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Is HOA board election required if only current members are running?

Posted on Thu, Oct 09, 2014 @ 02:22 PM
  
  
  
  
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We are an HOA community of 23 townhomes in New Hampshire.  There are five members on the board of directors, and members serve two-year terms once elected.  There are three open seats this year, and yesterday was the cutoff date for owners to announce if they were going to run.  The only candidates running are those current board members whose terms are expiring.  Are we required to hold an election?  Thanks in advance.

8 Comments Click here to read/write comments

How to make our condo association board of directors elections valid?

Posted on Thu, Oct 02, 2014 @ 09:29 AM
  
  
  
  
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How can we make our condo association board of directors (BOD) election stand as a valid one? I live in a Connecticut condo association. The board members elect the positions for the BOD. We needed to have elections held within 10 days of the annual meeting. The meeting was on the 10th day. At the meeting the President hands out agendas. The first order of business was to get a board member to resign. This was a ploy to even out the vote. The board member refused to step down. The last item on the agenda was to elect a president and a treasurer. The majority of the board was for a new president. A motion was made and seconded and the voting began. The president and two other board members started to pack up to leave even after being told the election must take place because it is day 10. They wanted to hold off the elections because they knew the majority was for a new president. Now the president is not acknowledging the election.

My question is shouldn't the first order of business have been the election? Even though members walked out and the voting continued is that election valid? What can we do to get the other board members to respect the fact that the old president has been replaced? How can we make sure the coop's attorney will be fair in advising us on this issue? (The old president has been around for awhile as well as the attorney).

3 Comments Click here to read/write comments

How much should condo association documents cost to retrieve?

Posted on Tue, Sep 16, 2014 @ 04:34 AM
  
  
  
  

 

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I'm having problems with my condo association board of directors, and hired a lawyer. He requested that records be copied and sent to him. What is the appropriate fee to photo copy a page? Does my lawyer have to send his request for records via certified mail? Thank you in advance.

10 Comments Click here to read/write comments

Property manager charges condo seller for approval document

Posted on Thu, Sep 11, 2014 @ 07:28 AM
  
  
  
  
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I am a condo association board member and just found out from an angry co-owner that he had to pay $125 to the property management company in order to get a status letter to sell his unit. I agree with seller that this a rip off considering what little work is entailed to put together this letter. Can we as a board require the management company to produce this info at no cost to owners in good standing? Isn't this info ours to begin with?

18 Comments Click here to read/write comments

HOA neighbor's dog creates problems and board will not help

Posted on Mon, Sep 08, 2014 @ 04:44 AM
  
  
  
  
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My neighbor rents out her condo and her tenant kept a dog in his garage. The garage wall is shared with my living quarters. A fowl odor is coming into my home. He has since removed the dog, but my home still has the fowl odor and the garage has not been properly cleaned. The HOA is failing to follow declarations which state they have to send notices and fine the owner if they fail to clean up damages. The condo association property manager sent me a letter on behalf of the board telling me to file a claim with my insurance company. My insurance company adjuster said she needs to see visible damage.

Can I file an insurance claim against the Board for not following the declarations of our condo association in resolving resident issues? Do I have to hire an attorney or file in small claims against the owner or the board? How can I make the owner clean up her side including her drywall, shared wall and the damages to my property? Everyone keeps referring me back to my HOA and they are not doing anything to help.

14 Comments Click here to read/write comments

Should condo association meeting minutes be public record?

Posted on Mon, Aug 25, 2014 @ 05:33 AM
  
  
  
  
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I am the president of a condo association board of directors in New York City. In the past I've been asked to supply the most recent annual meeting minutes and the most recent board of directors meeting minutes to potential buyers. That makes sense to me and I'm happy to do it.

Today a lawyer for a potential buyer has asked for all the minutes I have 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 meeting 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 meeting 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 of directors meeting 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
  
  
  
  
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Does a “full service” property management company and individual manager have a fiduciary duty or obligation to the HOA to provide guidance and not allow the management’s personnel to undertake work that benefits only a few owners, which would otherwise cost the owners money? An example would be upgrading individual “deeded” garages that only benefited some owners. The property manager spent months of time getting bids and supervising the work.

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 term “employees” is a little vague. Does this also include the manager?

6 Comments Click here to read/write comments

Illinois condo association wants a special meeting

Posted on Wed, Aug 06, 2014 @ 08:00 AM
  
  
  
  
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We are condo owners in Illinois and would like to call a special condo association meeting. What kind of petition would we need to do so? There are 26 of 28 condo unit owners.

11 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
  
  
  
  
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We are small (<40 units) self-managed beachfront 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 identify and/or take corrective action to minimize damage. We have the standard practice in place to turn off the 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 associations 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.

13 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
  
  
  
  
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Our condo association was formed four years ago, with an initial 36 units and another 36 units to be added. Our condo association bylaws call for a total of 5 directors for the first 36 units, and a total of 7 directors once the additional 36 units are added.

The other 36 units were just built, requiring that the two board vacancies be filled. Does the condo association 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.

10 Comments Click here to read/write comments

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