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Sample ByLaws for a Condo Association or HOA

Posted on Sun, Jan 31, 2010 @ 09:59 AM

Association Membership

Section 1. Members. All residents of this community association, condo association or homeowners association who are 18 years of age or older are eligible to be members of this Corporation. All members of the Corporation may vote for and are eligible to be officers of the Corporation.

Section 2. Annual Condo Association Meeting. The membership shall elect a Condo Board of Directors at the annual meeting to be held in the community at a time designated by the President of the Corporation. The membership and Board of Directors shall be notified not less than 15 days before the date of the annual meeting. Notice shall be given by posting the scheduled date, time, and place of the meeting in at least three prominent public locations in the community. The annual meeting shall be open to the public.

Section 3. Regular Condo Meetings. The Condo Board of Directors will meet regularly on the __________ of every month. These meetings shall be open to the public and shall be publicly noticed by posting the scheduled date, time and place of the meeting in at least three prominent, public locations in the Community.

Section 4. Special Condo Meetings. Special meetings of the membership may be called by or at the request of the Chair or any three Directors or by a petition of ten percent of the registered members. These meetings shall be public and shall be publicly noticed at least 15 days in advance by posting the date, time, place and purpose of the meeting in at least three prominent, public locations in the community. The members may not address any matter which is not stated in the public notice as the purpose of the meeting.

Section 5. Quorum. members of the Condo Board of Directors constitute a quorum for the transaction of business at any meeting of the Board. affirmative votes are required for any action taken by the Board.

Section 6. Condo Association Voting and Voting by Proxy. All members are entitled to vote and shall have the right to do so in person or by an agent authorized by a written proxy executed by the member filed with the Secretary of the Corporation. Such proxy shall by valid only if executed in favor of another member and no proxy shall be valid after the expiration of eleven months from the date of its execution.

Section 7. Order of Business. The order of business at all meetings of the members shall be as follows:

A. Roll Call

B. Proof of Notice of Meeting or Waiver of Notice

C. Reading and Approval of Minutes of Preceding Meeting

D. Reports of Directors

E. Reports of Committees

F. Unfinished Business

G. New Business

H. Election of Directors (if applicable)

I. Adjournment

Board of Directors

Section 1. Condo Directors. The number of directors shall be seven. Directors shall be members of the Corporation and shall act on good faith charge of the members of the Corporation.

Section 2. Term of Office. The term of office for each director shall be for three years from the time of his or her election at the annual meeting until his or her successor has been elected and qualified. All officers are elected by and from the directors for one year terms. To allow for terms to expire each year, initially the directors' terms shall be as follows:

1. Director Three Years Term Expires 2003

2. Director Three Years Term Expires 2003

3. Director Three Years Term Expires 2004

4. Director Three Years Term Expires 2004

5. Director Three Years Term Expires 2005

6. Director Three Years Term Expires 2005

7. Director Three Years Term Expires 2005

The initial seats shall be assigned by drawing straws.

Section 3. Vacancies. Except as otherwise provided, any vacancies occurring in the Condo Board of Directors, whether by resignation or removal, shall be filled by the majority vote of the remaining Directors. In the event of the simultaneous resignation and/or removal of three or more Directors, the membership shall hold new elections to fill those vacant positions on the Board. Those Directors so elected will serve for the remaining portion of the unexpired term.

Section 4. Removal of Directors. Any Director may be removed by a majority of the members who vote on the issue providing that just cause has been established and whenever, in their judgement, the best interests of the Corporation would be served by doing so.

Condo Association and Election Voting Rules

Section 1.Condo Association or HOA Election Notice. A notice of vacancies for expired terms of office for Board of Directors and a notice that an election shall be held shall be prepared and posted by the Secretary and shall contain the following:

1. Whether the election is general or special

2. Date of the election

3. Location of the meeting where the election will be held

4. Time of election meeting

5. Seats or office to be filled

6. A statement describing voter qualifications

Section 2. Nominations. Nominations for Board of Directors shall be open nomination from the floor at the annual membership meeting.

Section 3. Ballots. Ballots will be on plain white paper with a space for writing in the nominee's name and a blank square for marking a vote next to the nominee's name.

Section 4. Voting Procedures. Voting procedures are as follows:

1. The Secretary shall check for the member's name on the Master List of members. If the member's name appears on the master membership list, that person is deemed qualified to vote.

