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Does HOA clubhouse need to have doors locked

Posted on Fri, Aug 29, 2014 @ 06:52 AM

I live in an HOA in Clermont, Florida and we have a clubhouse and a pool area, tennis area and such. The clubhouse has been up for at least four years. Recently the local fire department came in and did an inspection and they now say that all doors within the clubhouse have to be shut at all times. Most all of the doors in the clubhouse have glass windows in them. My question is, is this correct, do these doors within the clubhouse have to be shut at all times? 

6 Comments Click here to read/write comments

Can condo association tow car for having no parking permit?

Posted on Thu, Aug 28, 2014 @ 04:53 AM

Can an association in California tow your car for not having a parking permit? The associations rules and regulations do not mention that a parking permit is required. It also states that open spaces are for guest only. A sign at the entrance of my street states public parking is prohibited. If I am a tenant, would I be considered "Public"? The towing company that towed me is also not listed under towing information. Please advise.

8 Comments Click here to read/write comments

Condo seller discloses pending association lawsuit to buyer

Posted on Tue, Aug 26, 2014 @ 04:53 AM

I recently purchased a condo in Florida and the seller disclosed a pending lawsuit. I requested all information/documentation concerning the lawsuit and was told by his real estate agent the lawsuit was finalized and there was a $300.00 assessment that he would pay. After I closed I learned at the 1st HOA meeting the judgment was for $600,000 and each owner may be assessed 6K but the BOD decided to file bankruptcy and appeal the decision. Also, I was not made aware of a MOA or MOA dues but found out at the meeting MOA dues were suspended/stopped during the lawsuit but BOD are discussing reinstating them at $200.00 per month. Should I seek legal action against seller, seller's real estate agent, my real estate agent?

9 Comments Click here to read/write comments

Should condo association meeting minutes be public record?

Posted on Mon, Aug 25, 2014 @ 05:33 AM

I am the board president of a condominium in NYC. In the past I've been asked to supply the most recent Annual meeting minutes and the most recent Board minutes to potential buyers. That makes sense to my and I'm happy to do it. Today a lawyer for a potential buyer has asked for all the minutes I've got going back over the years. I feel the most recent minutes give the most current information and anything more could just get confusing. All of the Annual minutes are available to all, however, Board minutes are often full of private and sensitive information about Owners that the Board needs to deal with discretely for all Owners' protection. If Owners ask to see Board minutes I happily hand them over but they understand that there may be some redactions of sensitive information. What is common practice when it comes to handing over Annual and Board minutes to potential buyers and/or their lawyers? 

6 Comments Click here to read/write comments

Does a property or condo manager have a fiduciary duty?

Posted on Wed, Aug 20, 2014 @ 07:20 AM

Does a “Full Service” property management co & individual mgr., have a fiduciary duty/obligation to the HOA to provide guidance & not allow the management’s personal to undertake work that is only a benefit to a few owners which would otherwise cost them money? Like upgrading individual “deeded” garages that only benefits some owners? One rule states – "no apartment owner or occupant shall give instructions to, or use for his own benefit the time of employees hired for the maintenance and services of the building or grounds". The Manager to the benefit of some owners, spent months of time getting bids and supervising the work. A little vague is the term “employees”, but still must also include the manager?

6 Comments Click here to read/write comments

How to prevent children from playing on streets of HOA?

Posted on Mon, Aug 11, 2014 @ 07:05 AM

Is there a law or regulation to prevent unattended young children from running or riding tricycle on street in the development? If none, how could we prevent this to avoid accident?

9 Comments Click here to read/write comments

Illinois condo association wants a special meeting

Posted on Wed, Aug 06, 2014 @ 08:00 AM

We'd (owners of condo association) would like to call a special meeting. What kind of petition would we need to do so? We are in Illinois. There are 26 of 28 Unit Owners. 

10 Comments Click here to read/write comments

How do condo associations handle emergency access to units?

Posted on Mon, Jul 28, 2014 @ 06:48 AM

We are small (<40 units) self managed beach front 5 story condo building that is used almost exclusively as a vacation property or second home. As the building ages we are finding a need for access to more units to inspect for water leaks in order to take identify and/or corrective action to minimize damage. We have the standard practice in place to turn off main water valve when units are not occupied but that is not sufficient because some leaks are not known or detected until damage is detected in a unit below. We are wondering what type of polices or practices have other condo's implemented to address emergency access to units? If you have a process in place, how are individual unit keys secured and made available for unit inspections especially when you have no resident agent. Please identify any control or liability issues you have addressed. 

10 Comments Click here to read/write comments

How does a condo association or HOA elect board members?

Posted on Thu, Jul 24, 2014 @ 07:50 AM

Our Condo Association was formed four years ago with 36 units and another 36 units to be added. Our bylaws call for 5 directors until the other units were built. The other 36 units were just built and the bylaws say there shall be 7 directors now. Does the board appoint the two vacancies until the next association meeting in May when a nominating committee nominates the board members to be elected at the annual meeting, or do we just stick with the board members that the board appoints until their term is up? I can't seem to find anything on this in Robert's Rules.

9 Comments Click here to read/write comments

Owner can not get condo board to make capital improvements

Posted on Mon, Jul 21, 2014 @ 07:18 AM

I am a non-driver and have asked the board to install a pedestrian gate where it would be a 10 minutes walk to Metro-rail. As it is, we only have a front gate and that makes it a 30 minutes walk in a circle. This has been an unreasonable limit on my entire lifestyle for over 3 years, since I have owned my unit here. It was my mistake not to check if there was a gate, but that simply did not occur to me because it is only logical a gate would be there. It would also be 8 minutes walk to several restaurants and a convenient store, so everyone would benefit yet the board has done nothing but stone-wall. They claim it is a security issue but that is ridiculous. Locked gates don't give criminals access to our property. It then becomes a cost issue, but a one-time expense for such an accommodation seems more than reasonable, when it is for the common good. It would actually not cost anyone a dime, because our discretionary fund has the money for such purposes as that. However the board is composed of people who are not only out of touch with reality, but the president is an absentee landlord who cares nothing about people except their rent. This is to me simply unacceptable. That is a larger issue but in regard to the gate I am truly puzzled, since doing that would raise the value of our property and make a difference in the lives of everyone who lives here. I am dealing with idiots, so it is pointless to reason. Then I asked them for some kind of compassion, but it has become clear they have no empathy. In other words we are talking about evil, or sociopathy in charge of a little dictatorship. Not on my watch. I didn't sign up for that and I need all the good advise I can get.

40 Comments Click here to read/write comments

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