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Stephen Buschmann

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

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

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

A resident’s chimney suffered damage from what they claim is excessive vibration from a county road project just outside our homeowner association. Other residents agree the vibration that day was excessive but suffered no damage even though their homes are of the same build and timeframe. The resident with damage has motivated fellow residents that our HOA should take action on all their behalf and test homes for possible damage. Should our association initiate a conversation with an attorney in regard to this matter and if so must we report a conversation took place (incase we decline to take action)?

July 30, 2019 by AHN Staff

[Read more…] about A resident’s chimney suffered damage from what they claim is excessive vibration from a county road project just outside our homeowner association. Other residents agree the vibration that day was excessive but suffered no damage even though their homes are of the same build and timeframe. The resident with damage has motivated fellow residents that our HOA should take action on all their behalf and test homes for possible damage. Should our association initiate a conversation with an attorney in regard to this matter and if so must we report a conversation took place (incase we decline to take action)?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin, Stephen Buschmann

Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

June 11, 2019 by AHN Staff

[Read more…] about Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, J. David Ramsey, John Harris Gettinger, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

Our offering plan states all costs and maintenance associated with a limited common element (in this case patios) shall be the sole responsibility of the Board of Managers and treated as a common element. Our association has standard patios built by the developer along with larger patios expanded by contractors. Many of the patios at this time require repair. Our Board of Managers feels we are only responsible for original unaltered patios. However some feel a credit should be applied for altered patios as we would be offering maintenance in some manner anyway. Comments?

June 5, 2019 by AHN Staff

[Read more…] about Our offering plan states all costs and maintenance associated with a limited common element (in this case patios) shall be the sole responsibility of the Board of Managers and treated as a common element. Our association has standard patios built by the developer along with larger patios expanded by contractors. Many of the patios at this time require repair. Our Board of Managers feels we are only responsible for original unaltered patios. However some feel a credit should be applied for altered patios as we would be offering maintenance in some manner anyway. Comments?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin, Stephen Buschmann

I am on the board of a 52 unit building, one board member wants to make it a smoke free building including the owners private units. Could the master deed be changed to make it a smoke free building? If it is allowed how difficult would it be enforce , if the unit owner simply states that they are not smoking in there unit and it is coming from another unit , how could the board enforce such a policy without any evidence?

May 6, 2019 by AHN Staff

[Read more…] about I am on the board of a 52 unit building, one board member wants to make it a smoke free building including the owners private units. Could the master deed be changed to make it a smoke free building? If it is allowed how difficult would it be enforce , if the unit owner simply states that they are not smoking in there unit and it is coming from another unit , how could the board enforce such a policy without any evidence?

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

Some members of our board want to make a resolution limiting the number of dogs each unit owner can have to two dogs. However, the majority of board members say this can’t be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by a certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

April 22, 2019 by AHN Staff

[Read more…] about Some members of our board want to make a resolution limiting the number of dogs each unit owner can have to two dogs. However, the majority of board members say this can’t be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by a certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, John Harris Gettinger, Robert C. Griffin, Sara A. Austin, Stephen Buschmann

How should the board proceed when an owner does not follow a directive?

April 8, 2019 by AHN Staff

[Read more…] about How should the board proceed when an owner does not follow a directive?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Sara A. Austin, Stephen Buschmann

We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

March 11, 2019 by AHN Staff

[Read more…] about We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying that’s improper. What else can we do?

Filed Under: Questions and Answers About Community Association Law Tagged With: David G. Hellmuth, Gaetano L. Bizzoco, John Harris Gettinger, Robert C. Griffin, Sara A. Austin, Sean A. O’Connor, Stephen Buschmann

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