2. Qualified voters shall give his/her name to the Secretary and then write it on the blank list or membership roster.

3. Voters shall mark the ballot next to the name of the nominees they wish to vote for, as provided in

Section 3: Ballots.

4. Voting will be by secret ballot. Ballots will be marked in pen. After the ballot is marked, the voter will fold it and deposit it in the ballot box.

Section 5. Tallying Procedures. Before counting the ballots, the Secretary shall check to make sure that the number of member's names signed on the membership roster is equal to the number of ballots in the ballot box.  The ballot box shall be opened in public. The ballots shall be tallied by the Secretary or a committee of judges selected from the membership and recorded by the Treasurer.

Section 6. Certifying the Election. The election shall be certified by the President and Vice-President of the Corporation. Nominees receiving the greatest number of the votes cast shall be considered elected

Directors. For example. If two seats are to be filled, the top two vote getters are the newly elected directors.The Secretary shall post a copy of the report of election results in three public places the day after the election results are known. The notice shall include:

1. That the election has been certified by the President or Vice-President,

2. That the final results of the election, and

3. A list of the names of the new Directors.


Section 1. Selection of Officers. The Board of Condo Directors shall elect from among themselves the following officers; President, Vice-President, Secretary and Treasurer. This shall be the first order of business of the first meeting of the Board of Directors following the elections of Directors at the annual meeting.

Section 2. President. The President is the principal executive office of the Corporation and shall, in general, supervise and control all of the business and affairs of the Corporation. He/She shall preside at all meetings of the Board of Directors. He/She shall sign contracts or other instruments which the Board of Directors has authorized to be executed.

Appendix C

Section 3. Vice-President. In the absence of the President, or in the event of his/her inability or refusal to act, the Vice-President will perform the duties of the President, and when so acting will have all the powers of and be subject to all the restrictions upon the President.

Section 4. Secretary and Treasurer.

The Secretary shall:

1. Keep a journal of proceedings of the Corporation, record all votes at meetings of the Corporation,

and provide for the electronic recording of meetings of the Corporation when possible,

2. Provide for the standardization and maintenance of all forms, books, and records of the Corporation, and

3. Keep the Corporate seal and affix the seal to all contracts and instruments authorized to be

executed by the Corporation.

The Treasurer shall:

1. Manage, deposit, and invest all funds of the Corporation as directed by the Board of Directors,

2. Disburse money for all corporate obligations, and

3. Keep regular books or accounts of all corporate financial transactions, and provide for financial

reports or audits as directed by the Board of Directors.

Chapter Five

Contracts, Checks, Deposits and Funds Finances

Section 1. Contracts. The Board of Directors, at the direction of the membership, may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances as authorized by the Board of Directors.

Section 2. Checks, Draft Signing Authority. All checks, drafts, or orders for payment of money, notes or other evidence of indebtedness issued in the name of the Corporation and in such a manner as shall be determined from time to time by the Board of Directors, shall be signed by the Treasurer and shall be countersigned by the President or Vice-President of the Corporation.

Section 3. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select.

Section 4. Gifts. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or device for any special purpose for the Corporation.

Section 5. Grants. No grant monies from the State, federal or other governmental entity shall be applied for without the majority vote approving such application at a meeting of the members of the Corporation.

Section 6. Dues. Dues may or may not be assessed by the Board of Directors, but may not exceed five dollars per member per year.

Section 7. Fiscal Year. The fiscal year of the Corporation shall begin on the first day of July and end on the last day of June the following year.

Books and Records

The Corporation shall keep correct and complete records of financial transactions and accounts, and shall also keep minutes of the proceedings of its Board of Directors. All books and records of the Corporation may be inspected by any member, or his/her agent or attorney, for any purpose at any reasonable time.

Amendment to Bylaws

The bylaws may be amended by an affirmative vote of two-thirds of the members voting at an annual meeting. The text of the proposed amendment must be included in the public notice announcing the time, date and place of the annual meeting.

Adoption of Bylaws

This is to certify that the above bylaws were adopted by the Board of Directors at a meeting on the day

of , 200_.






