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 …
Es la temporada de las reuniones anuales y las elecciones. ¿Está usted seguro que sabe cómo conducir la elección de directores? PRIMERA PARTE.
Primero, tenga en mente que una elección no es necesaria al no ser que haya dos o más candidatos elegibles para una vacante en la junta. Además, una elección general debe llevarse a cabo a la misma vez, y en …
50/50 Games Not Permitted
Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are …
Can a Recalled Director Run Again?
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for …
Only Directors Can Vote
Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail)
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“Condo Boards Can’t Turn Down Applicants Just Because They Don’t Like Them,” Miami Herald
“If I like you, you’re in.” Those words were uttered by the board president of the first condominium unit I bought right out of law school. At the time, I wasn’t going to quibble about whether or not this screening …
Services Not Required for ‘55 and Over’ Communities
Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have …
Notice of Board Meetings Must Be Properly Posted
Q: I purchased my condominium unit last year. Am I entitled to have a copy of the agenda for regular board meetings prior to the actual meeting or at least be provided a copy upon attendance at meeting? (H.B., …
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