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...
Question: Our subdivision has a homeowner who is sometimes threatening to others. The police has been involved. What are the obligations of the Homeowners Association related to this problem neighbor? Answer: When confronted with such a situation, most of our...
Question: We live in a private residency (a non-profit) where roads fees are collected to maintain the dirt/gravel roads & snowplow. We have posted signs to our community. Private; private drive, no trespassing. Do we need liability insurance? Answer: Yes,...
Question: Our HOA covenant is at least 25 years old and states no signs are allowed on any properties except contractors signs and realty signs. Are we able to restrict election candidate signs or is there a law that states we may not enforce that? Answer: In most...
Question: If a by-law is changed/amended, how must homeowners received notification, and is there a grace period for it to take effect? Answer: You would need to review the homeowner's association's by-laws to determine the method by which notices to homeowners are...
