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Category: Q&A

Q&A Q&A: Serving on Two Boards
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 t…

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Q&A Q&A: Changing the Bylaws
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 Q&A: Could I Be Forced to Sell My Unit?
2017 November Q&A: Could I Be Forced to Sell My Unit?

Q. A real estate investment company is buying up our units one by one. We are a small condo building. Can they force me to sell? What will happen if I hold out? Where do I get the proper information before spending money?                …

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Q&A Q&A: Owners’ Lack of Interest in Serving on a Board
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 Q&A: Renting Out a Condo
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 attorney Rachel…

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Q&A Q&A: Where Are Our Rights?
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 Q&A: Is HOA Responsible for Removing Tree Roots?
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 Q&A: Where Do We Go When Management Commits Fraud?
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 Q&A: Renting Out a Condo
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 Q&A: Stock Certificates and Co-ops
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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