Using Local Ties And Legal Insight To Advocate Client Interests.
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: 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...
Question: Some communicated we may no longer institute an adult only swim because it discriminates by age. Is that true? Answer: Yes, that is true. In addition to requiring a reasonable accommodation in rules, policies, practices or services to afford a person with a...
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,...
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...
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...
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...
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: 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: 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...