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Condo unit owner lacks access to older versions of Rules/Regs and CCR

Posted on Fri, Nov 21, 2014 @ 07:00 AM
condo association member lacks access to previous Rules, Regs, CCR versions 112114 resized 600

I am part of an Illinois condo association. Our condo association Rules and Regulations were updated earlier in 2014. I moved into my condo unit 27 years ago and received a welcome packet at that time, but have never received a copy of the Rules and Regulations and/or CC&R.

Shouldn’t these have been provided? What am I supposed to compare the updated version to?

12 Comments Click here to read/write comments

Notification requirements for condo association board meetings

Posted on Thu, Nov 20, 2014 @ 07:00 AM
Condo association board member meeting notification requirements_112014

Our condo association board recently held its annual election on 11/1/14. Five positions were open and three people ran as incumbents. I was elected to one of the other two open positions.

I have just learned that the current condo association board President called a meeting and notified four of the five current members. The member who had not been notified has since been informed that the meeting is to be held tomorrow, yet this is only one day’s notice instead of the ten days’ notice that is stated in our condo association’s bylaws.

This is a closed meeting and is not open to all condo unit owners. That’s where I and the other person who is gone all Summer out of state are to be appointed. Aren’t the persons to be appointed to be included? And shouldn’t everything except legal or executive material be discussed at a meeting open to all condo unit owners? We have over 200 units in our condo association.

11 Comments Click here to read/write comments

Required attendance for condo association board quorum in Illinois

Posted on Wed, Nov 19, 2014 @ 07:00 AM
condo association member questions board requirement to hold quorun 111914 resized 600

What constitutes a condo association board quorum for executive session?  Our condo board is 7 members. However, 2 have recently resigned. At this point, If the board holds an executive session meeting and need quorum (50%?), would it be 3 members (50% of 5) or 4 members (50% of 7)?

I could not find this answer in either the Condo Property Act or our Bylaws. Also, I believe our Bylaws are quite outdated. Thank you.

7 Comments Click here to read/write comments

Condo association member questions board member election process

Posted on Mon, Nov 10, 2014 @ 07:00 AM
condo association board member election vote counting 111014 resized 600

We are a 70 person condo association in New York City and are about to hold an election. Our Board of Directors has made the decision to perform the vote tally offsite at the office of the condo association property management company, instead of counting them during our annual meeting.

In 2012, the votes were counted during the annual meeting as it states in the ‘order of business’ section of our bylaws. Last year they had the votes counted at the property management office and we ended up with the same exact board of directors members. Condo association members were never given a vote count or even minutes from the meeting. Our board is not the most trustworthy group of people, and one member specifically is your typical bully.

Shouldn't our condo association be following the ‘order of business’ section as it is written in our bylaws? It reads ‘election of managers (in the event there is an election)’. Doesn't this mean that managers are elected at the meeting?

5 Comments Click here to read/write comments

Condo association President contracting work to his own company

Posted on Sun, Nov 09, 2014 @ 07:00 AM
condo association president contracting work to his own company 110914 resized 600

Our condo association President contracts much of the work done here to his own company. Is this a conflict of interest? Our bylaws state that you can’t run a business out of your home.

What can we as a community do?

9 Comments Click here to read/write comments

HOA prevents condo owners from posting security signs in yard

Posted on Tue, Nov 04, 2014 @ 07:00 AM
HOA imposes rules on condo owner for yard security sign 110414 resized 600

Can my HOA prevent me from having an ADT security sign in my front yard? I need it for personal security reasons because I was involved in a road rage incident back in June.

There are several HOA's in my community (Terra Ceia Bay Golf and Country Club in Palmetto, FL), and my association is the only one that will not allow security signs in the yard.

9 Comments Click here to read/write comments

How can condo association board regulate the use of garages?

Posted on Mon, Oct 27, 2014 @ 02:25 PM
condo association board regulations 102714 resized 600

I am a board member on an Arizona condo association. Our CC&R governs the use of garages, and states that the doors must be closed, except for three types of activity: necessary work and maintenance on vehicles, activities related to the garage area (painting, yard work, etc.), and engaging in hobbies requiring ventilation or egress and ingress.