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I stopped reading immediately after I read the first paragraph. 
Why would an any Association want to allow "residents" to be a member of the Association and serve on the Board?  
That would allow someone who was simply renting to be on the Board and vote.

posted @ Sunday, January 31, 2010 2:31 PM by Joyce Nord

If a Board refuses to follow by-laws is that just cause. Our members are afraid, justifiably, of the Pres. and although they want something done they won't speak up. Should we just chip in on a lawyer and charge the Board with --- 

posted @ Saturday, May 08, 2010 5:17 PM by crot

Just cause for what exactly? 
The President is only one vote. The entire board should vote and weigh in on all business matters. 
If you can't rally majority of the board or residents to vote the president off.....then I'm not sure what you intend to "charge" the Board with. Any course of action you may have is a civil matter and there are no charges, only suits. For example, you sue the board to enforce XYZ, or you sue the board because they didn't do XYZ. There are no charges unless you can prove they did something criminal and get your State Attorney to file charges. Good luck with that.

posted @ Saturday, May 08, 2010 7:12 PM by Joyce Nord


posted @ Monday, May 31, 2010 11:46 PM by Jessica Johnson

Can condo association papers specify that owners/buyers of condo properties must be over 55 years of age with no children?

posted @ Wednesday, June 02, 2010 8:57 PM by

I live in a family complex. We have been told that the children are no longer able to play hockey in here because on owner claimed without proof that his garage door was damaged. The council agreed. I have had 3 people look at his garage door, two marks were from the inside and pushed out and one very small mark that could be from a hockey stick. The kids play with a tenis ball not a hockey puck. Do they have the right to say they cannot play in here anymore? They also say the kids cannot play in here unsupervised. That is not stated in the bylaws. Can they enforce it? 
Thank you 

posted @ Sunday, June 06, 2010 6:13 PM by Christine Lutley

The Board has the ability to adopt reasonable rules to protect the common elements and other units which is what it seems your board is trying to do. 
Many condominium documents state children may not play upon the common elements at all including the parking lot, driveways, hallways, etc to prevent such issues. It would not seem unreasonable for your board to declare children must be supervised.

posted @ Wednesday, June 09, 2010 8:11 AM by Joyce Nord @ bestcondomanager.com

We are a small association of only 16 owners. We have a terrible time getting owners to attend meetings. Thus, many issues must be tabled because we don't have enough voting members present. We even have trouble getting owners to attend the Annual Owners Meeting. Any suggestions?

posted @ Friday, July 16, 2010 11:01 AM by Kathy

We are a small 3 unit association. One of our units is in foreclosure. Is the bank or loan company responsible for the monthly association dues since the owner cannot even make his mortgage payments or must the association pay the dues.

posted @ Monday, July 26, 2010 9:34 PM by joanne

Is it possible for someone to request withdrawing from an association? I live in a free standing house/condo of a small association of 11 homes and am very dissastisfied with how it is managed. Any chance at all I can get out of it without selling?

posted @ Tuesday, August 03, 2010 5:15 PM by Mary

I am the president of my association and posted a meeting notice on thursday 4:30pm for a meeting on saturday at 5:30pm, one bord member showed and other call on a speaker, out of 5 that we are in the board. I includded on the agenda the NO RENEWAL of the management company with us, when I told the manager on monday she went mad and call the other two member wich side whit her all the time and they are demanding another meeting sayin that the one we hold was not legal. They specifically argue that I had to tell them abouyt the meeting before posting the notice in the community. Where do I stand?, the 3 board memebers voting the renewal down want somebody new and got 3 months to get one out of 3 possible management co. we shoped arround. Do I have to bend and go to "their" meeting? Should I contract a legal advisor with association money?, Thanks a lot. 
By the way, I just left Miami for Mississipi in a 4 month long work schedule wich will dua a little harder to manage this with my two board memebers (secretary and treasurer) on my side and Vice president and a director on the management side. according with the contract on sep. the 3rd. the contract will renew if they dont recived a certifyed letter saying so from the association, and now she says the president cant decide to not renew the contract, that I need the mayority of the board to decide this, is that right? 
Thanks so much for the suggestion you can provide me with, Im aware you are not responsible for my decision or outcome of you advice but it could make a light on my dark ignorance right now.

posted @ Tuesday, August 24, 2010 5:45 AM by Armando Navarro

Many condominiums have one or more co owners. I do not see instructions on this type of ownership. For example do all co owners have to sign the ballot or proxy.

