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• Our association incurred an extensive property loss. We hired a public adjustor at 10%. While we had no short fall in regard to the insurance settlement, we created a special assessment to pay for the 10%. Unfortunately it appears we incurred additional cost, when with out the adjustor we most likely would have incurred a greater cost. How can we communicate this complicated issue to residents?
• Anything outside units (townhouses) is considered common ground and is the responsibility of the HOA. However we have learned pipes running underground direct from units to the street hook up are the responsibility of the homeowner. But in some instances those pipes previously connect to multiple units. How do we access responsibility?
• Is there a limit how much we can charge to pull, provide and copy requested paperwork? Can we make a profit?
• Are we required to have a ADR committee?
• We would like to establish a rule where dogs may only be allowed to defecate in a certain area, however the closest area is 1-1/2 blocks away. Some residents consider the distance a hardship. How do consider the wishes of the residents who want “defecate” free areas to the needs of our residents with service dogs?
• The community faces receivership due to litigation in which the Boards of Managers sued the Board of Directors for failure to perform their fiduciary responsibility. If the judge appoints a receiver what exactly does it mean in terms of cost, etc?
• How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members?
• Can reserve funds be used to pay for the insurance deductible and any repairs that are not covered by an insurance claim for damage to common elements following a wind/hail storm?
• Some residents have exclusive use of LCE sheds that are in our CCRs as appurtants to their units. None of them have been used by these residents in years. The board has been using them for storage. We have a waiver clause. Might we have to give them back?
• Some communicated we may no longer institute an adult only swim because it discriminates by age. Is that true?
• Can we order our residents to evacuate our association in cases of things like hurricanes? Does a state emergency order play a role? If the state orders a mandatory evacuation can we fine residents who remain?
• We have a pond that is expensive to maintain and unused. A neighboring property would like the pond. May we deed common property to another property with out residents approval. We want to take advantage of this situation quickly.
• One resident constantly complains about another resident who is in violation of a HOA rule. As a board we are aware of the violation but allow the situation because of the personal situation involved. We have communicated to the complaining resident we do not wish to discuss why we allow this violation. Do we have to provide an answer?
• It is possible our board may be sued personally by a resident. It is also possible the board failed to act on it’s fiduciary duty. If the insurance company fails to honor the D&O may the board utilize association funds to defend the board members personally?
• We’re not prepared for our annual meeting which is in August. We’d like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one?
• We can not agree if we should place warning signs and a life-ring at our retention ponds. Some say once you address a possible safety issue it only sets you up for a lawsuit by someone claiming you did not do enough. You’re better off leaving it alone. Which is it?
• We want to clean up the property next door to our association. The association does not own the property. It’s less money to just have it cleaned up compared to getting the current owner to clean it up. We would have permission from the owner. As a board can we approve or do we need to advise all the owners for their input?
• We had a severe rain storm. Two residents had 7′ of water in their basement. Who would be responsible for the storm drain retention pond fix the city or our Association?
• We were given permission to a owner’s unit checking for a leak problem we had. When we were in there maintenance noticed they had three cats instead of the two allowed. Several of the board members want to send the owner a notice to get rid of one of the cats. Can we do that since we were only in there for something else?
• A resident is claiming the association does not own the air space above our association. He claims as along as the drone does not take off from common property we have no authority over its use. Therefore he can fly the drone from within his unit’s backyard, but not have it take off or land there. These drones are annoying, can we stop him?
• The board is considering creating a “caring committee” who would consists of volunteers willing to drive a resident to the doctor or grocery store, dog sitting, etc. Is there any liabilities for the association?
• As president I recently made an exception and I am allowing a resident to utilize our clubhouse for a fundraising event in regard to an ill family member. The family needed a quick answer so there was not time for a board meeting. Another board member commented since I did not get board approval if there is a liability issue I would not be covered by our insurance and neither would the association. Have I done something wrong and if so, short of canceling their fundraiser what can I do to make this right?
• We’re an association of detached townhomes. We (the Board) wants to pass that, to become and remain a Board Member, a homeowner can not be delinquent on their association dues 2 or more times within 12 consecutive months. Some our board believes this would be illegal. If correct, is it something we could put forth to all our homeowners to vote on?
