Sometimes, board members don’t follow the rules. A board member might speak out of turn at meetings or dominate the floor; might take actions without consulting other board members or in direct conflict with a board decision; or might even hide or steal association records or funds. Sometimes a board member puts his or her…
Category Archives: Board Conduct
Board of Directors Resignation
Imagine this scenario: your association’s entire board of directors decides they are fed up with being board members, and all resign at the same time, leaving your association with no board at all. Or, imagine that, one by one, each board member resigned over time and was never replaced, so that when the last board…
Robert’s Rules of Order
The purpose of using Robert’s Rules of Order or some other rules of parliamentary procedure is to allow a group to make decisions, allow all members of the group an opportunity to speak, and to do so in an orderly and controlled fashion. If your group, regardless of size, has a process for meeting, talking, and…
Beware of Frozen Pipes!
It’s that time of year again – temperatures are dropping, and if you’re ever going to deal with the risk of a frozen or burst pipe, winter is when it’s likely to happen. In the past, condominium association insurance policies have routinely provided coverage for Condominium property (common areas and apartments/units) when a pipe has…
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…
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…
Transitioning from Declarant Control & Annual Audits
Often new clients come to us with problems that are actually financial issues. Boards distrust the Declarant (that is, the company that created the condominium and is passing control of the Association on to the Board). Boards may also question how funds were spent by prior boards or management companies. One of the questions we…
What to Include in Association Records
Community associations have an obligation to maintain business records just as all corporations do. Often our clients ask us what information and documents belong in association records. As a starting point, we like to address what does not belong in those records; namely, attorney-client privileged information. Correspondence (including e-mails), memos, and attorney invoices all contain…
Avoiding Problems with Contractors
In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they were buying, and what the contractor thought they were to supply. Our recommendations for any contract…
Condominium and Homeowner Association Boards: the Very Basics
Condominium and Homeowner Associations are governed by boards of directors, who generally have the power to make all decisions and take all actions on behalf of their associations. Much like a small government, the Board is elected by the members of the community. Beyond election of the board members, individual members of the community are…
Category Archives: Board Conduct
When Board Members Go Rogue
Sometimes, board members don’t follow the rules. A board member might speak out of turn at meetings or dominate the floor; might take actions without consulting other board members or in direct conflict with a board decision; or might even hide or steal association records or funds. Sometimes a board member puts his or her…
Board of Directors Resignation
Imagine this scenario: your association’s entire board of directors decides they are fed up with being board members, and all resign at the same time, leaving your association with no board at all. Or, imagine that, one by one, each board member resigned over time and was never replaced, so that when the last board…
Robert’s Rules of Order
The purpose of using Robert’s Rules of Order or some other rules of parliamentary procedure is to allow a group to make decisions, allow all members of the group an opportunity to speak, and to do so in an orderly and controlled fashion. If your group, regardless of size, has a process for meeting, talking, and…
Beware of Frozen Pipes!
It’s that time of year again – temperatures are dropping, and if you’re ever going to deal with the risk of a frozen or burst pipe, winter is when it’s likely to happen. In the past, condominium association insurance policies have routinely provided coverage for Condominium property (common areas and apartments/units) when a pipe has…
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…
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…
Transitioning from Declarant Control & Annual Audits
Often new clients come to us with problems that are actually financial issues. Boards distrust the Declarant (that is, the company that created the condominium and is passing control of the Association on to the Board). Boards may also question how funds were spent by prior boards or management companies. One of the questions we…
What to Include in Association Records
Community associations have an obligation to maintain business records just as all corporations do. Often our clients ask us what information and documents belong in association records. As a starting point, we like to address what does not belong in those records; namely, attorney-client privileged information. Correspondence (including e-mails), memos, and attorney invoices all contain…
Avoiding Problems with Contractors
In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they were buying, and what the contractor thought they were to supply. Our recommendations for any contract…
Condominium and Homeowner Association Boards: the Very Basics
Condominium and Homeowner Associations are governed by boards of directors, who generally have the power to make all decisions and take all actions on behalf of their associations. Much like a small government, the Board is elected by the members of the community. Beyond election of the board members, individual members of the community are…
