Can condominiums with fewer than 50 units vote to avoid having an annual audit? Only if their Declaration does not require an audit. The statute that requires both New and Old Act condominiums to conduct an annual audit provides that with a vote of 60% of the owners, the association can avoid that audit. The…
Author Archives: Valerie Farris Oman
Can Your Board Vote via E-mail?
Our clients often ask us if it is permissible for boards to vote on association business via e-mail. We have even heard of association boards that do not meet in person at all, but conduct all business via e-mail. Although doing business this way may seem harmless, it may actually be a breach of a…
Upcoming Condo Law Webinars
We have one more 2010 webinar scheduled at 10am on December 8, 2010. We have also scheduled webinars at 10am on January 5, 2011, February 9, 2011 and March 9, 2011. You can sign up for them by clicking on the links below. You can also view all previously recorded webinars here. Remember, all webinars…
Compliance with the Red Flags Rule
The “Red Flags” Rule is a regulation which will go into effect December 31, 2010 and which will apply to all “financial institutions” and “creditors” with “covered accounts.” “Creditors” are defined as: any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or…
Congratulations to Ken Harer, New Member of the College of Community Association Lawyers
Congratulations to Ken Harer, the founder and managing member of Condominium Law Group, PLLC, who has been inducted into the College of Community Association Lawyers (CCAL)! The CCAL was established by the Community Associations Institute (CAI) and consists of attorneys from all fifty states who CAI recognizes as being committed to excellence in the practice…
Do the New Federal Regulations on Old Lead Based Paint Affect Your Association?
To protect against the harm which can be caused by lead-based paint, new regulations from the Environmental Protection Agency (EPA) affecting apartments and condominiums took effect April 22, 2010. These regulations may apply to repair and maintenance projects at your condominium. The Renovation, Repair, and Painting Rule applies to renovation, repair, or painting activities in…
Standard of Care for Boards
Owners and Board members are often confused about what standard of care the law imposes on Board members, and with good reason. The Condominium Act (the “New Act”) imposes one standard of care upon Board members, but that standard of care also applies to board members for “Old Act” condos (those formed under the Horizontal…
Super Priority Lien Basics
A lien is a document that records a debt, using a condo unit as collateral for the debt. Ordinarily, a lien against real estate has “priority” based on the date the lien is recorded. Once a lien is recorded, it becomes next in line to any liens previously recorded – first come, first served. This…
Reasonable Accommodation – Interpreters
Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable deaf or hearing-impaired owners to participate in the association meetings. The only…
Renovation Projects and Your Governing Documents
So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration’s requirements. 1. Following procedures: the Association attorney can help ensure that the Board follows proper…
Author Archives: Valerie Farris Oman
Annual Audits
Can condominiums with fewer than 50 units vote to avoid having an annual audit? Only if their Declaration does not require an audit. The statute that requires both New and Old Act condominiums to conduct an annual audit provides that with a vote of 60% of the owners, the association can avoid that audit. The…
Can Your Board Vote via E-mail?
Our clients often ask us if it is permissible for boards to vote on association business via e-mail. We have even heard of association boards that do not meet in person at all, but conduct all business via e-mail. Although doing business this way may seem harmless, it may actually be a breach of a…
Upcoming Condo Law Webinars
We have one more 2010 webinar scheduled at 10am on December 8, 2010. We have also scheduled webinars at 10am on January 5, 2011, February 9, 2011 and March 9, 2011. You can sign up for them by clicking on the links below. You can also view all previously recorded webinars here. Remember, all webinars…
Compliance with the Red Flags Rule
The “Red Flags” Rule is a regulation which will go into effect December 31, 2010 and which will apply to all “financial institutions” and “creditors” with “covered accounts.” “Creditors” are defined as: any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or…
Congratulations to Ken Harer, New Member of the College of Community Association Lawyers
Congratulations to Ken Harer, the founder and managing member of Condominium Law Group, PLLC, who has been inducted into the College of Community Association Lawyers (CCAL)! The CCAL was established by the Community Associations Institute (CAI) and consists of attorneys from all fifty states who CAI recognizes as being committed to excellence in the practice…
Do the New Federal Regulations on Old Lead Based Paint Affect Your Association?
To protect against the harm which can be caused by lead-based paint, new regulations from the Environmental Protection Agency (EPA) affecting apartments and condominiums took effect April 22, 2010. These regulations may apply to repair and maintenance projects at your condominium. The Renovation, Repair, and Painting Rule applies to renovation, repair, or painting activities in…
Standard of Care for Boards
Owners and Board members are often confused about what standard of care the law imposes on Board members, and with good reason. The Condominium Act (the “New Act”) imposes one standard of care upon Board members, but that standard of care also applies to board members for “Old Act” condos (those formed under the Horizontal…
Super Priority Lien Basics
A lien is a document that records a debt, using a condo unit as collateral for the debt. Ordinarily, a lien against real estate has “priority” based on the date the lien is recorded. Once a lien is recorded, it becomes next in line to any liens previously recorded – first come, first served. This…
Reasonable Accommodation – Interpreters
Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable deaf or hearing-impaired owners to participate in the association meetings. The only…
Renovation Projects and Your Governing Documents
So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration’s requirements. 1. Following procedures: the Association attorney can help ensure that the Board follows proper…