Q & A

Determining Liability to Handicapped Member under Fair Housing Law

May 8, 2017    

Q: I manage a condominium building that was previously owned before the current association took it over. A handicapped unit owner claims that some elements of the building—namely, some doors—are difficult, but not impossible, for...

Shielding Board Members from Individual Liability

February 10, 2017    

Q: A weather disaster has severely damaged many of the homes in the planned community I manage. The local government is determining whether the community should be demolished. Several board members want to do this, but homeowners are...

Using Management Staff to Uncover Drug Operations

January 17, 2017    

Q: One of my management staff members suspects that a homeowner in our planned community is manufacturing illegal drugs. I’m concerned about the implications of illegal drugs of any kind in our community, and that the association could...

Ridding Community of Graffiti

December 7, 2016    

Q: Unfortunately, since the presidential election, there have been several incidences of graffiti in our community, referring to some of the politically charged campaign messages. We’ve never had a problem with any kind of vandalism in...

Collecting Rent from Delinquent Members' Tenants

November 14, 2016    

Q Some of the economically distressed members in the community I manage have decided to lease their homes to tenants to help cover their expenses. At the same time, the landlord-members seem to have made paying assessments a low priority and...

Banning Outspoken Board Member from Executive Sessions

October 27, 2016    

Q: The president of the board of directors for the association I manage complained that the board was threatening to exclude her from sessions because she had talked about confidential information to nonboard members and had stated that she...

Determining Whether Condo Resident Is Protected by Debt Collection Law

October 7, 2016    

Q: A resident in one of the units in the condominium building I manage denies that she caused damage to the hallway outside of her unit. A family member of the resident is the actual owner of the unit, but she has been permitted by the...

Determining Proper Party to Be Liable for Common Area Accident

August 15, 2016    

Q: An elevator repair person injured himself while working on one of the elevators in the common area of the condo building I manage. He’s threatening to sue our board of managers, as well as the company that previously owned the...

Is Required Use of Less Convenient, but Accessible Elevator Discriminatory?

May 10, 2016    

Q: A unit owner at the condominium building I manage hasn’t paid assessments in several months. Under our governing documents, the association may revoke her right to use amenities like the pool, sports courts, and common areas. The...

Ambivalence Toward Smoking Going Up in Flames

March 10, 2016    

Q: Several unit owners in the condominium building I manage are longtime cigarette smokers. I’ve fielded an increasing number of complaints from nonsmoker unit owners, some of whom are claiming the cigarette smoke is affecting their...

Getting Disorganized Meetings Under Control

January 14, 2016    

Q: The board of the association I manage has been conducting meetings that aren’t very effective and are unnecessarily long. The president has served on the board for several years and has become frustrated with the situation. How can I...

Recovering Attorneys' Fees for Case Against Law Firm

December 22, 2015    

Q: The homeowners association I manage is in a dispute with our prior law firm regarding the payment of legal fees. We haven’t been able to come to a settlement and are currently scheduled to go to trial later this year. If we win, can...

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