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John Harris Gettinger

Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

June 11, 2019 by AHN Staff

[Read more…] about Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, J. David Ramsey, John Harris Gettinger, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

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?

April 22, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, John Harris Gettinger, Robert C. Griffin, 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 have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?

February 13, 2019 by AHN Staff

[Read more…] about We have an investor who is very behind in maintenance fees. We’d like to take away his tenant’s parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner’s tenants?

Filed Under: Questions and Answers About Community Association Law Tagged With: John Harris Gettinger, Lewis Montana, Sara A. Austin, Stephen Buschmann

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

I am a manager. Increasingly myself and staff are asked to engage in unethical behavior (not illegal). I am currently in a position where I must report all communications with certain residents to the president before responding. Sometimes I am not allowed to respond (to even basic requests). I would be fired in the heartbeat if I do not tow the line. Do I have any recourse?

November 27, 2018 by AHN Staff

[Read more…] about I am a manager. Increasingly myself and staff are asked to engage in unethical behavior (not illegal). I am currently in a position where I must report all communications with certain residents to the president before responding. Sometimes I am not allowed to respond (to even basic requests). I would be fired in the heartbeat if I do not tow the line. Do I have any recourse?

Filed Under: Questions and Answers About Community Association Law Tagged With: John Harris Gettinger, Sara A. Austin

Can a member who is suing the association run for a board of director position or be a committee member?

October 2, 2018 by AHN Staff

[Read more…] about Can a member who is suing the association run for a board of director position or be a committee member?

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

Our association has a heated election every year. One of the candidates running in a recent election was given an owner’s proxy, which they put in the ballot box. However, that owner passed away between the time of giving the proxy and the annual meeting of election. Does that proxy still count as a vote, seeing how the unit owner was deceased by the election date?

August 26, 2018 by AHN Staff

[Read more…] about Our association has a heated election every year. One of the candidates running in a recent election was given an owner’s proxy, which they put in the ballot box. However, that owner passed away between the time of giving the proxy and the annual meeting of election. Does that proxy still count as a vote, seeing how the unit owner was deceased by the election date?

Filed Under: Questions and Answers About Community Association Law Tagged With: J. David Ramsey, John Harris Gettinger, Mark A. Nappier, Sara A. Austin, Sean A. O’Connor

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