Question: I owned my home 5 yrs. I have paid my H0A dues every year. I have just received notice that I owe $900 (first notice) due the end of this month and a lien has been filed. Am I responsible for delinquent dues prior to my ownership of the home? Answer: Yes,...
Year: 2016
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Can sign restrictions displayed public view also apply to signs taped to the inside of the homes garage window facing the street? Answer: A homeowners association's board has the power to make, and enforce compliance with, reasonable rules and regulations...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Do we have to send a letter to homeowners 48 hrs prior to the board meeting to decide on a new management company. I understand that it is the board's decision but do we need to call a special meeting before we actually sign a contract? Answer: Homeowners...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Can we charge a seller a fee for providing a letter certifying a declined right of first refusal? Answer: You need to review your by-laws. If they contain a provision which permits your condominium to charge an administrative fee, or to be reimbursed for its...
Question/Answer by John H. Gettinger, Esq.
Question: Can we void votes for members with unpaid fines? Do infractions need to be listed in our association documents? Answer: You will need to review your association's by-laws. If the by-laws provide that a member must be in good standing in order to vote, then a...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Do you have to put an owner on the ballot just because they ask? Isn't it up to them to ask people to write in nomination? You need to review your homeowners association by-laws to determine if they include a provision prescribing the process to be followed...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Can we require a 100% member vote to amend or repeal a covenant? Answer: Yes, you can require 100% member vote to amend or repeal a covenant. While some statutes require a minimum number of membership votes to amend or repeal a covenant or by-law provision...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We are not a homeowners association - we are a property owners Association (private - nonprofit). We collect a small fee to maintain gravel roads only. Our bylaws do not address voting for BOD by proxy or absentee vote. Can we incorporate one? Answer: Yes,...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our by-laws state that fines can be levied when residents violate certain covenants, by-laws or rules and regulations. Now I've been told that these fines aren't sanctioned or collectible. Is that true? Answer: Since your covenants provide the board with the...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We purchased units in a HOA many years ago for rental purposes and potential future personal use. At that time the only rental limitation in the Master Deed was that rentals must exceed 90 days. Recently of the HOA voted to amend the Master Deed to...