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The condo association requires every property owners to

The condo association requires every property owners to replace windows at their own cost. Below is the answer from the association when the owner asked why it is necessary to do so. The improvement is not the requirement of any city by law.The question is also about why it takes so long (i.e. from 2013 to 2016) to enforce such a rule. The cost of the property is about thousands of dollars. Any chance to challenge this? Have to sign the contract, otherwise the association will sue and the property has to pay the legal bill if the case go legal action. So far, I am getting conflict answers. One says this is excess requirement and can be challenged legally. The other answer is that the association by law has the authorization to enforce the decision."In 2013 the board of directors legally voted at a board meeting for the owners to get the same windows so that the property looks uniform. Please refer to your updated rules and regulations on page 38."

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MIAMILAW1127

Partner

Juris Doctorate

1,410 satisfied customers
Non-Profit start-up question. What is the fastest and least

Non-Profit start-up question. What is the fastest and least expensive way to begin a non-profit that involves the fewest number of people? I know usually there's a ' board,' etc. I want to start a small arts non-profit and then build it up from there to be able to apply for grants etc. eventually. It would be small to start, and potentially just myself or one or two others included. Is that possible with a very small group, not a big ' board' involved? I know there's a ' state-level' type of filing, and then something called 501-C ?)- but that's about all I know. Thanks.

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
Background: Owners from a condo association are required to

Background:Owners from a condo association are required to replace all windows and sliding door of the property.The owners are also required to use ONE SINGLE contractor to do the job. The decision was made by the board director. The decision of changing the window is not for complying the by law or any house rule by city/country but sole for the purpose of nicer appearance and better property value. The decision was probably based on voting of the association. The association/board director might have sent out prior notices asking for opinion/input. Now they said the window replacement has no exception. The association will sue the owner(s) who do not comply and threat these owners to pay legal fee.Update:Contacted the association and make verbal complaint. But the association does not make any exceptions. They said in one instance, one home owner used a different window installer, other than the one appointed by the association, to replace the window, the judge made ruling in favor of the association.What to do?I intend to challenge such decision and do not want to replace window/sliding door. I check the small claim court. But at this stage, I do not have financial damage yet. However, once they sue me for not complying window replacement, and they demand me paying for legal fee( they will hire attorney) and replacing working window, I will incur financial damage.I like to know how likely I can win against them. Even if I get an attorney to write them a letter, it will not stop this.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
FL HOA discrimination issue: A Florida HOA, in direct

FL HOA discrimination issue: A Florida HOA, in direct response to a HUD discrimination complaint, just amended their declaration with an Article stating that any home owner who raises any issue or complains with anyone that results in HOA having to use their lawyer, will have to pay for the HOA lawyer's time. So not just if you lose a lawsuit; they claim they will charge you for ANYTHING that causes them to use their lawyer against you, right away . . . is this legal??Here is new wording . . . "In the event that the Community Association in its sole discretion retain an attorney to prepare and/or respond to any letter, pleading, correspondence, contact, and/or issue raised by, about or between Members directed to the Community Association, its Board or Director, or related to the Community Association, and the common area, any reasonable costs and attorneys fees associated therewith inducing any pre-suit costs and fees through and inducing all trial and appellate levels and postjudgment proceedings shall be the responsibility of the individual member. The costs and attorneys fees so incurred shall be deemed to be a Special Assessment against the Residential Unit, and shall be collectible in the same fashion as an other assessment as provided in Article 7."This paragraph would appear to violate at least "Unless otherwise agreed by the parties, section 720.311(2)(b), Florida Statutes, requires that the parties share the costs of presuit mediation equally, including the fee charged by the mediator. "Is there any low cost way of calling the HOA out on this without major litigation, for years, where they will charge you every month for THEIR time? Any FL statutes that prohibits them from doing this, or are we all now indentured servants to HOA, which can charge us at will?

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Damien Bosco

Attorney

Doctoral Degree

2,804 satisfied customers
I have a for-profit corporation that paid to have a

I have a for-profit corporation that paid to have a non-profit corporation (501c3) established. The officers and board of directors are totally different and no one is related between the two entities. If the 501c3 funds projects that fall within its charter, but primarily (95% of them) benefit my for-profit corporation (money for supplies on charitable work the for-profit historically has paid for), is there enough separation between the for-profit and the non-profit?

