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Category – Q&A (Question and Answer)
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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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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Q: The board of directors for my condominium association recently approved allowing an owner to remove the wall separating two adjacent units and to reconfigure the two units into one. Doesn’t this change the number of units in the condominium, thus, affecting everyone’s rights including what percentage of assessments we pay? (G.F., via e-mail) …
Q: My entire condominium board met in a closed session to conduct an annual review for the employees? I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T. …
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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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 …
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 …
Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of …
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 …
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? …
Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to …
