Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there …
HOA Can Penalize Speeding
Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? (T.H., via e-mail)
A: In general, yes. Most governing documents grant the board of directors …
Using Proxies at Membership Meetings
Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail).
A: A proxy is a document that allows an owner to designate another person to attend a meeting …
Tenants Can Claim Support Animal Rights
Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can …
Association Attorney Doesn’t Represent Owners
Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail)
A: Generally speaking, no.
While a unit owner may rightfully feel that he …
Noisy Air Conditioner Generates Complaints
Q: Two owners in my condominium building had their air conditioner units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? …
Rezoning Process Explained
Q: The developer of an adjacent property is attempting to rezone it. We are already facing problems due to the growth in our area. Does the local government have a legal or moral obligation to protect us? (R.Z., via e-mail) …
Restaurant Minimums Not Unusual
Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? …
Relatives Can Serve on Board Together
Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level …
Tree Root Damage, Who is Responsible?
Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
A:Probably you.
There are two theories which have been …