Can a homeowners association be expanded at any time by a developer to...
QUESTION Can a homeowners association be expanded at any time by a developer to include more units? Are there any specific requirements that need to be followed in doing so? ANSWERS The restrictive...
View ArticleHow can the association recoup fines on a unit that was sold?
QUESTION A resident was fined for a tree violation. Unknown to us they sold their residence the same day as the hearing. We provided 30 days to pay. How can we chase this fine? ANSWERS In theory, you...
View ArticleHow does a resident give notice to fellow residents that they are trespassing...
QUESTIONHow does a resident give notice to fellow residents that they are trespassing on private property? The HOA in this case prohibits trespassing signage. ANSWERSSome states have laws protecting...
View ArticleDoes a member of the executive board have the right to show contracts to only...
QUESTION: Does a member of the executive board have the right to show contracts to only certain homeowners without the executive board's permission? ANSWERS: Interesting question. The answer likely...
View ArticleAre proxies considered confidential or are they considered part of "Books and...
QUESTION: Are proxies considered confidential or are they considered part of "Books and Records?”ANSWERS: Proxies are voting records and should be made public to the owners. David G. Hellmuth Attorney...
View ArticleCondo Board must have express authority
QUESTION: I would like to find a statute which states that the Condo Board must have express authority in the Declaration of Condominium and other governing documents, or properly enacted amendment to...
View ArticleDoes condo law require condo reserve funds to be deposited only in...
QUESTION:Does condo law require condo reserve funds to be deposited only in FDIC-insured institutions, or may NCUA-insured institutions (credit unions) be used? ANSWERS: Generally, I am not aware of...
View ArticleDoes the Executive Board Members of a Condominium Association have the...
QUESTION:Does the Executive Board Members of a Condominium Association have the authority to vote and select a property management firm without the owners vote? ANSWERS: Unless the By-Laws indicate...
View ArticleCan a condo association use capital assessment monies allocated specifically...
QUESTION: Can a condo association use capital assessment monies allocated specifically for façade repairs to pay flood insurance, roof replacement and emergency repairs? ANSWERS: We are assuming that...
View ArticleIs the management company required to keep separate bank accounts for Reserve...
QUESTION: Is the management company required to keep separate bank accounts for Reserve Funds versus Working Funds? ANSWERS: There is no requirement that they be kept separate. However separate books...
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