Using Local Ties And Legal Insight To Advocate Client Interests.
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: 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: 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: 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: 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: 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...
Question: We want to change one of our by-laws. We have 48 condo owners. Our by-laws say we must have a majority of all owners approve the change. So we only need 25. One owner says we need 32 to change it. Is she right? Answer: Yes, she is right. Pursuant to §339-v...
Question: Can we create a rule where owners must own a unit for 5 years, before being allowed to offer that unit as a rental? Answer: Yes, a homeowners association can prohibit rentals or restrict them. This will have the effect of discouraging investors from...
If your homeowners association has been unable, year after year, to obtain a quorum at its annual meeting so that no election can take place, your homeowners association should consider permitting electronic voting. Although New York has not enacted a statute which...
Question: Our condo association which consists of 64 units has been under the ruling of a management company since the beginning of 2014. Many co-owners are not satisfied with this arrangement. For the past two years our annual dues have been increased $10 per month....