HOA and COA

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Q: What HOA board member casts the deciding vote in the event of a tie?

“If an individual serving on a five-member California HOA board must recuse himself from voting on a review of a proposed physical change to the separate interest of said board member, who would cast the deciding vote in the event of a tie?”  – Paul from Rancho Mirage, CA The…






Q: Can HOAs fire a contractor under contract?

“We have a lawn maintenance and snow removal contract signed by a previous board for five years. There is no performance clause and no escape clause. The performance has really gotten bad. Several meetings with the contractor has ended in failure as his answer is, ‘I have a contract. Live…






Q: Can HOA dues be raised by the association manager without board approval?

“Our association management firm raised our HOA dues without the approval of the board. The annual financials were also not reviewed and/or approved by the board. The dues have since been rescinded because of my complaints to the HOA president. Also, the HOA president is approving invoices for services rendered…






Q: Can a management company change rules without homeowner approval?

Q: Can a management company change rules without homeowner approval?

Can the management company make major changes to the rules and regulations without the approval of the homeowners? – Chicago, Illinois That depends what you mean by “homeowners.” If you mean can they make major changes to rules and regulations without the approval of the homeowners as a whole –…

Q: Is property management influence of an HOA board election a criminal act?

Can property management companies send condo owners false information in an effort to influence elections for board of directors? Secondly, is this not a conflict of interest on the part of a property management company? There are two levels to think about here: The first is whether the management company…






Q: How can I solve a conflict of interest on an HOA board?

Q: How can I solve a conflict of interest on an HOA board?

Can a condo board president work as an “independent contractor” and receive 1099 income from the condo’s property management company or is this a conflict of interest? Good question. It sounds like a lawsuit waiting to happen. Seriously bad news. Here’s why: Condominium and HOA boards are held to a…






Q: Can the HOA’s management company disclose complaints?

Q: Can the HOA’s management company disclose complaints?

Legally does the HOA’s property management company have to disclose to me who filed a complaint against me? – Miami, Florida There are two possible scenarios here: Either the management company knows who the complainer is and they are not telling you, or the HOA or property manager itself is passing…






Q: What makes up a legal HOA meeting?

Q: What makes up a legal HOA meeting?

If an annual HOA meeting is not posted for ten days, and none of the applicants for board positions are distributed with proxies to the owners, so 7 people and the 5 board members arrive and vote themselves in, is this a legal meeting? – Portland, Oregon Great question, and thanks…






Q: Do I need insurance if I’m on an HOA board?

Q: Do I need insurance if I’m on an HOA board?

Members of condominium association and homeowners association boards make tough decisions all the time – decisions that can have a tremendous effect on others around them. As a result, board members are often sued, both along with the association itself and separately, as a result of actions they take and…






Q: Can HOAs ban Marijuana?

Q: Can HOAs ban Marijuana?

What’s The Deal, Maaaaaaaan? The federal law hasn’t changed, and it’s very clear: Marijuana is still listed as a Schedule I controlled substance under federal law.  But state laws are starting to shift. Colorado and Washington have already legalized the recreational use of marijuana, subject to certain restrictions. Want to…






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