posted @ Tuesday, August 24, 2010 2:38 PM by Charles Adler

I read your first paragraph where you refer to resients-is aresident who rents his unit qualified to be an officer of the association??? I don't think you intended that interprestation.

posted @ Monday, August 30, 2010 10:02 AM by Charles Adler

We are having occasional closed board meetings. Our board spends a lot of time working with owners who are having financial problems. It is to our advantage keeping people in their homes and paying association fees. If they walk away from their investment, we lose too. We need to do this at closed meetings. We also have closed meetings when we deal with personnel issues or contract negotiations. The rest of the meetings are open to owners or their representatives. We don't have meetings open to the general public.  
We do not have many owners attending our regular board meetings. I look at this as a non issue because the board is elected to make most of the decisions. I am trying to make sure all of the owners are kept up to date on what is going on whether they attend meetings or not.

posted @ Friday, September 17, 2010 11:32 PM by J. R.

I am on the board of my condo association. We have a lot of problems. We need to amend or upate our bylaws but we can no longer afford an attorny. Can we get the correct forms from Legal zoom or someplace like that ? Also we need to restrict rental units to two residents only, The water bills are too high and there are no safe placed for children to play on the properly but we do not exclude children. Also we have a problem because we now have two many renters and not enough resident owners. Can we put it in the by-laws that we can Withhold approval on the sale of unit if the unit owner only wants to rent the unit and not live in it ? PS: We live in florida. Thanks

posted @ Friday, September 24, 2010 1:44 PM by Mark Hetzner

Get a copy of the Florida Condominium Act. I would expect you'll find a detailed prcedure you neesd to follow to "modernize your bylaws" It is not an easy proce3ss because in most states a bylaw change requires an affirnative vote from 2/3 of the council of unit owners. Further it is not a quick process-could take you y6 months or more.

posted @ Friday, September 24, 2010 4:27 PM by Charles Adler

If you update your bylaws you can include anything you wish as long as it does conflict with your state Condominium Act.

posted @ Friday, September 24, 2010 4:36 PM by Charles Adler

Omitted is adoption of an agenda. Without an agenda you have no control over the issues that shall be addressed. If Robert's Rules of Order are to be used then it should say so in the bylaws and the board members as well as ther atendees should be briefed concerning these rules. An elementary understanding wikll resuklt in shorter but more productive meetings. 
Also clearer definintion of closed meetings of the Board and the minutes required from such meeting that are attached to the subsequebnt board meeting.

posted @ Monday, October 04, 2010 1:00 PM by Charles Adler

I have built a efficentacy room on my unit. I am 81 years old and now need someone in that efficentacy as a caregiver. My condo association says I can not do this. Does anyone know a ruling which will pretect me from the witch who is president of my association. 3 out of 5 members of the association are snowbirds and not there to assist me. Thank you for any and all help you can give me with this problem.

posted @ Thursday, October 07, 2010 2:53 PM by David Lewis

I'll be happy to try and help but you have to tell me inwhich state your home is located.How many units comprise your association?

posted @ Thursday, October 07, 2010 3:47 PM by Charles Adler

My Board of directors and Superintendent, husband of president, are now forbidding my mentally handicapped 41 yr old daughter fro bringing newspapers into the building for her to assemble in her unit in order for her to complete her 3 paper routes - 70 papers 3 times a week. Can they do this ?

posted @ Thursday, October 14, 2010 3:39 PM by Patricia Belcourt

Jessica Johnson 
2/3 majority of the council of unit owners. The coucil is composed of all unit owners.

posted @ Thursday, October 14, 2010 4:17 PM by Charles Adler

Mark Hetzner Download the Florida condominium Act. You'll find your answers in that document.

posted @ Thursday, October 14, 2010 4:19 PM by Charles Adler

Mary-In what stat5e are you located?? Download your states Condominium Law by putting "statename@condominium act" 
Thast document contains the answer you need f to straighten out the question of meeting notice requirements.

posted @ Thursday, October 14, 2010 4:19 PM by Charles Adler

wherencan i get a cop of condo bylaws

posted @ Friday, October 29, 2010 7:33 PM by jan

I have the same question Joyce and Charles have already posted but is still unanswered. A 'resident' is anybody who lives there, so can a renter be on the board??? That paragraph is confusing and needs clarification. As it seems to read now, the answer is 'yes', but that makes NO sense to me at all. A couple of renters could get on a board and clean out the bank account and leave. The homeowners would be stuck with no recourse. Please---somebody explain this to me!!! Thanx!!!

