Category: Q&A

Q&A
2017 December Q&A: Owner Who Owes Money Now Declares Bankruptcy

Q. What can be done if a unit owner, who has not paid his or her maintenance for a year and owes the association $30,000, has now declared bankruptcy? How does the association get its money?             —Neighbors Seeking Recourse A. …

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Q&A
2017 December Q&A: Greasing the Vote?

Q. We have a board member who goes around to elderly owners to have them fill out proxies so they vote for him. This person also pays for 100 owners to have a dinner at the clubhouse to win votes. He has been doing this for years with no …

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Q&A
2017 December Q&A: Destruction of a Children’s Playground

Q. I purchased my condo unit in 2005 with amenities that included 24-hour security, two pools, a parking lot, and a children’s playground.  This past summer, our board destroyed the children’s playground to create additional parking, and …

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Q&A
2017 November Q&A: Serving on Two Boards

Q. Is it illegal for members on the HOA board to also hold a position on the board of directors of the property management company that the HOA hires and oversees?                                     —Conflict of Interest? A. “While t…

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Q&A
2017 November Q&A: Changing the Bylaws

Q. I own a co-op apartment in Fort Lauderdale. The bylaws of the association state that 80 percent of the members of the association have to agree in any changes or alteration of the bylaws. At a special meeting to amend the bylaws, only …

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Q&A
2017 November Q&A: Could I Be Forced to Sell My Unit?

Q. A real estate investment company is buying up our units one by one. We are a small condo building. Can they force me to sell? What will happen if I hold out? Where do I get the proper information before spending money?                …

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Q&A
2017 October Q&A: Owners’ Lack of Interest in Serving on a Board

Q.  I live in a 96-unit condominium building and have served on the board of our association for 16 years. There are nine of us on the board, seven of whom (including myself) are at the age where we’d like some of the younger owners to con…

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Q&A
2017 October Q&A: Renting Out a Condo

Q.  Can an association change an owner’s right to rent out his condo?            —Curious Board Member A.  “The general answer is yes, the association can change an owner’s right to rent out his or her condominium,” says attorney Rachel…

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Q&A
2017 September Q&A: Where Are Our Rights?

Q. What do you do when the president of the board, property manager, and super are all from the same family? I tried waking up our shareholders with memos and flyers about the conflict of interest to no avail. Our beautiful Garden of Eden…

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Q&A
2017 September Q&A: Is HOA Responsible for Removing Tree Roots?

Q. We own a townhouse style condo (one unit on each side, no unit above or below ours ). We have a wooden deck in the back our unit. Deck maintenance (i.e., painting, wood repair) is our responsibility. However there is a big tree 15 feet…

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