Data Breach Prevention
Data leaks and hacks are happening every day. From a small business to a Fortune 500 company, chances are your private information was subject to a leak or a hack and you might not even know it.
Moreover. …
Management Companies and CAM Licenses
Many associations do not just hire a manager. They hire an entire management company. The question I get asked at times is whether a management company has to be licensed. The short answer is yes. Their licensure is addressed by …
Is a Voting Certificate Required If a Unit Is Owned by an LLC?
Many governing documents include a provision requiring a voting certificate if a unit or parcel is owned by more than one person, a corporation, or another entity. In some cases, there is an exception for spouses, and other times, a …
Election Process – Part 1 of 2
With many condominium associations in the midst of election season, many questions arise regarding the election process. For the most part the process varies greatly between condominiums and homeowners associations.
Condominium elections that fail to follow the procedures …
Can a Delinquent Owner Run for the Board?
Community Association election season is still going strong. One often asked question during this time is whether an unpaid fine makes an owner ineligible for the board. Simply put, an owner is not eligible to run for the board if …
Who Are the Candidates?
I have been present at elections where the members have no idea “who” is running for the board. In the condominium setting the members have the benefit of knowing in advance the names of all candidates. That does not mean …
Restricting Holiday Decorations in the HOA Setting
The holidays just ended but it seems the question of holiday decorations lives on. Every year, holiday decorations seem to appear earlier and get more extravagant, and not just in the retail setting. While studies are showing that people who …
Why Should Your Community Consider Trademarking Its Name and Logo?
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners.
I live in a country club community that has …
Are Signed Condominium Election Ballots Valid?
For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case …
Say What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor.
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The Use of a Power of Attorney Document at Association Meetings and Elections
A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to …
Dos and Don’ts for HOA Board Members When It Comes to E-Discovery
You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you …