Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

When an HOA Board agrees to participate in the Internal

When an HOA Board...

When an HOA Board agrees to participate in the Internal Resolution Process what are their obligations? and are they not supposed to address this at the Board meeting?

Lawyer's Assistant: What steps have they taken so far? Have they prepared or filed any paperwork?

I sent the request in writing and addressed my request at the Board meeting in February. The Board accepted my request by email and I had the first meeting on March 7. The General Manager aka hospitality manager threatened to disconnect my telephone and internet service as well as all services my husband and I have enjoyed since we became an owner in 2004. The HOA president talked to me on January 12 and put it as an item to discuss for the January 17meeting. I was notified about the meeting on January 16 and could not reschedule my work and the meeting I had and had expressed this in writing with several Board members. On February 21, the President stated no action was taken because the Board has no authority; however, the minutes from that meeting released on February 26 reveal that one director moved my item as an executive session and the President motioned this. At the March 7 I asked about the executive action and he repeated again that no action was taken because they had no authority. I had a local attorney review all CCRs' and bylaws and we cannot find anything that would allow the manager to abruptly disconnect my services.

Lawyer's Assistant: Where is the property located?

The Village at Squaw Valley, Olympic Valley. Many owners are now afraid that she will do it to them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes that we have been an owner since 2004 first under Intrawest, then KSL who later acquired Squaw Valley. We were on the rental program since 2004 and used all hospitality services since then. Unfortunately that manager does not treat all owners alike. Despite our efforts to work with her, she never paid for the damage caused by renters and staff, always postponed repairs and we paid them, promised to improve housekeeping but all we saw was a decline in service, disrespect for us and our guests and so to ensure that we continue to enjoy our stay and that our guests could enjoy their stay we removed ourselves from the rental program and got our own housekeeping. Hospitality services are provided for all owners - those not on the rental program pay extra. This manager disconnected our phone and internet early March - to do this she trespassed our property without notice. Squaw has a problem with keys because they are constantly de-activated. Since late 2016 I (like many owners) have been paying an extra $18 /day when we rent our condo - this gives our guests short term activated keys and the guarantee that the keys will be re-activated without any hassle. This manager has now suspended that service as well.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/19/2018
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,582
Experience: Experienced lawyer
Verified
Are you asking if they need to give notice and act in good faith ?
Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
They did give notice and they seemed to be acting in good faith, but the IDR nor my issues are not on the agenda for the Board meeting this Wednesday. I only met with the President - he has denied that an executive action took place, but the minutes from the January meeting show that the "discussion for condo 4-408" was moved to an executive action by one of the 3 board directors and 2 motioned by the President. The CCRs and even the hospitality agreement do not give any details about an executive action and allow the Board to suspend services after a hearing and timely and proper notice. I never had a hearing and I was notified by email without any explanation by the General Manager, who does not treat owners with respect and who made the lives of many owners miserable - many sold their condo and/or moved out of the rental program, but we still need some services like front desk service because even though our owner keys are programmed to last for a long time, they are constantly de-activated .

what can I address at this point? are you asking for options to raise a complaint about their scheduling and handling?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I paid a local attorney to review the CCR's, bylaws, and all other guidelines and he could not find anything that would allow her to abruptly disconnect my services, especially without a hearing and without notification.
The CCRs allow the Board to suspend services but we are in good standing. I am asking you to know what needs to happen after that first meeting. Should they tell all board members that they have accepted the IDR and should they not discuss or report the facts of what was discussed on March 7 with all board members? I only have the contact addresses of 3 Board of directors and 2 hospitality members who report directly to the Board. I do not have the contact info for the residents who sit on the Board.

Having not reviewed the documents, I would tend to agree that any disconnection is highly improper and wuold violate standard rules and practices. The meeting discussions are normally not disclosed outside the board, unless internal rules provide otherwise. You and your counsel should be allowed to communicate with the board and seek disclosure and object to the conduct to date

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I did not hire the lawyer because he started to give suggestions like that it might be better to sell our condo, he promised to contact the Board, but instead procrastinated and only called the Manager on February 15 and she basically told him she can stop serving hospitality services to anyone and he accepted that answer.
It was my idea to file the IDR as a way to gain time and get proper answers. The Board has also requested that she not de-activate my internet and telephone services, but we were in the condo this weekend and she did disconnect these services. To disconnect one person needs to access our condo. We have a nest camera, but we found it unplugged.

