So, this won’t be like my usual posts where I share a recent case or discuss a section of the Condominium Act, 1998. Today I’m going on a rant about the relationships between owners, directors, and managers. Read more……….
Your Board’s Presence Is Present Enough: Don’t forget to say “Thank you” this holiday season
We’ve all received the party invitation with a note letting us know that gifts are not requested–Your presence is present enough. Some of us take the cue, while others go above and beyond and bring a gift despite the note. I like to think that association board members, through their election or appointment to their […]
The Board and Homeowner Struggle
One of the most often asked questions we hear from disgruntled homeowners is “who gave the board the right to tell me how to live my life?” This is a question we hear almost every day, and it is one you’ll oft hear repeated in the media and at homeowners associations all over the United […]
Homeowner Legal Options Against HOA Abuse of Power
Homeowner Associations (“HOAs”) are intended to operate in the community’s best interest, making the community a more pleasant place to live while also maintaining property values. Unfortunately, HOAs sometimes become a source of disputes and disagreement that hinder rather than help to achieve these community goals. Disagreements are common between homeowners and HOAs regarding community […]
Board/Owner Do’s & Don’ts: What Makes a Board Successful
It only takes a few minutes of Googling to uncover the traits that make a successful person or business owner. For example, Entrepreneur magazine’s Steven Key wrote the article, “5 Qualities of Successful Persons,” which included such traits as open-mindedness, unwavering passion, and a forward-looking approach. Read more…….
You vs. the HOA
Typical HOA disputes in the State of Florida fall into two categories: 1) Unpaid assessments, often with a lien and/or foreclosure by the HOA 2) Covenant violation disputes, with or without fines, which can be a lien and/or foreclosure ***** Yes, the HOA can take your home for covenant violations if the unpaid fines exceed […]
Dealing with Unruly Homeowners at Board Meetings
What a touchy topic!! I have been on both sides of this issue — as the homeowner and as the attorney representing the association. Maybe I have too much leftover pixie dust, but I believe these situations can be resolved amicably. Read More……
Because the Board Says So
Generally, thanks to what’s known as the business judgment rule, boards have broad latitude in making, amending and rescinding house rules — the good, the bad and the decidedly wiggy. If board members think a situation needs to be addressed, they can address away without input from residents. Read More……
The Privilege of Being a Board Member
Members of community associations and, in particular, the boards of directors, are being asked to make tough decisions regarding the use of community funds. Acting in the best interests of the association, many boards seek legal and other professional advice with regard to their duties to maintain and repair when funds are scarce. Read More……PDF
Limits of Board Power: Use vs. Abuse – and How to Tell the Difference
Everybody sometimes disagrees with the decisions of their co-op, condo or homeowners association board. Maybe the choice to rearrange the garbage receptacles out front seems ridiculous, or the ongoing clattering of machinery on the roof is driving the top-floor residents nuts—but the board seems determined to let it fix itself. These are the kinds of […]