Category: Q&A

Q&A
2017 February Q&A: Honor, Duty to Community

Q. It is common knowledge that board members have a fiduciary duty to the association, and can be held liable for failing to perform their duties as required by statute. But, do the board of managers or board of directors have any fiducia…

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Q&A
2017 February Q&A: Dilemma Over Inheriting a Relative’s Estate

Q. “I inherited a condo – my father in died September 2016. I have been paying the mortgage and assessment fees since his death. I can no longer continue to pay for the condo. I talked to the president of the association and stated to her…

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Q&A
2017 January Q&A: Is an HOA Accountable for Wheelchair Access?

Q. “I am a resident who is wheelchair-bound, living in a condo building built before 1991. I had a temporary plywood ramp made specifically for access to enter and exit the common entrance. The HOA has since informed me the ramp is unacce…

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Q&A
2017 January Q&A: Who’s Watching the Cameras?

Q. “In my condo building, we recently installed more than 60 security cameras. Needless to say, I'm not a security expert but it seems like only a handful are recording at any one time. The camera outside the front of the building facing …

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Q&A
2016 December Q&A: Getting an Owner to Maintain Proper Upkeep of His Unit

Q. Can a member of the association sue his board of directors if the board does not force a landlord to keep up the maintenance of his units?                                  —Irritated in Itasca A“The short answer to this question is ‘…

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Q&A
2016 December Q&A: Owners’ Reluctance to Serve on the 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 some owners younger than we are should be thi…

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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 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 agenda?   …

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Q&A
2016 November Q&A: What Are My Rights in Leasing My Unit?

Q. Can a condominium association change the unit owner’s right to lease his or her unit?                           —Last but Not Leased A. “A unit owner enjoys an inherent right to lease his or her unit—subject to recorded covenants t…

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Q&A
2016 November Q&A: Smoking Neighbor

Q. I am a condo unit owner with 54 units in our building. My unit is on the 2nd floor facing south. My neighbor’s 2nd floor unit faces west. We are cornered from each other. She is a smoker and sits on her balcony quite often. I enjoy hav…

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Q&A
2016 October Q&A: Is an HOA Accountable for Wheelchair Access?

Q. I am a resident who is wheelchair-bound at a condo building built before 1991. I had a temporary plywood ramp made specifically for access to enter and exit the common entrance. The HOA has since informed me the ramp is unacceptable du…

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