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Kenneth Jacobs

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?

January 22, 2021 by ahnbrainerd

[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?

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

We have an owner who wants to review the Proxies several days before the annual meeting. The reason is that she doesn’t trust the Board members or the management company. Is this permissible?

January 21, 2020 by AHN Staff

[Read more…] about We have an owner who wants to review the Proxies several days before the annual meeting. The reason is that she doesn’t trust the Board members or the management company. Is this permissible?

Filed Under: Questions and Answers About Community Association Law Tagged With: Kenneth Jacobs, Mark A. Nappier, Sara A. Austin

Do residents have the right of access to the management’s companies financials for the association’s budget that decides HOA dues?

January 13, 2020 by AHN Staff

[Read more…] about Do residents have the right of access to the management’s companies financials for the association’s budget that decides HOA dues?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Kenneth Jacobs, Lewis Montana, Sara A. Austin, Sean A. O’Connor

We always allowed residents some leeway with decorating their doors, especially with wreaths. Our rules say nothing is allowable outside resident units. A problem tenant has gone too far with an elf hanging from a noose. He says if he must remove the elf, everyone has to remove their wreaths. Is that true? Also can we remove the elf ourselves and hold it in the office until after the holidays?

December 16, 2019 by AHN Staff

[Read more…] about We always allowed residents some leeway with decorating their doors, especially with wreaths. Our rules say nothing is allowable outside resident units. A problem tenant has gone too far with an elf hanging from a noose. He says if he must remove the elf, everyone has to remove their wreaths. Is that true? Also can we remove the elf ourselves and hold it in the office until after the holidays?

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

What is best practices for the board president dealing with vendors directly with out the manager present on the calls and/or emails? Our president argues it is the best way for the BOD to negotiate and monitor vendor progress. Our manager says that’s their job.

October 29, 2019 by AHN Staff

[Read more…] about What is best practices for the board president dealing with vendors directly with out the manager present on the calls and/or emails? Our president argues it is the best way for the BOD to negotiate and monitor vendor progress. Our manager says that’s their job.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Kenneth Jacobs, Rinaldo Acri, Sara A. Austin

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?

October 21, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: Chip Hoever, David G. Hellmuth, Francis J. McGovern, Kenneth Jacobs, Patrick O'Dea, Sara A. Austin

Some original owners were entitled to special parking privileges that were grandfathered in when later boards made adjustments to reduce the amount of spaces per unit. Do those privileges belong to the unit or the owners? One original owner is claiming the unit and says that privilege passes is along to the new owner.

August 26, 2019 by AHN Staff

[Read more…] about Some original owners were entitled to special parking privileges that were grandfathered in when later boards made adjustments to reduce the amount of spaces per unit. Do those privileges belong to the unit or the owners? One original owner is claiming the unit and says that privilege passes is along to the new owner.

Filed Under: Questions and Answers About Community Association Law Tagged With: Kenneth Jacobs, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

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?

August 10, 2019 by AHN Staff

[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?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Jason Keller, Kenneth Jacobs, Robert C. Griffin

Our residents are great, but getting older. Our association staff is happy to help them occasionally with lifting items, reaching for high items and even getting back up sometimes. Someone communicated to us that our staff is covered by the “Good Samaritan Law”. Does the fact that the staff receives tips matter?

July 7, 2019 by AHN Staff

[Read more…] about Our residents are great, but getting older. Our association staff is happy to help them occasionally with lifting items, reaching for high items and even getting back up sometimes. Someone communicated to us that our staff is covered by the “Good Samaritan Law”. Does the fact that the staff receives tips matter?

Filed Under: Questions and Answers About Community Association Law Tagged With: Kenneth Jacobs, Lewis Montana, Sara A. Austin

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

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