ASSOCIATIONHELPNOW

Patrick O'Dea

How should an association handle reports of possible hoarding?

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Boards, depending upon state law, are generally permitted to access an owner’s unit in the event of an emergency, which would include, but not specifically be limited to, situations where damage to the common elements is imminent and life safety issues. So, if a violation report has been registered with the board of a life safety issue or of possible damage to the common elements, the board arguably would have the right to access the unit in question.

Entering into a party’s unit without express permission is always problematic, though; so, I would recommend that if the board is informed and believes that a violation has occurred that it should request in writing permission to enter. If entry is refused, unless the Board is informed and believes that a life safety issue exists which is imminent, I would recommend that the board institute a declaratory judgment action to request the court to declare that the association is entitled to entry, which the unit owner in question has denied.

Patrick O’Dea
Nelson Mullins Riley & Scarborough, LLP
BNC Bank Corporate Center, Suite 300
3751 Robert M. Grissom Parkway
Myrtle Beach, SC 29577
843.946.5631
patrick.odea@nelsonmullins.com
www.nelsonmullins.com

We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

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A very laudable idea but I would not suggest that an Association “sponsor” such a group. The fact that a group of people with a common interest lives within a certain association does not suggest that the group’s activities should be “sponsored” by [Read more…] about We have a group that is asking our association to sponsor a group that would entail taking residents to doctors or shopping. Is this something you think we should get involved with?

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?

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[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?

What can be done about libelous, false and derogatory comments posted on a Closed Group Facebook page about our community by residents and former residents? Examples: homeowner claims that their closings were delayed or halted due to litigation within the community when clearly not true.False accusations of theft when audits prove that is clearly not true. We have had Facebook remove two closed group pages due to violation of their community standards and unfit content, but this other page is even worse.

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[Read more…] about What can be done about libelous, false and derogatory comments posted on a Closed Group Facebook page about our community by residents and former residents? Examples: homeowner claims that their closings were delayed or halted due to litigation within the community when clearly not true.False accusations of theft when audits prove that is clearly not true. We have had Facebook remove two closed group pages due to violation of their community standards and unfit content, but this other page is even worse.

We recently updated our community’s rules and regulations regarding ARB approvals. In those changes, the buffer a resident installed to a propane tank was deemed to be in violation. The original buffer confirmed to the existing regulations and was approved by the ARB when installed, but the ARB was controlled by the builder at the time. Is the current board under any obligation to honor the prior documented approval?

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[Read more…] about We recently updated our community’s rules and regulations regarding ARB approvals. In those changes, the buffer a resident installed to a propane tank was deemed to be in violation. The original buffer confirmed to the existing regulations and was approved by the ARB when installed, but the ARB was controlled by the builder at the time. Is the current board under any obligation to honor the prior documented approval?

Our bylaws state that property ownership is not an requirement to be on the board. Before we start the process of changing our bylaws (and selling the change to our residents), if we stated it is unusual for non-owners to be acceptable as board members would it be accurate?

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[Read more…] about Our bylaws state that property ownership is not an requirement to be on the board. Before we start the process of changing our bylaws (and selling the change to our residents), if we stated it is unusual for non-owners to be acceptable as board members would it be accurate?

I voted against the president of our management company also serving as treasurer. The management company does a great job but this seems not advisable. Am I wrong?

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[Read more…] about I voted against the president of our management company also serving as treasurer. The management company does a great job but this seems not advisable. Am I wrong?

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…

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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…

We do not have enough board members. Our by-laws say two years — but we want to extend two board members to three years. How are these board members limited?

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[Read more…] about We do not have enough board members. Our by-laws say two years — but we want to extend two board members to three years. How are these board members limited?