Comments on: May Owners in a Condo Hold an Election if The Board Won’t? http://condolawguru.com/2009/10/may-owners-in-a-condo-hold-an-election-if-the-board-wont/ Condo Law & HOA Law for Boards & Owners Thu, 03 May 2012 06:34:02 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Beth Grimm http://condolawguru.com/2009/10/may-owners-in-a-condo-hold-an-election-if-the-board-wont/comment-page-1/#comment-10 Beth Grimm Fri, 16 Oct 2009 05:01:08 +0000 http://condolawguru.com/?p=60#comment-10 I do not give legal advice in specific situations. I will say that there are remedies in a situation where a repair is not made in a timely way. One thing an owner can do is hire an attorney to review the association regulatory documents and make a demand on the association (if indeed it is the association's responsibility). Another possibility is to hire someone to fix the problem and then ask the Board to reimburse the costs, and if the Board refuses, file a small claims action to try and recover the money. Such an action should be preceded with a letter telling the association what you plan to do and giving it a fair opportunity to make the repair in a timely way. And the outcome in small claims will depend on whom the hearing officer believes is responsible given the documents that regulate the association and also what the cause was. Be careful though, because if an owner does repair something that is in the common area that requires architectural approval, he or she could get into trouble by changing something on the exterior - such a a light fixture. I do not give legal advice in specific situations. I will say that there are remedies in a situation where a repair is not made in a timely way. One thing an owner can do is hire an attorney to review the association regulatory documents and make a demand on the association (if indeed it is the association’s responsibility). Another possibility is to hire someone to fix the problem and then ask the Board to reimburse the costs, and if the Board refuses, file a small claims action to try and recover the money. Such an action should be preceded with a letter telling the association what you plan to do and giving it a fair opportunity to make the repair in a timely way. And the outcome in small claims will depend on whom the hearing officer believes is responsible given the documents that regulate the association and also what the cause was. Be careful though, because if an owner does repair something that is in the common area that requires architectural approval, he or she could get into trouble by changing something on the exterior – such a a light fixture.

]]> By: Charlene Jones http://condolawguru.com/2009/10/may-owners-in-a-condo-hold-an-election-if-the-board-wont/comment-page-1/#comment-9 Charlene Jones Thu, 15 Oct 2009 19:21:37 +0000 http://condolawguru.com/?p=60#comment-9 Thanks for the information regarding elections for the members on the Board of Directors. I have another issue for you to provide enlightment on solving it or what direction to take. It have been almost 4 weeks since I have contacted the homeowners association for repair of the outdoor automatic light at my backdoor. To date, October 15, 2009, this problem has not been addressed. Several excuses have been given: It may be the light which you can control from inside the home, so it's your responsibility. A board member says he will be there today (e.g. 2 weeks past). The board member assured me he has come by to repair the light (e.g. 3 weeks). If it is not working by now, maybe an electrician needs to be contacted. I asked for dates for the electricians to arrive, but no answers have been given. This is a family owned homeowner's association. My phone, and email complaints are heard by the same people whom have a history of not responding. Charlene Thanks for the information regarding elections for the members on the Board of Directors.

I have another issue for you to provide enlightment on solving it or what direction to take.
It have been almost 4 weeks since I have contacted the homeowners association for repair of the outdoor automatic light at my backdoor. To date, October 15, 2009, this problem has not been addressed. Several excuses have been given: It may be the light which you can control from inside the home, so it’s your responsibility. A board member says he will be there today (e.g. 2 weeks past). The board member assured me he has come by to repair the light (e.g. 3 weeks). If it is not working by now, maybe an electrician needs to be contacted. I asked for dates for the electricians to arrive, but no answers have been given. This is a family owned homeowner’s association. My phone, and email complaints are heard by the same people whom have a history of not responding.

Charlene

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