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Can condo or HOA board undo rules and regulations?

Posted on Fri, Sep 26, 2014 @ 10:04 PM
  
  
  
  

Once a grandfathered clause in the rules and regulations is instituted, can another HOA Board of Directors later rescind or take away that grandfathered clause in the rules and regulations?

12 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
  
  
  
  

I hired a lawyers because I am having board problems within my condo association. He requested records to 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

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
  
  
  
  
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?

17 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
  
  
  
  

My neighbor rents out her condo and her tenant stored 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. My home still have the fowl odor and the garage has not been properly cleaned. The HOA is not following the declarations which states they have to send notices and fine the owner if they fail to clean up the 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 need to see visible damage. Can I file an insurance claim against the Board for not following the declarations of our community 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
  
  
  
  

I am the board president of a condominium association 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 me 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

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 association'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. 

12 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 condo association bylaws call for 5 directors until the other units were built. The other 36 units were just built and the condo association bylaws say there sha'll be 7 directors now. 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

How is simple interest calculated on condo fees and late charges?

Posted on Mon, Jul 07, 2014 @ 07:04 AM
  
  
  
  

I am an owner in a condominium association that is self-managed. I have agreed to help the Board of Directors with a spreadsheet that will track dues, payments, late charges and interest charges. The attorney for the association says that a simple interest calculation should be used instead of a compounding calculation. I am a software developer and have programmed both simple and compound interest for mortgages, etc., but I am not sure of how simple interest is calculated on dues and late charges. Can anyone help me with a specific step-by-step procedure?

7 Comments Click here to read/write comments

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