Question: I am a manager. Increasingly myself and staff are asked to unethical behavior (not illegal). I am currently in a position where I must report all communications with certain residents to the president before responding. Sometimes I am not allowed to respond...
Year: 2018
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: Can a member who is suing the Association run for a Board of Director position or be a committee member? Answer: Yes, a member who is suing the association, if otherwise qualified under the Association's by-laws, may serve as a director or committee member....
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our association has a heated election every year. One of the candidates running in a recent election was given an owner's proxy, which they put in the ballot box. However, that owner passed away between the time of giving the proxy and the annual meeting of...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Can we prohibit the use of and firing off of fireworks in our community even though fireworks are legal in the state? Answer: Yes, the board can prohibit the use of fireworks in your community even though fireworks are legal in your state. The board has the...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
Question: In a Cooperative the Proprietary Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not...
QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.
I voted against the president of our management company also serving as treasurer. The management company does a great job but this seems not advisable. Am I wrong? Answer: It depends. The first thing you need to do is review your by-laws to determine if the president...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We do not have enough boardmembers. Our by-laws say two years - but we want to extend two board members to three years. How are these board members limited? Answer: If your by-laws provide for two-year terms for board members and you want to change this, you...