RATED A+
✔✔Evelyn, a homeowner, has done some digging and found out that a member of the
Board, Mary, voted "no" on every assessment increase for the last few years. Evelyn is
for progress and she wants Mary off the Board. Evelyn is able to convince 60% of the
owners of her small association (40 members) to sign a petition to unseat Mary.
Is the petition legally effective for the purpose of removing Mary from the Board? -
✔✔To remove Mary from the board there either has to be cause (such as would support
a court order, e.g. competency, criminal act or something like that), or the owners must
vote on the question Mary's removal. Mary should be given notice of the removal action
and provided with an opportunity to defend herself and her actions.
In several states within the United States, owners can petition the board to ask for a
recall meeting, and the association would have an obligation in most cases to hold one.
Some states require only 5% of the voters to sign such a petition (as is the case in
California) and others require a higher percentage before the board must take action. A
board member cannot simply be "fired" by either the board or a number of owners.
✔✔The board of Cantrell Commons has established a standing committee dedicated to
architectural control. The committee has decided to extend a patio fence twelve inches
into the common areas.
Does the Architectural Control Committee (ACC) require board approval for this fence?
- ✔✔Yes. Committees report their findings for Board approval. The recommendation of
the ACC may also require Board approval.
✔✔Patti Smith is a member of Cantrell Commons. When the patio fence is moved back
by one foot, she notices that it will make great area for rose bushes. Patti asks Bob,who
is on the ACC if she can plant rose bushes in the new area. Bob tells her that he will
bring it up at the next ACC committee and report back to her with their decision.
Did BOB advise PATTI correctly? - ✔✔Bob should have responded to Patti to put her
request in writing to the Architectural Control Committee (ACC).
✔✔A medical office condominium building has started up in a gentrifying neighborhood
in Philadelphia. Many of the unit owners are employed by the nearby hospital and
provide outpatient services to residents in the area. The board consists of only three
members, who are also physicians. One day, they arrive to find that city has imposed a
heavy fine on the building for "improper disposal of medical waste."
If you were the Managing Agent for this common interest development what would you
advise in order to begin to address the problem? - ✔✔Answers will vary. An immediate
,call for an emergency meeting of the Board may be required to uncover the next steps
necessary to come into compliance with local laws.
✔✔When litigation results from Board action, which authorities are potentially liable? -
✔✔The Board of Directors, the Managing Agent, and possibly the members in the CID
(depending on if the CID is incorporated or not)
✔✔The number and types of committees, and their authority will typically be provided
for by what authority? - ✔✔The role of committees in a common interest development
will usually be defined in the bylaws of the association.
✔✔Removing a Board member from duty is potentially the responsibility of what
authority? By what documents will the procedure of Board member removal be
detailed? - ✔✔The steps the Board must take to removing board members will vary
from community to community, but is usually defined by the Bylaws of the association.
✔✔Describe some common areas of concern that standing committees are created to
oversee. - ✔✔Common standing committees
- Architectural Control Committee (ACC)
- Landscape
- Building
- Communications
- Nominating
- Rules (or regulation or policy)
- Social
Common ad hoc committees
- Special projects
- Budget (or reserve)
✔✔Describe the structure of Boards that you have seen in the space below. -
✔✔Answers will vary.
✔✔Describe the potential harm to the CID created by not adhering to due process
during proceedings to enforce the governing documents. - ✔✔Due process requires that
an accused has the right to be heard and to appeal accusations, fines, warnings,
prohibitions or restrictions prior to finalization. CIDs not adhering to due process run the
risk of losing the sense of the sense of trust and fairness among the members. Courts
may also dismiss fines and sanctions imposed by a board if due process was not
adhered to.
✔✔What is the advantage of going to small claims court to resolve delinquencies? -
✔✔For the Board of Directors, having a management agreement that includes the
ability of Managing Agents appearing on behalf of the Board in small claims court
reduces the amount of time for Board volunteers to spend in court. It is critical to be
, sure you, as managing agent, may appear for the board. Some jurisdictions state that
only an attorney may represent another in court.
✔✔List some various types of state requirements in regards to the members' access to
CID records - ✔✔- Some jurisdictions have statutes that govern the limits of owners'
access to records of the association.
- In some states, these statutes may provide for owners' access to accounting and
bookkeeping records of the association within a certain time frame.
✔✔What are the potential negative effects in delaying reporting potential architectural
violations to the Board of Directors? - ✔✔Managers benefit from taking an active
approach to architectural control with inspections. When control issues are discovered,
they should be forwarded to the Board immediately, as delay in enforcement of these
controls will surely create more violations, and perhaps lead to perceived injustice as an
individual member is singled out for enforcement.
✔✔Develop a practice agenda - ✔✔1. Call to order
2. Roll Call
3. Establish a quorum
4. Approve the minutes
5. Discuss Annual Meeting in 3 months
6. Hear the complain about the unleashed dog from dog owner and decide if a
resolution needs to be passed (example)
7. Form committee for new pest control contract RFP? (example)
8. Form committee to research pool refinishing? (example)
9. Hear from Landscape committee on recommendations for new trees on
path(example)
10. Adjourn
✔✔At the Board Meeting, the Board requests that the Manager obtain 3 bids for sealing
the asphalt of the parking areas. It has been 7 years since the asphalt was sealed.The
Board President states that the asphalt is in relatively good condition, with a few minor
cracking and pot holes and a few areas puddling occurs. The parking area services a
high end luxury planned unit development. The Board indicates to the Manager that
they want to maintain the property in first class condition. The entire parking area is
approximately 185,000 s.f.
You are the Manager and are at the Board Meeting where this topic is presented.This
item wasn't on the agenda but was introduced appropriately by a Board Member to be
addressed on the agenda under new business. The Board President turns to the
Manager and asks that the Manager obtain 3 bids for sealing of the asphalt to be
presented in 60 days so that the Board can authorize the work. - ✔✔The Manager
should advise the Board that in his/her professional opinion the Board should consider
engaging an asphalt consultant to make a proper assessment of the parking lot repair
needs. There would be many benefits in having a professional make this evaluation.