Category: Q&A

Q&A
2017 November Q&A: Changing the Bylaws

Q. I own a co-op apartment in Fort Lauderdale. The bylaws of the association state that 80 percent of the members of the association have to agree in any changes or alteration of the bylaws. At a special meeting to amend the bylaws, only …

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Q&A
2017 November Q&A: Serving on Two Boards

Q. Is it illegal for members on the HOA board to also hold a position on the board of directors of the property management company that the HOA hires and oversees?                               —Conflict of Interest? A. “While the sit…

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Q&A
2017 October Q&A: Owners' Lack of Interest in Serving on a Board

Q. I live in a 96-unit condominium building and have served on the board of our association for 16 years. There are nine of us on the board, seven of whom (including myself) are at the age where we'd like some of the younger owners to con…

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Q&A
2017 October Q&A: Renting Out a Condo

Q. Can an association change an owner's right to rent out his condo?                       —Curious Board Member A. “The general answer is yes, the association can change an owner’s right to rent out his or her condominium,” says…

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Q&A
2017 September Q&A: Where Are Our Rights?

Q. What do you do when the president of the board, property manager, and super are all from the same family? I tried waking up our shareholders with memos and flyers about the conflict of interest to no avail. Our beautiful Garden of Eden…

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Q&A
2017 September Q&A: Is HOA Responsible for Removing Tree Roots?

Q. We own a townhouse style condo (one unit on each side, no unit above or below ours ). We have a wooden deck in the back our unit. Deck maintenance (i.e., painting, wood repair) is our responsibility. However there is a big tree 15 feet…

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Q&A
2017 September Q&A: Where Do We Go When Management Commits Fraud?

Q. Who can we contact to file a complaint, other than the Department of Business and Professional Regulation (DBRP), against the management company for knowingly submitting forged proxies at our annual meeting? We are a POA.  We already f…

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Q&A
2017 September Q&A: Renting Out a Condo

Q. Can an association change the owner’s right to rent out his condo?                                   —Just Wondering   A. “The general answer is yes, the association can change an owner’s right to rent out his or her condominium,” …

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Q&A
2017 September Q&A: Stock Certificates and Co-ops

Q. I purchased a unit in a cooperative building in 2014. The board of directors claimed they no longer used stock certificates, even though our stockholders’ agreement calls for a simultaneous transfer of the certificate and the lease ass…

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Q&A
2016 December Q&A: Voting by Proxy

Q. At a regular monthly meeting of a seven-member HOA board, where four members present constitute a quorum, can one of the absent members give her proxy to one of the four attending members to vote on specific issues on the board’s agend…

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