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