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Dispute Resolution
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HOA Dispute Resolution
Subtopics: Lawsuits, Alternative Dispute Resolution, Mediation, Arbitration, Preventing Disputes Back to main Topics page
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HOA Elections: What To Do in a Tie Vote May 24, 2013
In this week's tip, we untangle how to proceed when an election ends up in a tie."We have a very specific election process for condominium and cooperative associations in Florida," says Lisa A. Magill, a shareholder and association attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla. "We also have a governmental agency (the Division of Florida Condominiums, Timeshares and Mobile Homes) that has the authority to govern over election disputes for condos, co-ops, and HOAs." . . .
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What Happens If Your HOA Election Ends In a Tie? May 2013
An HOAleader.com reader asks, "At our annual meeting we had a tie. We were voting for three directors to fill the board vacancies, and two candidates received the most votes, but there was a tie between two candidates for the third seat. How is that settled?" Here we discuss the general issue of how to handle a tie vote. We also address who has the authority to invalidate a ballot. . . .
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When Your HOA Has Employees, Get the Right Insurance May 2013
An HOAleader.com reader asks, "Our association employs several staff. Is it common practice to purchase liability insurance to specifically defend board members and protect association assets from and against the claims of employees, since general liability and directors and officers coverage excludes this?" Here's the skinny. . . .
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Should This HOA President Resign? May 2013
In response to a reader's question, we ask our experts if they can imagine a circumstance in which a board member who withdrew HOA funds for personal use shouldn't resign, even if the funds were paid back. Also, under what circumstances would the HOA have its lawyer defend the president in a recall petition? . . .
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Was This a Secret HOA Meeting? You Be the Judge April 26, 2013
In this week's tip, we discuss the fallout from what may have been a secret board meeting. Here's what happened. AnHOAleader.com reader says a handful of board members met to discuss how they'd handle a sensitive issue at the next meeting--but they didn't tell anybody else they were meeting. When the others found out, they balked. It's not completely clear to all of our experts whether this board absolutely, positively did anything wrong. But it may have. . . .
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Yes, Virginia, That May Have Been a Secret HOA Board Meeting April 2013
An HOAleader.com reader asks, "It became evident that our nine-member board was making some costly and unwise decisions. At our recent annual meeting, we were able to fill the majority of positions with some people who possess good, solid business and management backgrounds so that those remaining from the old board are in the minority. The subsequently elected officers included only one previous board member who was never part of the problem. . . .
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Illinois Court Rules Owner Can Shirk HOA Assessments April 2013
Last month, we discussed the wisdom of an Illinois Supreme Court case,Poris v. Lake Holiday Property Owners Association, allowing HOA security officials to stop and write tickets to speeding home owners. (See last month's article.) In what we hope doesn't become a regular series, we'll now discuss another controversial Illinois court case. . . .
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Watch Your Lip: When a Board Member's Mouth Gets in the Way March 2013
A board member in an Arizona HOA resigned after proposing the association shoot a fellow owner for feeding feral cats, according to AZfamily.com. It's an extreme example, but here our experts discuss the types of comments board members should be wary of making even when they think they're engaged in private conversations. . . .
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Understanding HOA Insurance: What's Subrogation? March 2013
An HOAleader.com reader asks, "I was about to sign a contract with a new security vendor when I discovered in the fine print that we would be waiving subrogation against the security vendor in the event of an insured loss. The association would be required to obtain an insurance certificate naming the security vendor as an additional insured party on our policy. . . .
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Four Ways to Break an HOA Board Tie
An HOAleader.com reader asks, "We had a five-position board. One member has just resigned. We now have four and want to appoint a new board member. The decision as to whom to appoint is a two-to-two vote. How do we break the tie?" . . .
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HOA Board Member Behaving Badly? Know How and When to Discipline February 2013
You may be surprised to learn that you and your fellow volunteers can be disciplined for your behavior as members of the board of directors of your homeowners association or condominium association. Here we explain when it's appropriate for boards to consider disciplining their fellow board members, along with the possible range of action they can take. . . .
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Quail Ridge Owners' Association
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Whispering Pines West HOA
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