[Read more…] about A lawsuit was filed in our community about the interpretation of a clause in the offering plan. Both sides have Directors and Officers (D&O) coverage and legal counsel provided through the insurance carrier. However, one side has hired private legal counsel and spent homeowners common fees to pay an estimated $45,000 in legal fees. Can they be held liable to reimburse the homeowners for this? Their lawyer warns of another 100 billable hours at $450 per hour if this lawsuit continues.
Thrasher Buschmann & Voelkel
Market Square Center
151 N. Delaware St., Suite 1900
Indianapolis, IN 46204-2505
[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.
[Read more…] about Our small HOA’s paid bookkeeper is also the Treasurer of the Board. There is no requirement for a second signature on checks. He does all the bookkeeping, writes the checks, reports to the board and to the members with virtually no oversight. We do not have an annual audit. No-one checks the bank account. That said, we trust him implicitly. Is this arrangement advisable?
[Read more…] about I am currently now on the board. In the past year I have requested to view the receipts and bank records with suggested dates and times with no prevail. I am now on the board and asked to have a key to the filing cabinet to view our records. The treasure told me the receipts were at his house. Basically he is stalling to show me anything. I told him just because he scans receipts the hard copy should be placed in the filing cabinet for future reference and accountability. What are my rights as a homeowner and as a board member?
[Read more…] about Out of 128 homes, 6 require expensive window repairs that the other 122 do not. They have special 2nd floor windows, the other 122 do not. Repairs were made on all home’s first floor windows. Is it advisable to assess those 6 homes a special assessment, or incorporate the cost to all units.
[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?