Using Local Ties And Legal Insight To Advocate Client Interests.
Question: HOA previously marked owner responsibility as contained within the unit walls and has recently started a process that would transfer responsibility for unit patio maintenance back to the unit owners. Does this raise issues of insurance and past practices?...
Question: Is there any requirement that a HOA deposit association funds in only FDIC insured banks? Answer: No. There is no legal requirement that a board of a community association must only deposit association funds in FDIC insured banks. However, I would think that...
Question: Can board members be paid? Answer: Yes board members can be paid, but it would be highly unusual in a homeowners association setting. Section 715(d) of New York's Not-for-Profit Corporate Law (the "Statute") provides "unless otherwise provided in the...
Question: At the annual mtg we were two short for a quorum. The board gave two condos two votes (married couples). Is this legal? Answer: No, this is not legal. The "quorum" provision of a homeowners association by-laws typically provide that "so many home owners as...
Question: Our Board approved $19,000 worth of work to be done to the President's row of units. Owners were not informed in writing of this work. The contractor is a friend of the President. Is this allowable? Answer: Provided that the work was in the nature of...
QUESTION: Can a Homeowners Association access the unit owners, pledge those funds as collateral, borrow money from a bank and use the proceeds of the borrowing for capital improvements such as painting? ANSWER: The answer is probably yes. A review of the homeowners...
Question: Our HOA states that a Contract with intent to buy must still be treated as a rental "until it is actually sold," due to the risk of default on the Contract. To me, it sounds like an excuse not to put a homeowner's property on the rental list. Any advice?...
Question: We have covenants but no by-laws. Can we develop by-laws without having a vote of the members of the Association? Answer: Pursuant to §602 (a) of New York's Not-For-Profit Corporation Law (the "Statute"), the initial by-laws of a not-for-profit corporation...
Question: We want to enter residents' backyards to do exterior inspections. Are we legally allowed to enter someone's yard without the homeowners permission? Answer: The answer is probably yes. However, you will need to review the Declaration of Covenants, Conditions,...
Question: Must an amendment that was voted on and approved be filed with the county? How much time is allowed? (The amendment was voted on and proved in 2011 when there were other owners - is the amendment still binding? Answer: In the case of a condominium, an...