posted @ Wednesday, December 01, 2010 12:38 AM by Denise

Denise--It is quite normal that renters (residents) are allowed to vote at Board Meetings. But,in accord with most state condominium acts a memebr5n of the board of directors must be a unit owner.\ I again repeat my suggesting. Do not post a comment to a posterd question unless it is directly related to that topic. This board is an example of multiple questions all intermixed which then make it difficult to identify which comment you wish to reply to.

posted @ Wednesday, December 01, 2010 7:23 AM by Charles Adler

Sample by laws 
Several ommissions 
Adoption of Agenda 
Statement as to what rules shall be followed in conduct of meetings (Robert's Order Newly Revised 2005) 
Also these provisions must be checked against the p[rovisions in your documentgs and against your state condominium law. 

posted @ Wednesday, December 01, 2010 7:27 AM by Charles Adler

Question, What are the rights for a recall election for the president. If the proxy's are handled in a malicious way with false truths to get the old president out and a new president by proxy vote.

posted @ Saturday, December 04, 2010 8:38 PM by Mrs.J N

This blog is out of control. There are too many different issues raised and that makes it very difficult to address response to any individual query. Please confine replies to only the issue raised. 
But for all the issues raised I'd suggest that each poster review their association documents,bylaws and state law to gain an understanding of what the rules and laws are that govern your life in your association.

posted @ Sunday, December 05, 2010 10:00 AM by Charles Adler

I am working with a neighborhood association to repair playground equipment in a local park. a local homeowners association recently committed to match up to $1,000 any funds contributed to the project by it's members. $2,225 was raised and when we asked the association for the matching funds, we were informed it was against their bylaws.  
I have not seen their bylaws, but my limited research would suggest this is would be an acceptable activity of most homeowner associations. Can you provide me with any guidance on this matter?

posted @ Wednesday, December 15, 2010 11:18 PM by chuck keers

HOA By-Laws and CC&R's are Public Records. They should be filed with the County the HOA is in, in the Public Records or County Recorders Office under the not-for-profit incorporated name of the HOA. You could also just ask the board to supply you with a copy of the By-Laws (it IS Public Record...) and to indicate specifically what article supports their claim. I doubt that the By-Laws support their claim tho. Hopefully, you have the agreement in writing from a legitimate board, or have witnesses to the conversation. Anytime any agreement of any kind is made, it should be in writing, especially if it involves money... Good luck!!!

posted @ Thursday, December 16, 2010 1:00 AM by Denise

I have been a renter in my associated governed townhouse for 8 yrs, I don't care if I can be on the board, But Im not even allowed to attend any meetings, receive any notices directly, and have even been denied the rule manual in which Im expected to abide by..some of these comments are extremely discriminatory, As if renters are 2nd class citizens!

posted @ Friday, April 29, 2011 3:41 AM by Jenny

my condo have only 20 units in miami and we have elected a new board. but the president move out to michigan city and then month later the association did their own metting and deside to change some members on the board and finaly they hired a management company to handle only the bills to pay and collect the money for 550 a month without informing anyone the reduce and change members of the board and hired a anew management and we dont now anything about the money in the reserved or anything about what has be done on the building. I call the president and he said there is 50 thousand dollars aprox he said but nothing in writting has be informed. my question is if theey can change members in the board without asking for election or metting. if they can hired a management company and informed Us later of the existent. if the supposed to have Us informed about the money in the reserved and expenseve of the building.

posted @ Sunday, August 21, 2011 3:55 PM by raul

to KATHY re: your post on July 16 - "here's how I have heard it done" - simply announce a Special Meeting to discuss a Special Assessment. Works like a charm. Note you are *discussing* a special assessment, not implementing or voting. Be overflowing with gratitude for everyone showing up and invite them back. Listen to complaints and gripes, and then ask for solutions and volunteers to help.

posted @ Wednesday, August 24, 2011 12:52 AM by JIMMY D

I am the secretary of our 40 unit codominium association - all free standing homes. Each unit owner pays their condo fee once a year. We all maintain our own services. The association does not supply anything for us. There is a small "common" area that is maintained by a lawn service. We usually maintain a checking acct. balance of $6,000. Do we need to designate a separate fund for legal expenses, or for anything else?  

posted @ Tuesday, September 06, 2011 8:21 AM by Julie F.

