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Westchester County, NY Real Estate Law Blog

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

A resident is claiming the Association does not own the airspace above your Association. He claims as long as the drone does not take off from common property we have no authority over its use. Therefore, he can fly the drone from within his unit's backyard, but not have it take-off or land there. These drones are annoying, can we stop?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

We're an Association of attached town homes. We (the Board) want to pass that, to become and remain a Board Member, homeowners cannot be delinquent on their association dues 2 or more times within 12 consecutive months. Some of our Board believes this would be illegal. If correct, is it something we could put forth to all homeowners to vote on?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Please help me interpret this: subject to any limitations imposed by law, by these amended Articles of Incorporation or by the Declaration, the board of director is hereby authorized to exercise, all the power of the Corp. w/o prior authorization or subsequent approval of the members of Corp.

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

When an HOA meeting has been called to vote on amending something in our CC & R's, or when this vote is part of an annual meeting, and the required percentage of homeowners needed to make a change is not obtained, can votes be acquired after the meeting (in some cases days, weeks or months after the particular meeting) and be added to what is taken at the meeting and counted towards the total vote? Or are the votes taken at the actual meeting all that can be counted?

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

If a HOA Board conducts a meeting and there are no minutes published and/or agenda for a required second meeting, is anything voted on at the second meeting considered null and void because proper meeting protocol was not followed? Should a H0A provide any board community minutes to a member freely upon request?