a conversation took place (incase we decline to take action)?
[Read more…] about Our offering plan states all costs and maintenance associated with a limited common element (in this case patios) shall be the sole responsibility of the Board of Managers and treated as a common element. Our association has standard patios built by the developer along with larger patios expanded by contractors. Many of the patios at this time require repair. Our Board of Managers feels we are only responsible for original unaltered patios. However some feel a credit should be applied for altered patios as we would be offering maintenance in some manner anyway. Comments?
[Read more…] about I am on the board of a 52 unit building, one board member wants to make it a smoke free building including the owners private units. Could the master deed be changed to make it a smoke free building? If it is allowed how difficult would it be enforce , if the unit owner simply states that they are not smoking in there unit and it is coming from another unit , how could the board enforce such a policy without any evidence?
[Read more…] about Some members of our board want to make a resolution limiting the number of dogs each unit owner can have to two dogs. However, the majority of board members say this can’t be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by a certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?