I am the treasuer. Does all member have to be up to date with payment in order to vote in a meeting.

posted @ Sunday, September 18, 2011 11:21 AM by Flora

What are the requirements to become an associate member? I think the regulations made by the board are sometimes difficult to understand people. Well, I've heard that people aged over 50 years without a child should not have a condo. 
Have you also ever heard of this? 
By the way, why the election board of directors must be made within a period of three years?

posted @ Friday, October 21, 2011 10:22 PM by Clay

my husband and I need a copy of the bylaws for the condo unit that we are renting out because the unit above ours is leaking and we need to file a claim with the insurance company. The association is asking for $50 for a copy. This seems extreme as we pay a high association fee monthly. We reside in Michigan. Is it legal to charge such a large amount for a copy of the bylaws? I don't even need them printed if they are worried about the paper.

posted @ Monday, October 24, 2011 8:33 PM by kelly

Thanks for sharing the ByLaws for a Condo Association.. What are the requirements to become an associate member?

posted @ Tuesday, October 25, 2011 11:17 PM by Real Property Management Nampa

a high association fee monthly. We reside in Michigan. Is it legal to charge such a large amount for a copy of the bylaws? I don't even need them printed if they are worried about the paper.

posted @ Wednesday, October 26, 2011 12:12 PM by coach

Can a non-board member be treasurer or secretary of the board?

posted @ Saturday, November 05, 2011 12:11 AM by J wood

I just moved in to a small 4 unit and have been nit picked about everything i do now i was told i cant have anything in the "common area" bikes dish table ect.. now i rent and from what i have come to learn that dont matter now for the lady to come over and be rude to tell me that she called the landlord to see if i knew the rules now it was over the recycling and my kids table that was being cleaned before it went in the house. Now the have a car they park on the grass " the common area" the have a small pool they have put fish in it and they have a lot of other things in the "common area" now that would needed to be moved right?? I live by treat others how you want to be treated eye for an eye tit for tat you know lol i just want to live with out someone over my shoulder and watching everything i do............ 
Maybe i shouldn't have moved in there ?? What do you think?? 

posted @ Saturday, November 12, 2011 10:44 AM by Michael Roux

Can a condo restrict political symbols mounted on a window facing the outside? 
Are bylaws allowed to restrict such displays?

posted @ Monday, December 05, 2011 8:43 PM by Ken Goch

My mother had a condo and she did all the work herself, out of state. I saw how much trouble she had trying to keep the place in order and also had trouble collecting the rent on time. Where can i get the real copy of condo bylaws? thanks for the infos..

posted @ Thursday, December 15, 2011 11:35 PM by Boise Property Management

You may be so excellent blog post which i might enjoy every single day, at present not can locate so excellent web log, the majority are really own will show, you don't have competent education.

posted @ Saturday, December 17, 2011 12:29 AM by pandora jewelry

I am a renter in a 25-30 unit community. I have been there two years and fought many $50. non-legit rediculous fines. Recently they have taken it a step further and towed my car from our guest parking with my guest in my parking spot. No warning was issued and I had done so not more than hand full of times previous. Very expensive way to "teach me a lesson". I have two parking spots assigned to my condo, I lend one to my 18yo female neighbor who gets off work late. They are threatening to tow her car now, even with mine and my landlords consent to park there. Is there any way to fight this from the top. It is a management company that have been harrassing me as a tenant for the past year.

posted @ Wednesday, December 28, 2011 6:12 PM by Jnagy

I am currently the president of a small Wisconsin condo of 11-units and I'm trying to make sense of our Declaration of Condominium document with respect to our articles of incorporation and especially the institution of the Board of Directors. After our declarant (the general contractor) left, we had 3-board members, 4-officers and 3 other unit owners in the Association. The 3-board members have since defaulted on their mortgages and have left the association and have left us with only our 4-officers and 3-other owners. In order to adhere to the tenants and provisions of our Declaration, we need to have a board. What I would like to know is, is it possible to collapse or integrate the duties of the board into those of the officers and abolish the institution of the Board? With such a small group, it seems almost ludicrous to have a 3-member board, 4-officers and just 3-other unit owners (these 3-other owners have no interest in being board members nor officers--and another of them has defaulted on their mortgage and will be leaving here in March 2012 in foreclosure). Our docs state that the Association unit owners elect the Board, which in turn elect the Officers, therefore we would have a dilemma if the Board was the same as the Officers as they could continually nominate themselves as Officers (remember the 3-other unit owners have no desire in participating as directors or officers). How do small associations deal with a deficit of members to fill all positions?

