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stephen polinsky

Recent Posts

Florida Condo Association Board removes notice of assembly postings

Posted by stephen polinsky on Thu, Feb 5, 2015 @ 08:00 AM

I had organized a condo owner workshop last year in my Florida Condo Association in order to talk about improvements everyone would like to see within our community.  This was a very successful effort, as quite a lot got done after the suggestions were submitted to the Board of Directors.

I had attempted the same effort this year, posting notices on our three Condo Association bulletin boards.  However, the Board of Directors removed them, stating that they were not ‘social events’ and therefore could not be posted in such locations.

Does the Board have the right to stop condo owners from the right to assembly?  Do they have the right to stop us from posting a notice of assembly?

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Tags: Florida, Condo Association Management, Board of Directors, Condo Association & HOA Meetings, CCR, Bylaws & Rules, Disabilities & Owner Rights

Florida Board seeks purchase of condo unit to expand common property

Posted by stephen polinsky on Wed, Feb 4, 2015 @ 08:00 AM

Our Florida Condo Association would like to expand our common property.  A condo unit as been put up for sale next to the clubhouse, and is perfect for additional storage and an office for the Board.

Can the Board of Directors make this decision to purchase, or must this come before all condo unit owners at the Annual Meeting?

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Tags: Florida, Property, Condo Association Management, Board of Directors, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Common Area Issues

Condo Association Board considers renting common property to public

Posted by stephen polinsky on Tue, Feb 3, 2015 @ 08:00 AM

I live in a lakefront Wisconsin Condo Association.  Our Board wants to raise money by charging non-members for access to the beach.  I am opposed to this plan, but have been told that the Board has power over decisions regarding common element property.

Our Bylaws say they have the power to maintain, repair, replace, and operate the common elements.  Does this mean they have the power rent them out to the public for a fee?

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Tags: Board of Directors, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Common Area Issues, Wisconsin

Virginia condo owner curious about Condo Association rental laws

Posted by stephen polinsky on Mon, Feb 2, 2015 @ 08:00 AM

I live in a Virginia Condo Association, and have a question regarding rental properties.

Is there a standard or recommendation for a ‘healthy’ percentage of rental units for Condo Associations?  Is it legal to pass an amendment to the Bylaws that would cap the number of rental units allowed for a particular Condo Association if there was no cap in the original Bylaws?

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Tags: Condo & HOA Law, CCR, Bylaws & Rules, Landlord & Tenant Issues

Maryland property management company withholding records

Posted by stephen polinsky on Sun, Feb 1, 2015 @ 08:00 AM

I have a question regarding Maryland Condo Association law.

If a property management company is terminated by a Condo Association and has yet to be paid in full, can they withhold books and records from the Association until paid?

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Tags: Property Management, Condo Association Management, CCR, Bylaws & Rules, Disabilities & Owner Rights, Maryland

New Jersey property manager opens condo owner's locked mailbox

Posted by stephen polinsky on Sat, Jan 31, 2015 @ 08:00 AM

I live in a New Jersey Condo Association, and have a question regarding privacy.

I had sent a letter via certified mail to our property manager, but she never picked it up so I place another letter in the Condo Association mailbox.  To my surprise, I found the unopened letter in my locked mailbox.

Does the property manager in a Condo Association have the right to open a locked mailbox?  

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Tags: Property Management, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, New Jersey

Should HOA budgets require approval from all condo owners?

Posted by stephen polinsky on Fri, Jan 30, 2015 @ 08:00 AM

I live in a Michigan Condo Association.  Is the Board of Directors obligated to present an annual budget to the HOA members at the annual meeting, and does it have to be approved by the members?

I can’t ever recall one being presented to us, and our Bylaws are extremely vague on this matter.  The response from our President has always been that the day-to-day decisions for HOA operations are up the Board.

Thanks ahead of time for your help!

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Tags: Budgets & Finance, Board of Directors, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Michigan

Husband and wife hold majority vote in Minnesota Condo Association

Posted by stephen polinsky on Thu, Jan 29, 2015 @ 08:00 AM

I own a condo unit in a new Minnesota Condo Association.

One of the Condo Association members owns four condo units, and his wife owns another two condo units.  Together, this gives them the majority vote in all meetings.

Is this legal?

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Tags: Condo Association Management, Condo Association & HOA Meetings, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Minnesota

Condo owner questions Board requirement on property insurance

Posted by stephen polinsky on Wed, Jan 28, 2015 @ 08:00 AM

I am a member of a North Carolina Condo Association.  Can the Condo Association require that a condo unit owner put the name of the Association on personal property insurance (as with a mortgage company)?

This is not in the Declarations or Bylaws, and our Board of Directors has a tendency to make up rules as they see fit, without taking a vote from the condo owners.  We provide to them a copy of our insurance policy, but they do not have a right to that money anyway.

If I am responsible for damage, then my insurance will cover it.  I don’t feel the Condo Association has any right to the money in the same way a mortgage company would.  Am I wrong?

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Tags: Board of Directors, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Condo Association Insurance, North Carolina

Washington Condo Association requiring improvement without assessment

Posted by stephen polinsky on Tue, Jan 27, 2015 @ 08:00 AM

I am a member of a Washington Condo Association.  Our Board of Directors is requiring all units to install new heating units without an assessment, which is very expensive.

The Board is also saying that, if the deposit is not paid to the service company performing the work, they will include the assessment in our dues.

Can they require us to change our heaters without an assessment, and assess our unit if we don’t pay?

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Tags: Condo & HOA Assessments, Property Damage & Repairs, Board of Directors, Condo & HOA Law, CCR, Bylaws & Rules, Disabilities & Owner Rights, Fees, Foreclosures, Delinquencies & Collections, Washington



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