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  I have heard of “breach of quiet enjoyment” as applying to landlord-tenant issues. Does this apply to community associations as well, and can our association be held liable for “breach of quiet enjoyment” which is being caused by a neighboring business, such as a loud outdoor bar next to a condominium?
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  Please help me interpret this: Subject to any limitations imposed by law, by these amended Articles of Incorporation or by the Declaration, the board of director is hereby authorized to exercise, all the power of the Corp w/o prior authorization or subsequent approval of the members of Corp.
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  I am on the board of a building. The sponsor, also the manager, receives SCRIE refunds for the apt’s he owns. He keeps them (90K) in our reserve account and says it is to “pump up” our reserves, and is a no interest loan. What should the board do?
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  Is there a limit on how much an association may charge per page for copies?
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  When an HOA meeting has been called to vote on amending something in our CC&Rs, or when this vote is part of an annual meeting, and the required percentage of homeowners needed to make a change is not obtained, can votes be acquired after the meeting ( in some cases days, weeks or months after that particular meeting) and be added to what was taken at the meeting and counted towards the total vote? Or are the votes taken at the actual meeting all that can be counted?
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  A resident contacted us about what they feel is association ceiling work that should have required approval of the fire department. What is our liabilities by responding or not?
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  I have been president for about five years. The bylaws call for an election every three years but no one has ever been interested so it’s just me keeping things moving along. Can I get in trouble?
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  I am a shareholder in a cooperative and a self-employed sole owner corporation (S-Corp). The coop board has refused maintenance payments from my corp. on the grounds that the corporation would incur ownership. True? There is no bylaw about it.
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  Can we allow a renter to serve on the board?
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  Is the management company required to keep separate bank accounts for Reserve Funds vs Working Funds?
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  If one is in compliance with the HOA’s By-Laws when adding a structure to one’s property, but the Board cannot substantiate their reasons for denying one’s structure with the said By-Laws or any official HOA document, what options are there? If the HOA By-Laws don’t define what a “structure” is and there are 20+ structures in the community (pool houses), can a resident be denied a “shed”?
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  I’m interested in learning about restrictions and limitations governing HOA late fees. Is there is a penalty “limit” that an HOA can impose for late assessment payment?
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  What if the HOA does not do any audits of the accounting records? How can a member request this action be done by an outside 3rd party, without paying out of pocket to do so?
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  If a HOA has only 8% of the community show for a meeting and a committee is formed with no other names solicited or allowed to be part of said committee, is this considered false representation by the Board not to allow any other members on the committee?
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  I own 2 units in a building that is 15 units. Prior to purchasing my unit, I was on the board and I had 1 vote. Now that I own 2 units and I am on the board, can I have 2 votes? (assuming it is not restricted by the bylaws).
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  If a HOA board conducts a meeting and there are no minutes published and/or agenda for a required second meeting, is anything voted on at the second meeting considered null and void because proper meeting protocol was not followed? Should a HOA provide any community minutes to a member freely upon request?
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  Can a condo association use capital assessment monies allocated specifically for facade repairs to pay for other things?
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  Does condo law require condo reserve funds to be deposited only in FDIC-Insured institutions, or may NCUA-insured institutions (credit unions) be used?
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  Does the executive board of a condo association have authority to select a property management firm without a owners vote?
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  The owner of a unit in our association has been breaking rules left and right, but he has also been in bankruptcy proceeding for 3 years now. Can the association still apply violation fines to the unit?
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  Does a member of the executive board have the right to show contracts to only certain homeowners without the executive board’s permission?
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  How does a resident give notice to fellow residents that they are trespassing on private property? The HOA in this case prohibits trespassing signage.
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  Does the unit owner own the dryer vent or does the association or does the association and owner split the ownership?
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  Can the members of the HOA be given a list of the Board of Directors? What information should the list contain?
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  A resident is claiming their insurance company will not add our association as an additional insured party on their homeowners policy. How does this effect our requirement of owners to do so?