posted @ Sunday, January 08, 2012 7:10 PM by Grant Johnson

In the past we have always had one vote per unit, now they have changed it to anyone on the deed may vote .This seems unfair as there could be 5 on the deed on a unit and 1 person on another, is this legal.

posted @ Tuesday, January 17, 2012 12:15 PM by lorna

When condo dues are figured by equity percentage. Is it fair for them to add in the calculation water, electric, cable, pool cleaning, garbage. Why would utilities affect the equity and would the mortgage holders have to e told if the by laws were amended to exclude these utilities in the monthly dues figued by square footage but to take these items out and just figure the dues on square footage and if the roof or maintenance of the building requires work then that would be by the square footage. The dues was agreed upon and voted on 15 yrs ago to be equal among all 16 units. Now after 15 yrs they want to revert back to the developers percentages to pay association dues. So my units ha an 11% percentage. So I pay 11% of the cable bill and someone else only pays 4% of the cable bill?? Can this be disputed in court?

posted @ Tuesday, January 24, 2012 7:06 PM by Marie Jantschek

My condo Assoc, has board neetings and Special Assessments without notifiying any unit owners. 
Special Assessments are made by Telephone of each board member. 
We have NO annual meetings. 
the Only meeting we are notified of is Board Election Meetings. 
My Hoa is in South Jersey.

posted @ Wednesday, February 08, 2012 1:42 PM by melissa

I manage a 37 unit condo in NC, The board wants to add an amendment to our by-laws that would clarify what the master insurance policy covers in the event of a total loss. What issues should be considered besides the 2/3 unit owners approval?

posted @ Wednesday, March 21, 2012 4:36 PM by Jan Fisher

"I stopped reading immediately after I read the first paragraph.  
Why would an any Association want to allow "residents" to be a member of the Association and serve on the Board?  
That would allow someone who was simply renting to be on the Board and vote.  
Posted @ Sunday, January 31, 2010 2:31 PM by Joyce Nord " 
Simply beacause Joyce, Some states have this in there laws which I think sucks... 
"Unit owner" means the person owning a unit in fee simple absolute individually or as co-owner in any real estate tenancy relationship recognized under the laws of this state. However, for all purposes, including the exercise of voting rights, provided by lease filed with the presiding officer of the association of unit owners, a lessee of a unit must be considered a unit owner"

posted @ Tuesday, April 17, 2012 3:45 PM by Dan

I own a condo in the Fla Keys it has 50 units I rent my place out My tenent has a dog  
The Borad of Director just made a change to the condominium rules and regulations current tenants can not longer own pets  
Current tenants with pets must remove said pets from the premises within 180 days failure to do a fine may be leviced on the basis of each day of a continuing violation with asingle notice and opportunity for hearing the fine may not execcd 100 per violation , 1000 in the aggregate

posted @ Saturday, June 09, 2012 6:49 PM by Maureen Graney

A renter has completely different interests and priorities than homeowners and it can't make sense to have renter be allowed on the board. They have no long term vested interest in the property.

posted @ Saturday, July 07, 2012 1:34 PM by Condo By Laws

Thank you for going over what really occurs in these types of meetings. I am currently researching everything involving property management. Just moving to Arizona, I feel that it is necessary to better my knowledge on these types of topics. I hope my experiences with arizona property management goes smoothly. Thank you again!

posted @ Tuesday, August 28, 2012 11:04 AM by James Fillion

We have board members (MA) who have not paid the assessment and who are also behind on condo payments and who have no intention of paying. We are looking for a by-law that says all board members must be in fiscal good standing or they can be removed. Thank you

posted @ Saturday, September 01, 2012 8:41 AM by florence pressman

can association take legal action, civil court, based assumed violation> Owner has not had chance to defend before the board. they just went straight to court action.

