Since medical marijuana has become legal, what can we do to prohibit owners from smoking marijuana within their units?
We have a delinquent owner who is trying to buy up more properties in the association instead of paying back the delinquent maintenance fees already owed. Can we stop the owner from purchasing any other units?
We are often asked the question of how to handle a rogue or absentee board member or officer of the association. If relations amongst the board members get to a breaking point, the board may decide it is time to attempt to remove the “problem child.”
Our firm represents the Association as the corporate entity. Our client is the corporation. The elected Board of Directors or Board of Trustees make decisions on behalf of the Association (the corporation) in the form of voting, which directs the manner in which we represent the Association.
We just looked at our Bylaws, and we were supposed to have our Annual Meeting in January. Since we missed it, should we just wait until next year?
Question: Our governing documents require that owners use gas grills, temporary pools, and patio sets in their backyards and that they not use them in their driveways. For years, there has been one owner that continually sets up shop in their driveway at the beginning of each summer, complete with a patio set, a grill and a blow-up pool.
Never on their back patio, because they like to congregate with the other neighbors! Not only is it unsightly for them to have an outdoor kitchen in the middle of their driveway, but it also violates the rules.
Last year, we started fining them for each week that the grill and patio set were out in violation of the documents. Not a lot, but $25 per week. It still didn’t deter them, and they now have a balance on their account. We have pictures to document each week it was out.
As the Board, were we within our rights to fine them? Can we increase the fines?
Question: More often, owners in our Association are being told by financial planners or their attorneys to “walk away” from their properties because they owe more on the mortgage than the property is worth. Does this mean that they have to continue to pay maintenance fees if their house is foreclosed upon after they walk away?
Because most association unit owners usually pay on time, generally, association accountings are not highly scrutinized on a day-to-day basis. However, when disputes regarding payment arise with an owner, or an account becomes so far behind that litigation is necessary, it becomes increasingly important that unit owner ledgers are without flaws.
Attorneys for debtors are quick to point out any errors in accounting, as this will demonstrate how unreliable the accounting is in its totality. Moreover, errors in accounting or misapplication of payments will often cause a magistrate or judge to become critical of record keeping and the trustworthiness of the Association and its representatives in general.
As some of you are aware, House Bill 390 became effective on September 28, 2016. Many of the changes will be beneficial to community associations by providing potential expedited processes in several aspects of a foreclosure action.
Until a few years ago, the answer to this question was generally no. While the Association could generally prevent smoking in the indoor common elements, the Association was generally powerless to attempt to prohibit smoking in outdoor common elements or within the units.