[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 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?
[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?
[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?
[Read more…] about We’ve been told that funds collected for special assessments can be used only for the specific purpose for which they were passed and approved, and that we need to give written notice of the specific purpose to all members and then can use the money only for that purpose. Can the board change the purpose of the special assessment and add it as a part of an increased fee? Are there any special accounting requirements?
[Read more…] about So I understand our Offering Plan implies the condominium is responsible to repair any water damage due to a structural leak in the roof or siding. How long after a leak is the condo responsible? Six months? Twelve months? We have owners who file reports for leaks that happened in 2017.
[Read more…] about I just saw our association’s budget and was surprised to see the huge amount budgeted for Legal Expense. We could probably hire two full-time attorneys for what is budgeted. Is there a formula for figuring out what appropriate annual legal expenses should be based on an association’s size and overall budget? The amount my community plans to spend seems excessive.
Spolzino, Smith, Buss & Jacobs, LLP
60 East 42nd Street, Suite 4600
New York, New York 10165
Phone: (212) 688-2400
Fax: (212) 688-3058
[Read more…] about Our small HOA’s paid bookkeeper is also the Treasurer of the Board. There is no requirement for a second signature on checks. He does all the bookkeeping, writes the checks, reports to the board and to the members with virtually no oversight. We do not have an annual audit. No-one checks the bank account. That said, we trust him implicitly. Is this arrangement advisable?