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...
Year: 2016
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Can we allow a renter to serve on the board? Answer: You need to review the qualification of directors section of association's by-laws. Some by-laws specifically require that a director must be an owner of a home. If your association has such a...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: I own 2 units in a building that is 15 units. Prior to purchasing my unit, I was on the board and I had one vote. Now that I own 2 units and I am on the board, can I have 2 votes? (Assuming it is not restricted by the by-laws). Answer: No. A member of the...
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...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Do statutes prohibit charging late fees and/or interest on unpaid fines in a homeowners association or condo? Answer: No - there are no statutes in the State of New York which prohibit a board from charging homeowners late fees and/or interest on unpaid...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Covenants are contracts which create enforceable restrictions on the use of property within the community. Can the Board change the covenants without notifying the homeowners either before or after they decide? Answer: You are correct that covenants are...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Our Covenants have this language: "no house trailers, motor homes, trucks or bands, boats, or other offensive object shall be parked or located, either temporarily or permanently, on any lots in our community". Do residents have legal rights to challenge...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Does our HOA Board have to give a homeowner a certified copy of the by-laws, etc? They already have a copy of the covenant. No one has ever asked for a certified copy. It is at the County Courthouse. Should he be responsible to go to the courthouse? Answer:...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Our community elected 3 new Board members who isolate us other 2. This 3 conduct private meetings among themselves and formulate policy based upon comments posted by members of their Facebook page at the exclusion of others. What can be done? Answer: You...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: I live in a condo. We are having some issues with the residents moving into the building and requesting a companion dog. They say they can obtain a letter from their doctor. Please advise, your help is greatly appreciated. Answer: The Federal Fair Housing...