Author: Ryan Poliakoff

The vast majority of HOAs have the authority to make rules governing both the common areas and the lots, including how many vehicles are allowed.
      

Poliakoff: If board members are unable to conduct business, they should appoint replacements and then ratify the decision.
      

Problems with short term rentals in deed-restricted communities have accelerated with the popularity of vacation rental websites like AirBnB and Vrbo.
      

Condo Q&A: Access rules should not block legitimate tenants from entering a community.
      

Condo Q&A: When two associations are tasked with maintenance of common property, usually the condo board maintains authority.
      

HOAs may be liable if they fail to maintain sidewalks that become safety hazards.
      

Condo association governing documents determine any restrictions on property alterations.
      

Poliakoff: HOA board members remain seated until they are re-elected or a new director is elected to that seat.
      

Often the governing documents give condominium boards broad authority to pass special assessments as needed.
      

Many variables determine responsibility for repairing mold damage in a condo.
      

HOAs face risks when requiring vaccinations for social activities and the use of common areas.

While the Condominium Act states that all owners are eligible to serve on the board, it does not conversely prohibit non-owners from serving.
      

A homeowner’s association is obligated to respond to a lot owner’s written request to inspect records.
      

Unless the HOA’s procedures provide otherwise, nominations for the board must be taken from the floor at the annual meeting.
      

As long as they aren’t the sole source of information legally required to communicate to owners, newsletters can be distributed however is convenient.
      

Boards are required to provide mailed written notice of certain types of meetings.
      

Boards have the authority to postpone meetings or conduct them over Zoom, depending on the method of voting in the community.
      

In an HOA, the unit owner owns real property, and the HOA owns other common areas dedicated to the general use of the membership.
      

At condo association meetings, a proxy allows one person to attend in the place of another.
      

In requesting financial documents, boards must weigh the association’s legitimate interests against the inherent privacy rights of the applicant.