[profdan_h]

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Hi Galiana,

I’m assuming you currently have a declaration for your condo association encompassing all 88 units and 14 buildings. If you do, you need to dissolve that HOA and form a new one for each building. That way, you can have separate rules and a separate management company for each building.

Hope this helps.

[profdan_h]

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Insurance companies are likely saying no because it increases your HOA’s risk and, therefore, the insurance company’s risk. Best to look for a vendor that does not ask the HOA to indemnify them.

Hope this helps.

[profdan_h]

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Hi,

Generally, no. The OTARD Rule prohibits HOAs from banning satellite dishes, though it does allow HOAs to impose restrictions with regard to the placement of the dish, among other things. However, the OTARD rule does not allow HOAs to enforce restrictions that impede the installation, maintenance, or use of satellite dishes.

Hope this helps.

[profdan_h]

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Hi RobHaas,

Does your HOA have a reserve fund set up? The reserve fund could cover some or all of the cost of repairing the septic system. Your HOA board generally doesn’t need a vote to levy special assessments unless your state laws/governing documents require it or it goes beyond a specific amount or percentage as dictated by your CC&Rs.

Restarting an HOA that has gone mismanaged or inactive for years can be difficult. I would advise you to establish an HOA board first so that things can start getting back on track. Homeowners should be notified that the HOA is restarting back up and that they should be prepared to pay dues again. It’s important to review your governing documents to know what you can and can’t do moving forward, including things like maintenance, special assessments, etc.

Hope this helps.

[profdan_h]

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Hi RobM7299,

If the harassment escalates or if there are any threats involved, I would suggest referring the issue to local law enforcement. Beyond that, it may be best for the individual members and homeowners affected to file restraining orders against the former board member.

Hope this helps.

[profdan_h]

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Hi louisjco,

I’m not very familiar with Maryland laws, but it usually comes down to the HOA’s governing documents. If your governing documents give the HOA the power to do that, then it is permissible. As for whether or not the unit owners should have a vote (and what percentage is needed to pass), that also comes down to the documents.

Hope this helps.

[profdan_h]

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Hi,

If the homeowner is preparing to take legal action, the HOA should be prepared. The board should contact the association’s attorney and inform them about the situation. The attorney should be able to help the HOA get everything ready should the case escalate.

Hope this helps.

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Hi wgustafson,

It varies from one management company to another. You might benefit from hiring a lawyer to interpret the management contract and determine what the exact responsibilities of the company are. Moving forward, if you renew the contract or hire another company, it is good to clarify this portion of the contract.

Although some people use homeowner insurance to describe condo insurance as well, they are not the same.

Hope this helps.

[profdan_h]

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Hi thriller68,

I would ask the HOA to get an inspection done by a professional to confirm their assumption that it is a foundation issue and not a stucco issue. That way, the HOA can substantiate their claim and maybe even discover from the professional they hire that it is, in fact, a problem with the exterior stucco. From there, if the exterior stucco is the HOA’s responsibility, then the HOA should fix the problem. If the water damage is severe and you cannot wait any longer, you can hire a company to fix it and then have the HOA reimburse you for the expense later on.

Hope this helps.

[profdan_h]

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Hi RussRio,

For most homeowners associations, board members are required to discuss association matters like this at a properly noticed board meeting. That means you need to send out a notice of the board meeting to all residents along with the agenda for the meeting. Then, at the meeting, you can discuss and vote on the items on the agenda. You will, of course, need to establish a quorum at the meeting.

Board meetings usually take place in person (that was the norm prior to COVID). But, depending on state laws and your bylaws, you may be able to hold board meetings electronically. But, again, these meetings require notice and homeowners must be free to attend them.

As for the roof project itself, your HOA should have a separate reserve account set up for this kind of thing. If you don’t have one, you might need to increase assessments this year or levy a special assessment.

Hope this helps and good luck.

[profdan_h]

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Hi Jim,

You are correct. If the method for amending your CC&Rs was not followed, then the amendments are likely null and void. Does your developer still hold authority over the development and the HOA? I believe you mentioned that the HOA was already turned over to the residents.

[profdan_h]

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Hi Angelo,

Currently, Arizona does not require homeowners associations to maintain a reserve fund. However, it is a good idea to do so anyway. Your HOA’s reserves are there to fund any major repairs and replacements in the future. For instance, if you have playground equipment that’s reaching the end of its useful life, your association will be able to pull from the reserves to replace that equipment. This helps maintain the overall character and appeal of your community.

I don’t really see a downside to funding reserves. Perhaps the only superficial downside I can predict others bringing up is that it might affect your assessments. Contributing to the reserve fund means raising assessments a little, and I can see how some homeowners might react to that.

Hope this helps.

[profdan_h]

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Hi hoa_newbie,

It depends on where you live. Some states have allowed virtual meetings to continue, which means boards can conduct business via Zoom and other such platforms. One example is North Carolina. Of course, there are some rules and requirements you must follow. It’s best to check your state laws on this to avoid liability.

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Hi maxcme,

Compensation through not having to pay their HOA dues can be a big conflict of interest. Your president and treasurer might not take votes on dues increases and special assessments seriously because these don’t affect them anyway.

It’s a good idea to check your governing documents to see if your association permits this type of setup. If they don’t allow it, talk to your board about changing their ways. Otherwise, they might be breaching their fiduciary duty. You might also want to talk to your HOA manager or HOA attorney (if you have them).

[profdan_h]

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Hi crmdog12,

Since you’re already in litigation, you will need to back up all of your claims with evidence. Any supporting documents will help substantiate your claim. Find a lawyer who has experience dealing with HOA violations. They usually already know what to do. Best of luck to you!

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