In my view, this section was included to prevent the garage from becoming, say, a ‘clubhouse’ for parties and such things. There are also prohibitions in the section stating there must be room for one vehicle, that and that the garage cannot be used for living quarters or running a business (auto customization, etc.), though the tools and equipment necessary to run a business (landscaping, for example) may be housed there provided the other conditions are followed.

Our management company recently attempted to expand this definition to say that simply being in the garage, say, without falling into one of the prescriptions for use, is ingress, even if there is none. To my interpretation, this rule was created to prevent the neighborhoods from turning into ‘block parties.’

I am interested in a response that may help to clarify this. Thank you.

4 Comments Click here to read/write comments

Condo unit tenants to be served breach of contract. Is info public?

Posted on Wed, Oct 22, 2014 @ 07:00 AM
condo breach of contract_102114

I live in an Illinois condo association that also has rental units. A new rental tenant with four kids – a twelve-, eight-, four-, and two-year-old – recently moved in. This tenant is month-to-month renter (a bank owns the property, but is not making assessment payments, so they let the HOA rent out the unit on a month-to-month basis.)The parents don't seem to be able to keep the kids from running, jumping, and stomping in their rental unit, which goes on just about all day long.

I initially spoke with the parents and they said they would take care of the problem, but they have not and the situation has worsened. I then spoke with the HOA president and also the condo association manager about the matter. It was decided that a meeting should be held with the renter to go over the condo rules and regulations to ensure they were aware of the noise provisions rule.  In an effort to prevent continued violation of the condo noise provisions rule, a first floor unit was even offered, but the tenant refused stating that they didn’t want to move and that they wanted to stay in their current unit. 

I informed the HOA president and condo association manager that the tenants are continuing to cause a disturbance and affect our quality of life.  I was asked by the mother at one point – what do we expect from kids? – and was then told I had to get used to it.  They can’t have it both ways at our expense, and am under the assumption that this puts them in direct violation of the condo rules and regulations, especially since they had refused the offer to relocate to a first floor unit.

The HOA president and condo association manager said the matter was referred to our condo association lawyer, who was to send a notice for "breach of contract" to the rental tenant by a special server. I contacted the office a few days later to get an update and they stated the server came but the tenants were not at home. What is the procedure for a special server to serve notices to a particular person? Do they have to serve the person face-to-face? Do they use certified or registered mail to serve? How often and how long does it take to serve a particular person? Can I request copies of any correspondence on this matter? I'm thinking of moving, but thought I'd get some more knowledgeable views on this. Does anyone have experience with or insight into a matter like this?  Any thoughts and/or opinions would be greatly appreciated.

28 Comments Click here to read/write comments

Florida condo association BOD eligibility with past conviction?

Posted on Fri, Oct 17, 2014 @ 07:00 AM
BOD eligibility with past conviction 101714 resized 600

Is a person eligible to become a member of a Florida condo association board of directors if they have a past criminal conviction in Florida that is 20 or 30 years old?

5 Comments Click here to read/write comments

How can we make badly behaved HOA residents feel a consequence?

Posted on Tue, Sep 30, 2014 @ 01:04 PM
badly behaved HOA residents 093014 resized 600

I live in a condo in NYS. In reading our governing docs I don't find an answer to this question and am wondering if anyone can help. We have residents (owners and renters) who have been given copies of rules which they have signed noting their understanding, etc. Perhaps times have changed - more than ever before we have a number of newer residents in our condos who don't adhere to the condo association rules. They pay their fines which until now have been nominal at best. We have recently voted to increase fines in hopes that it will call attention to the seriousness of the problem. Other than fines and the withholding of pool passes, is there anything else that can be done to make badly behaved, disrespectful residents feel a consequence for their actions? It seems that condos have no bite when it comes to this problem. Conversations have not helped. I keep thinking if just once we could do something to enforce our rules in a way that might cause the resident a hint of discomfort or embarrassment it might help to stop some of these behaviors that are so aggravating and frustrating to the other residents. Thanks for your help.

10 Comments Click here to read/write comments

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