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David G. Hellmuth

How should the board proceed when an owner does not follow a directive?

April 8, 2019 by AHN Staff

[Read more…] about How should the board proceed when an owner does not follow a directive?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin, Stephen Buschmann

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?

March 11, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Gaetano L. Bizzoco, John Harris Gettinger, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

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?

February 28, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Gaetano L. Bizzoco, John Harris Gettinger, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

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?

January 28, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, J. David Ramsey, Kenneth Jacobs, Sara A. Austin, Stephen Buschmann

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?

January 22, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Kenneth Jacobs, Nancy Durand, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor

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.

January 10, 2019 by AHN Staff

[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.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Eric J. Phillips, John Harris Gettinger, 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

David G. Hellmuth

June 1, 2018 by AHN Staff Leave a Comment

David G. Hellmuth
Hellmuth & Johnson
8050 West 78th Street, Minneapolis, MN 55439
dhellmuth@hjlawfirm.com
TEL 952-746-2107
FAX 952-941-2337
www.hjlawfirm.com

[Read more…] about David G. Hellmuth

Filed Under: Top Attorney Answer Count Tagged With: David G. Hellmuth

We want to clean up the property next door to our association. The association does not own the property. It’s less money to just have it cleaned up compared to getting the current owner to clean it up. We would have permission from the owner. As a board can we approve or do we need to advise all the owners for their input?

July 10, 2017 by AHN Staff

[Read more…] about We want to clean up the property next door to our association. The association does not own the property. It’s less money to just have it cleaned up compared to getting the current owner to clean it up. We would have permission from the owner. As a board can we approve or do we need to advise all the owners for their input?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, J. David Ramsey, Kenneth Jacobs, Kenneth Roth, Sara A. Austin, Stephen Buschmann

We were given permission to a owner’s unit checking for a leak problem we had. When we were in there maintenance noticed they had three cats instead of the two allowed. Several of the board members want to send the owner a notice to get rid of one of the cats. Can we do that since we were only in there for something else?

June 14, 2017 by AHN Staff Leave a Comment

[Read more…] about We were given permission to a owner’s unit checking for a leak problem we had. When we were in there maintenance noticed they had three cats instead of the two allowed. Several of the board members want to send the owner a notice to get rid of one of the cats. Can we do that since we were only in there for something else?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Edward Zelmanski, Kenneth Roth, Lewis Montana, Patrick O'Dea, Sara A. Austin, Stephen Buschmann

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