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Lewis Montana

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 want to add an additional clubhouse. The majority of the board says as this falls under CCRs and no owner input is required. My concern is this is a multi-million project. Can this decision be held against me down the road in I vote yes with out owner input?

November 10, 2019 by AHN Staff

[Read more…] about We want to add an additional clubhouse. The majority of the board says as this falls under CCRs and no owner input is required. My concern is this is a multi-million project. Can this decision be held against me down the road in I vote yes with out owner input?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, Lewis Montana, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

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

If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

February 21, 2019 by AHN Staff

[Read more…] about If a community is split into three distinct condominium boards, under the control of a master board of directors, may one of the distinct condominiums split from the master board with the approval of the required amount of owners from that distinct condominium?

Filed Under: Questions and Answers About Community Association Law Tagged With: J. David Ramsey, Lewis Montana, Sara A. Austin, 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

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 the recently elected President of a new town home community, which still has 2 developers on the board? Our bylaws state that once the community is 75% settled, a special election meeting can be requested to be held within 60 days to elect residents to the spots now held by the developers. I have requested the meeting by email to the management company and the developers, but to date nothing yet..

August 6, 2018 by AHN Staff

… From some articles I’ve read, it seems that the homeowners should have an attorney for the transition. Is this absolutely necessary? It has also come to light that the developers have been paying some bills through the HOA account which I believe to be developer bills for selling homes and not HOA bills; however, I was waiting for the board to be entirely homeowner-controlled before asking for access to past bills that have been paid. Do I need an attorney at this point? I have been looking online for the proper procedure to follow to request a special election of the HOA Board, but cannot find anything.

[Read more…] about I am the recently elected President of a new town home community, which still has 2 developers on the board? Our bylaws state that once the community is 75% settled, a special election meeting can be requested to be held within 60 days to elect residents to the spots now held by the developers. I have requested the meeting by email to the management company and the developers, but to date nothing yet..

Filed Under: Questions and Answers About Community Association Law Tagged With: Lewis Montana, Mark A. Nappier, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor

In a Cooperative the Propriety Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not corrected after a warning letter. What about if in BY-Laws?

May 19, 2018 by AHN Staff

[Read more…] about In a Cooperative the Propriety Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not corrected after a warning letter. What about if in BY-Laws?

Filed Under: Questions and Answers About Community Association Law Tagged With: David C. Wilson, John Harris Gettinger, Kenneth Jacobs, Lewis Montana, Sean A. O’Connor

My building…I denied this person’s request to use the room, and informed the individual that the association attorney was in the process of writing rules for the room’s use, and the board did not want residents using it for meetings about issues the board does not approve of…

March 1, 2018 by AHN Staff

QUESTION: My building has a common room that is used daily by people playing cards, mah jongg, etc., and I do believe people who don’t live in the building participate in some of these games. We recently allowed a resident to have a meeting in the room as well. Afterward, another resident requested use of the room for a meeting that would possibly have a few people who don’t live in the building. They asked for an application. I denied this person’s request to use the room, and informed the individual that the association attorney was in the process of writing rules for the room’s use, and the board did not want residents using it for meetings about issues the board does not approve of. Prior to this, for a few years, this individual’s wife was on a committee, and a few weeks after this incident, the board president met with her to tell her that her committee was no longer needed and was being eliminated. That same week, the board president organized a group to do the same activity the individual’s wife’s committee was doing. The couple has sent us a formal letter stating they feel singled-out by the board, and discriminated against. Do we have an issue?

[Read more…] about My building…I denied this person’s request to use the room, and informed the individual that the association attorney was in the process of writing rules for the room’s use, and the board did not want residents using it for meetings about issues the board does not approve of…

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

Residents have created what we consider a “shadow board”. They discuss issues, and this group of people then makes unsolicited recommendations to us and publicizes their comments. It is very confusing to many residents. May we ban them meeting in the common areas?

January 22, 2018 by AHN Staff

[Read more…] about Residents have created what we consider a “shadow board”. They discuss issues, and this group of people then makes unsolicited recommendations to us and publicizes their comments. It is very confusing to many residents. May we ban them meeting in the common areas?

Filed Under: Questions and Answers About Community Association Law Tagged With: Edward Zelmanski, Kenneth Roth, Lewis Montana, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

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