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By Joseph Adams
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Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now.
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By Joseph Adams
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Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
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By Joseph Adams
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Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail)
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By Joseph Adams
Posted on 
Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail)
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By Joseph Adams
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Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail)
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By Joseph Adams
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Q: Can any board member place items on the meeting agenda? (C.B., via e-mail)
A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. The bylaws I draft for clients typically allow a …
By Joseph Adams
Posted on 
Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a social page open to members of the community, which has become predominantly a method for …
By Joseph Adams
Posted on 
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By Joseph Adams
Posted on 
Q: A member of our homeowners’ association board shared a few e-mails that were sent between board members. In these e-mails, the board members discussed association business, individual homeowners, and how they planned to handle certain decisions. Are these e-mails considered public information? What is the best way for homeowners to obtain these e-mails? …
By Joseph Adams
Posted on 
Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? (M.U., …
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