ASSOCIATIONHELPNOW

Kenneth Jacobs

We do not have the ability to fine. Residents refuse to remove their scooters from hallways. Generally, something in the hallway would be removed by staff. Do we have to allow residents to store their scooters in the hallway because they are disabled? May we take these scooters away ourselves?

by

First, why is there no ability to fine? Even if there is no provision for that now in the Governing Documents, the (Pennsylvania) Board can enact a fine policy/rule/regulation that is effective going forward.

Next, as to the underlying issue, the residents storing their scooters in the hallways. If that is prohibited by your Governing Documents, and they are not disabled, then enact a find policy (per the preceding paragraph) and enforce it. If one or more of the residents is disabled, then you need to discuss what a reasonable accommodation will be, one that helps that person with their issue and that also keeps the hallways safe for everyone else. If there is no good reason they leave the scooters in the hallways, other than not wanting to take up space in their Unit, then I suggest that is not medically-related (regardless of the need for the scooter) and they should be required to take them into their units.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com
www.austinlawllc.com

————————————————————————–

Hallways are general common area. Board has complete authority in that area. Therefore, the scooters can be taken away by the board at any time without warning.

I cannot see how a disability would require a scooter needing to be stored in the hallway. It can easily be stored in the unit instead.

Rinaldo Acri
ACRI Commercial Realty
290 Perry Highway, Suite 1
Pittsburgh, PA 15229-1864
(412) 459-0111
rinaldo.acri@acrirlty.com
www.acrirlty.com

————————————————————————–

I would recommend a rule that does not allow storage of personal property in hallways or storage of any items outside any units in common hallways. The rule should be kept fairly generic so that the Association can disallow any person property stored in common areas.

David Hellmuth
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
(952) 746-2107
dhellmuth@hjlawfirm.com
www.hjlawfirm.com

————————————————————————–

If the residents are in fact disabled, they are entitled to “reasonable accommodations” from the Association. If the scooters are too large or unwieldy to bring into their apartments, then the Association must provide a reasonable location for them. Placing personal property in a hallway is frequently a violation of the local Fire Code, though. In that case, keeping scooters in the hallways would be a violation of law and the Association must look elsewhere, possibly outside the front entrance. If the residents are not disabled, then staff can address the issue as it sees fit (but warn the owners). Meanwhile I would suggest that you send violation notices and if necessary, start legal action. You are not looking to collect additional funds for the Association; you are seeking an incentive for the owners not to continue violating your regulations. Legal fees are a strong lever in that regard.

Kenneth Jacobs
Smith Buss & Jacobs LLP
60 East 42nd Street
Suite 4600
New York, NY 10165
212-688-2400 X4102
kjacobs@sbjlaw.com

————————————————————————–

Federal law prohibits the failure to reasonably accommodate disabled persons in residential housing. I assume these residents are disabled. It is very questionable whether leaving a scooter in the hallway would qualify as a “reasonable accommodation” since it raises safety concerns. It is important to discuss with the residents why the scooters cannot be stored inside the unit. Further, it is unclear why this community does not have the ability to fine and whether there are any rules prohibiting this conduct. In general, I do not recommend that associations engage in self-help remedies. I would suggest contacting the local code enforcement official who may be able to issue a cease and desist notice. If possible, this community should adopt a rule prohibiting storage of belongings in hallways and a fine policy.

Eric J. Phillips, Esquire
Hladik, Onorato & Federman, LLP,
298 Wissahickon Avenue
North Wales, PA 19454
Direct Dial: 267-662-9035
Fax: 215-855-9121
ephillips@hoflawgroup.com
www.hoflawgroup.com

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?

by

[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?

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?

by

[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?

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?

by

[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?

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.

by

[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.

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?

by

[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?

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.

by

[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.

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?

by

[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?

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?

by

[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?