I understand. selling the condo is not an option given this situation. You should consider having different local counsel press the board seeking in the first instance a meeting to address and resolve the issue and avoid escalation. If my reply is acceptable, please reply "acceptable"

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Acceptable

Thank you.

Ask Your Own Real Estate Law Question

Kindly take a moment to click on the 5 star rating for the replies.

Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,582
Experience: Experienced lawyer
Verified
Infolawyer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,582
63,582 Satisfied Customers
Experience: Experienced lawyer

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

63,582 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
How are you doing? Our property is located in Aliso Viejo,
Hello, how are you doing? Our property is located in Aliso Viejo, California. We utilize our property as a vacation rental with VRBO, HomeAway and until yesterday Airbnb. A guest booked through Airbnb… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our neighborhood has a social Media Policy that was
Our neighborhood has a social Media Policy that was established by our Board. The current Board has approved someone who is not authorized access to our HOA Facebook Page to have access to that page. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is do with to what extend a condo association has over a
It is do with to what extend a condo association has over a home owner in the association? … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
We had an incident the other night, where myself and 3 friends
We had an incident the other night, where myself and 3 friends went to the pool in our subdivision after hours. The HOA president called the police told them that we were trespassing and hopped the fe… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm on the HOA Board and our new president has fired our property
I'm on the HOA Board and our new president has fired our property management company of several years. She has now recommended her daughter who also lives in the complex to be our new property manager… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
We own two condos in Florida. We rent them out when we are
We own two condos in Florida. We rent them out when we are not using them. The Condo Owners Association Board has decided that if we want to hire a rental management company to rent our condos, it has… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in a condo association and the President of our Board
I live in a condo association and the President of our Board of Managers (an all volunteer board) has moved and her unit is for sale. I found the following in our Declarations: Declaration of Chateau … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We own a condotel in Myrtle Beach. We recently went off the
We own a condotel in Myrtle Beach. We recently went off the Management rental program for the "hotel." The president of the HOA, general manager of the Hotel, Developer and Rental Company President is… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
The key elements of a complex situation are these: 1. The
The key elements of a complex situation are these: 1. The President of our HOA has been our paid property manager for over 4 years. ( a complaint has been filed with the DBPR.) 2. A motion to have her… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
We have a hoemowners association in Jackson County Oregon. The
We have a hoemowners association in Jackson County Oregon. The association consists of four owners, seven lots containing seventeen rental units. None of the owners live on the property. All units are… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hi, we have a Board member who sent a letter to all Association
Hi, we have a Board member who sent a letter to all Association owners stating his intentions to resign from the Board effective 12/31/10. He did not follow through however on 2/24/11 he sent an email… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My roommate and I are in a situation with a property management
My roommate and I are in a situation with a property management company in California. We are living in an uninhabitable house. We have rats in the attic of our house since day one of renting. The fir… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Our HOA President went in our managment office after hours
Our HOA President went in our managment office after hours (he has a key) and wrote himself a check for over $3,000.00, and cashed it before anyone found out. His action is against our policy, as we r… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Isnt That Illegal Our Mortgage Crisis StoryVal & Doug
Isn't That Illegal? Our Mortgage Crisis Story Val & Doug Gratias 7/10/2009 (NNN) NNN-NNNN Hazel St. Built in 1999 by Doug & Val Gratias 1 | P a g e It started simply enough: we were homebuilders in Io… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
About 8 months ago, I bought a condo unit in Chicago, IL and
About 8 months ago, I bought a condo unit in Chicago, IL and found out that there is no active condo board as the previous board was disbanded in September of 2008. I called a meeting to form a board … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
63,582 satisfied customers
Recently our association President formed a Salary Committee
Recently our association President formed a Salary Committee to meet and review the status of our salary schedule. The committee was a closed meeting, not posted and consisted of our President, Treasu… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am a director (on of 7) with a Florida HOA. The new board
I am a director (on of 7) with a Florida HOA. The new board (I am a carry over) has been working behind the scenes to change managment and much of our association since taking power in March. At a mee… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
63,582 satisfied customers
I have been managing a small motel/apartment complex in Nevada
I have been managing a small motel/apartment complex in Nevada City, CA for around 12 years with no compensation other than free rent. I suspect now that the owners are planning on letting me go. I wa… read more
VF LAW
VF LAW
J.D.
112 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x