Articles filed under Bendoff, David

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Articles filed under Bendoff, David

Unit owner is allowed to see association work contracts

By David M. Bendoff
Jun 2, 2023 6:00 AM - Q: Our condominium association hired a pest control company to perform seasonal spraying of the buildings for wasp and bees. I witnessed what to me was unacceptable work. I would like to know exactly what is expected for each building and if balconies are included. Shoddy work should not be tolerated. Can I request the contract for the above work from the board or management company?
Property management can require requests via the web

By David M. Bendoff
May 26, 2023 7:00 AM - Q: The board of our association, in conjunction with management, has implemented a procedure whereby all requests for service must be submitted to the management company through its web portal. I emailed a board member with an ongoing maintenance problem. Rather than suggest it would be handled, she directed me to use this procedure. Isn't this a breach of the board member's fiduciary duty?
Association's bylaws often are imbedded within its declaration

By David M. Bendoff
May 19, 2023 7:00 AM - Q: I am a new board member for my condominium and realized we do not have a separate document called "bylaws." We only have a document called declaration of condominium. Is that going to be a problem?
Including lawyer in emails is no substitute for an open meeting

By David M. Bendoff
May 12, 2023 7:00 AM - Q: I understand that a quorum of the board of a condominium can consult with the association's legal counsel without having an actual board meeting. If the board members "cc," or include, legal counsel on e-mail discussions among all the board members, regardless of the topic, can the board avoid holding a board meeting?
Nine-member board should consider reducing its size

May 5, 2023 6:00 AM - Q: The declaration for our association provides for a nine-person board. It also expressly provides for a quorum of five board members. Due to resignations, board members who have sold their units, and a lack of interest among owners to serve on the board, we now have only a four-member board.
Couples owning a single unit cannot serve on the board together

Apr 28, 2023 6:00 AM - Q: We live in an almost 100-home community association. As a result of low owner involvement and a vacancy on the board, our elected secretary's husband wants to be appointed to the board. In all the statutes I have read and reviewed, it appears this practice is not permitted.
Resident with disability has right to 'reasonable' modifications

Apr 21, 2023 7:00 AM - Q: A unit owner in our association claims the association is not required to allow a disabled unit owner to make a modification to the common elements to accommodate her wheelchair. That does not sound right. What is the answer?
Board vacancies cause confusion in upcoming election

Apr 14, 2023 7:00 AM - Q: Over the years, we have had board members resign leaving vacancies, or we have had issues with finding candidates to run for the board. Now we are confused how long our board terms should be.
Board has a right to collect certain fees beyond assessments

Apr 7, 2023 7:00 AM - Q: A recent column talked about collection of assessments. What about collection of other charges to association members, such as for landscaping, repairs, etc.
Underfunded reserve account is cause of concern

David M. Bendoff
Mar 31, 2023 6:00 AM - Q: Board members are constantly elected on the basis of "keeping assessments low," thus underfunding reserve accounts. This led to a large assessment for a roof replacement. Does an owner have any recourse?

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