posted @ Monday, October 22, 2012 3:42 PM by denyse

Our association has just distributed a document to all the units that gives the info on who owns the units and who lives in the units. we have just recieved the minutes from oct 2012 in Dec is there a time limit to recieve these minutes by the time we get them the rules are changed we have no time to dispute them we are in California

posted @ Friday, December 07, 2012 11:30 PM by patricia marsh

As the Secretary of my Homeowner Association in Fort Collins, it’s sometimes a challenge trying to maintain work, family and my HOA duties . However, when I discovered Association Online all of that changed. No need to worry about piles of paperwork, their software is quite easy to use and all our HOA documents are stored and managed online. This allows our Board of Directors to operate in a more effective way. You should check them out atwww.associationonline.com or call (970-226-1324). I highly recommend them for all Homeowner Association needs.

posted @ Wednesday, July 31, 2013 2:01 PM by Joe Delagdo

As the Secretary of my Homeowner Association in Fort Collins, it’s sometimes a challenge trying to maintain work, family and my HOA duties . However, when I discovered Association Online all of that changed. No need to worry about piles of paperwork, their software is quite easy to use and all our HOA documents are stored and managed online. This allows our Board of Directors to operate in a more effective way. You should check them out atwww.associationonline.com or call (970-226-1324). I highly recommend them for all Homeowner Association needs.

posted @ Thursday, August 22, 2013 5:15 PM by Joe Delagdo

Hmm, sounds like it would have been a job for some metal recycling peeps.

posted @ Thursday, August 29, 2013 3:47 PM by Charles Neslon

This looks like a good question for estate sales companies in Las Vegas, NV. I bet they have a wealth of knowledge.

posted @ Monday, October 28, 2013 3:16 PM by Charles Neslon

our building had dryrotted trim last year ..now it has spread to siding quadrupling cost of repairs.I pointed problem out to president last year.now Iam being fiscally f-----d due to association foot dragging .do Ihave any recourse? 

posted @ Tuesday, November 12, 2013 2:38 PM by jeff

This was a really interesting read. I think that I would love to live in a place that had security shutters. That would feel pretty safe.

posted @ Wednesday, January 08, 2014 2:00 PM by Charles Neslon

Your article is very good! Thank you for sharing this information for me. I have already collect it.I will always care about you and will come back to visit it again.

posted @ Wednesday, February 26, 2014 3:22 AM by Is There A Michael Kors Outlet Website

I would have to agree with you Kevin on how important bylaws are for any association. They are what ensures each resident and/or situation is treated fairly. I remember I had a brother who was living at a condo which did not have bylaws and had some trouble with some of the plumbing. It took forever to get things figured out, but he has moved and is at another complex which does have bylaws and loves it. 
George Puzo | http://www.honestplumbing.net/plumbing-services/

posted @ Monday, April 07, 2014 6:27 PM by George Puzo

I live in a condo in Broward county, Lauderhill 
Florida Does the board of directors have to follow  
our bylaws. There is a attorney that is saying they do not have to follow 
I think that is wrong this attorney does not know what he is saying this Bylaw is still is in our bylaws 
The bylaws some do not have to follow them and  
some do?

posted @ Thursday, April 17, 2014 2:49 AM by Miriam Gordon

Most HOA's work hard for their community. There is a lot of background work that is not seen. They are very careful with providing the best insurance possible. 

posted @ Tuesday, May 13, 2014 9:12 PM by Elias Rufus

Can family law be effected by the HOA? I'm wondering if they are contributors to disputes. I would assume they can provide essential information. 

posted @ Thursday, May 15, 2014 10:12 PM by Elias Rufus

Our legal system is very complicated. I like having a professional explain things to me. It makes me feel more on top of things. http://www.KalasnikLawOffice.com

posted @ Friday, May 23, 2014 10:38 PM by Anita Mas

There's a lot of work and planning that goes into the making of these laws. Before you discard them, look again and see if there's a way to let them help you instead of seeing them as obstacles. The way the estates are planned out may seem counter-intuitive, but most of the laws exist because of actual experiences in the bast. 
Jenn | http://www.egfosterlaw.com

posted @ Wednesday, July 09, 2014 10:52 AM by Jennifer Davies

Proof of damage should be gathered. Take pictures of the paneling. Then grab the original item and compare the two. 

posted @ Tuesday, July 15, 2014 2:13 PM by Elias Rufus

Does the condo owner have the right to ask and see any financial or insurance records of the hoa?

posted @ Friday, August 29, 2014 2:26 PM by Richard Nathan

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