articles by Barry A. Ross Esq.

Definitions

  • What is the difference between a Community Apartment Project, a Condominium Project, a Planned Development, and a Stock Cooperative? Read more...
  • When is a homeowners association held to the same standard as a government agency? Read more...

common areas

  • Can an association convey common area to a member? Read more...

government


meetings

  • Are meetings of the Board of Directors of an association required to be open to the members? Read more...

resolving disputes

  • How does alternative dispute resolution apply to a community association? Read more...
  • What are the requirements for internal dispute resolution? Read more...

voting

  • What are the election and voting procedures of an association? Read more...
  • Can Association funds be used for campaign purposes in connection with an association board election? Read more...

assessments

  • Are the any limitations on the association’s ability to assess members? Read more...
  • When an owner disputes an assessment from the association, can the owner pay the assessment under protest reserving the right to contest the assessment in court? Read more...
  • What are the limitations of an association’s ability to initiate non-judicial foreclosure for non-payment of assessments? Read more...
  • The Association is seeking to collect assessments and fines against you Read more...


architectural


flags & antennas

  • What types of flags may be prohibited by the association? Read more...
  • Can the association restrict video or television antenna? Read more...
  • Your Association Will Not Allow You To Put A Flag In Front Of Your Residence Read more...

inspections

  • Is a member of the association entitled to inspect the books and records of the association? Read more...
  • Is the seller of a condominium required to make specified disclosures to the buyer relating to the condominium? Read more...
  • Can the Members of the association extend the term of the CC&R’s? Read more...
  • Can the Association deny you access to The Association's financial records? Read more...

pets

  • Can the association prohibit a homeowner from keeping a dog or pet within his or her residential unit? Read more...
  • Can the CC&R’s be amended to require you to remove your pets? Read more...
  • The Association Is Requiring You To Remove Your Cat And Dog From Your Residence Read more...

rules

  • What are the correct procedures for the association to change its rules? Read more...
  • Can the members of an association reverse a rule change by the association? Read more...
  • What are the requirements for the rules of the association to be valid and enforceable? Read more...


Hoa member rights

  • How do you recall one or more Board members Read more...
  • How do you avoid litigation with your Association Read more...
  • The Association is prohibiting you from operating a business out of your house Read more...
  • How to become a Board Member: elections, board meetings and conflict of interest Read more...
  • When the CC&R’s require a super majority vote to amend the CC&R’s, is there any procedure available to amend the CC&R’s with owners having a simple majority? Read more...
  • If an owner relies on the representation of the association that a section of the CC&R’s will not be enforced, can the association then enforce the CC&R’s Read more...
  • What documents are the Association required to furnish to its members on an annual basis? Read more...
  • Short-Term (Vacation) Rentals Read more...

general law

  • Developer Transition in a Community Association- Overview Read more...
  • What Should A Board of Directors Do At The Time Of Developer Transition? Read more...
  • Recent Developments In Homeowner Association Law A shift in the balance of power Read more...

mechanics lien

  • Can a contractor assert a mechanic’s lien right against the association and/or its members? Read more...

attorney's fees

  • In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs? Read more...

termites

  • What authority does the association have to correct termite infestation in the common area of a condominium? Read more...