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Richard - Bizlaw

Juris Doctor

9,638 satisfied customers
I am trying to inspect the books and records of a

I am trying to inspect the books and records of a cooperative in which I am an owner. They in the past have allowed me to inspect all the shareholder meeting minutes and board of directors meeting minutes. They have refused to as I requested last month stating that the law firm has told them they do not have to do so. Please tell me the law in this matter and if they are estopped from asserting this as they have allowed it in the past. Furthermore the managing agent is making this statement to me regarding the law firm. Should I require that the board of directors clearly state this as the law firm is only for advisory. They, themselves have no authority unless it is vested in them from the BOD's.

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Richard - Bizlaw

Juris Doctor

9,638 satisfied customers
My friend is a secretary on a non-profit board of directors.

My friend is a secretary on a non-profit board of directors. In the last two years she has had three strokes and although she still has mental capacity, she is slower and has lost partial physical capacity. Due to her disability, she is no longer able to transcribe meeting minutes in the timely fashion she used to. I was advised by a nonprofit advocacy group that she is entitled to have an assistant, not only to help her transcribe recordings of meetings, but also to attend meetings with her in a non-participatory strictly assistive capacity. The current president of the board is in the midst of trying to remove several board members, and he has told my friend that if she cannot transcribe the minutes herself she needs to be replaced as secretary. She was also told that she could not select her assistant - that the board had to approve that selection. Can you shed any light on any of this? I feel she is being discriminated against because of her disability and her age.

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Asad Rahman

Attorney

J.D.

2,832 satisfied customers
I am looking over my LLCA (based in Wisconsin). My LLC

Hello, I am looking over my LLCA (based in Wisconsin). My LLC consists of 3 members. 1 member is behaving unfavorably and will always vote in the opposite direction of the other 2 (myself and another partner). Below i have copy and pasted a section of our LLCA that talks about unanimous voting. I would like to know:1. With majority vote, are we allowed to give compensations to certain members for completing certain tasks2. With majority vote, are we allowed to give ourselves salaries?3. We are a creative company (we make clothes and accessories). Do we need unanimous voting to commission manufacturers to make our products?4. In the instance we would like to collaborate with a company (say Jan Sport) to make a backpack. Would we need unanimous votes from all the members to move forward?"B. Approval andAction. Unless greater or other authorization is required pursuant to this agreement or under the Wisconsin Limited Liability Company Act for the Company to engage in an activity or transaction, all activities or transactions must be approved by the Members, to constitute the act of the Company or serve to bind the Company. With such approval, the signature of any Members authorized to sign on behalf of the Company is sufficient to bind the Company with respect to the matter or matters so approved. Without such approval, no Members acting alone may bind the Company to any agreement with or obligation to any third party or represent or claim to have the ability to so bind the company.C. Certain Decisions Requiring Greater Authorization. Notwithstanding clause B above, the following matters require unanimous approval of the Members in a consent in writing to constitute an act of the Company:(i) A material change in the purposes or the nature of the Company's business;(ii) The amendment of the Company's articles of organization;(iii) Allowing the Company to accept any additional contribution from a Member;(iv) Allowing a partial redemption of a Membership Interest under Section(###) ###-####of the Wisconsin Limited Liability Company Act;(v) Valuing the contributions of members under Section(###) ###-####2) of the Wisconsin Limited Liability Company Act;(vi) Authorizing a Manager, Member or other person to do any act on behalf of the Company that contravenes this Agreement;(vii) With the exception of a transfer of interests governed by Article 7 of this Agreement, the admission of a new Member or a change in any Member's Membership Interest, Ownership Interest, Percentage Interest, or Voting Interest in any manner other than in accordance with this Agreement;(viii) The merger of the Company with any other entity or the sale of all or substantially all of the Company's assets; and(ix) The amendment of this Agreement."i realize this is a long question. I promise to tip well.

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CalAttorney2

Attorney

Doctoral Degree

19,506 satisfied customers
Is the secretary and the treasurer on the board of directors

Is the secretary and the treasurer on the board of directors of a non profit or are they separate from the board?

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J. Warren

Attorney

Doctoral Degree

4,098 satisfied customers
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