Category: Q&A

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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Q&A
2017 September Q&A: Where Do We Go When Management Commits Fraud?

Q. Who can we contact to file a complaint, other than the Department of Business and Professional Regulation (DBRP), against the management company for knowingly submitting forged proxies at our annual meeting? We are a POA.  We already f…

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

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

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Q&A
2017 September Q&A: Stock Certificates and Co-ops

Q. I purchased a unit in a cooperative building in 2014. The board of directors claimed they no longer used stock certificates, even though our stockholders’ agreement calls for a simultaneous transfer of the certificate and the lease ass…

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Q&A
2017 April Q&A: Document Snafu and the Master Association

Q. I live in an HOA that is part of a master association. This master association has operated under 720 (HOA) rules for the 25-plus years I have lived here. We thought we must do a revitalization, so our management company and lawyer at …

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Q&A
2016 December Q&A: Voting by Proxy

Q. At a regular monthly meeting of a seven-member HOA board, where four members present constitute a quorum, can one of the absent members give her proxy to one of the four attending members to vote on specific issues on the board’s agend…

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Q&A
2016 December Q&A: Should My Board Hire an Unlicensed Contractor?

Q. We had some gutter and minor roof repairs scheduled. The budget is tight for some other reasons and the president stated that her husband was qualified and would do the work for free. He is not licensed or insured and will be working o…

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