[Read more…] about I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked the board if we would allow them to do a three month summer rental, we advised them that they can not. The following day they listed the unit with a realtor for a three month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there a legal perspective that these actions would warrant removal from the board?
[Read more…] about Our condo master deed and rules don’t get into specifics of flooring types. A ceramic floor was installed improperly, and the board receives complaints from the resident under that unit. I have heard the noise and it’s terrible. The resident who had the floor installed has no interest in this issue. As a board, what should or can we do? The resident underneath is a great, long time resident.
[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 Our community is split into three distinct communities, with a master homeowner association in control of the clubhouse, pool, and sports courts. One of the three communities voted approval to amend the offering plan and bylaws to take fiduciary duties from the board of directors, and manage their property by themselves. The above facilities (clubhouse, pool, courts) sit on land within that independent community. Why do homeowners who voted to manage their own community have to fund operations of a facility on their property used by the other two communities with no compensation? Our water is used to irrigate the lawn, our roads are used to gain entry to the clubhouse and our lots are used by guests to park in.
[Read more…] about The previous board did not create a reserve for roof repairs and we know we have to apply a $5000 or so assessment. Unfortunately, the assessment will destroy the community politically. We are the first board in a long time doing the right thing. As a board we are debating whether or not we underfund the project, for the long-term health of the association. How does fiduciary duty stand up against taking action the board knows will drive the community apart?
[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?