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...
Condominiums & Cooperatives
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: 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...
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 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,...
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...