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Subject: Who exactly can attend a HOA meeting???
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CelesteS3


Posts:6


09/07/2019 3:24 PM  
"Bob" is the property manager of an individual unit in our community. The unit is currently delinquent. The owners will not speak to us. "Bob" has spoken to us a few times, mostly to tell us that they wouldn't be paying dues because "Bob" doesn't agree with some of our Resolutions. "Bob" also seems to be upset that we did not hire his PM company for the Association.

Yes, we are working on a lien for the unit. We submitted everything to our attorney 7-8 months ago when the unit stopped paying. We've had a great relationship with this attorney and he was also caught up on all the details. We are now switching attorneys because it seems ours is so backed up he can no longer service a smaller condo community. Anyway, no, there is no lien on this unit yet, but we're moving forward.

Now "Bob" emailed us to "volunteer" to set up a homeowners meeting so he could express the concerns he's seen around the community. That's not going to happen, but he will insert himself when we do have our annual meeting later this year. We fully anticipate he will get the unit owners to set him as their proxy, and use his attendance as a sales pitch for his management company.

I'm not expecting legal advice, just some general info to tide us over until we can find a new attorney.


1. In most states, can a delinquent homeowner vote?
2. In most states, can a delinquent homeowner attend a meeting?
3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting?
4. Is there any limitation to how many proxies an owner can set? Can one owner send 2 people as proxies?
5. Can we disclose to the rest of the Association when a unit is delinquent?
6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is?
7. Can we add a Resolution that prevents non-homeowners from attending a meeting?
8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting.
CelesteS3


Posts:6


09/07/2019 3:35 PM  
Location is Utah.
PaulJ6
(New York)

Posts:259


09/07/2019 3:42 PM  
Posted By CelesteS3 on 09/07/2019 3:24 PM
Now "Bob" emailed us to "volunteer" to set up a homeowners meeting so he could express the concerns he's seen around the community. That's not going to happen

[IF HE GETS ENOUGH SUPPORT, HE CAN CALL A HOMEOWNERS' MEETING. CHECK YOUR GOVERNING DOCUMENTS; A CERTAIN PERCENTAGE OF OWNERS MAY BE ABLE TO CALL ONE.]


1. In most states, can a delinquent homeowner vote?
2. In most states, can a delinquent homeowner attend a meeting? [YES]
3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting? [UNLESS YOUR GOVERNING DOCUMENTS PROHIBIT CERTAIN PEOPLE FROM ATTENDING, THEY CAN TRY TO.]
4. Is there any limitation to how many proxies an owner can set? Can one owner send 2 people as proxies? [ONE PERSON IS USUALLY NAMED AS PROXY.]
5. Can we disclose to the rest of the Association when a unit is delinquent? [MAYBE, BUT THAT COULD BE A VIOLATION OF STATE AND FEDERAL DEBT COLLECTION LAWS, SUCH AS THE FAIR DEBT COLLECTION PRACTICES ACT. NOT A GOOD IDEA TO DISCLOSE THAT.
6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is? [GENERALLY YOU CAN'T.]
7. Can we add a Resolution that prevents non-homeowners from attending a meeting? [YOU'D HAVE TO AMEND YOUR GOVERNING DOCUMENTS, WHICH USUALLY REQUIRES BOARD APPROVAL AND APPROVAL OF A MINIMUM PERCENTAGE OF OWNERS.]
8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting.


[SAME ANSWER AS #7]
CelesteS3


Posts:6


09/07/2019 4:04 PM  
Posted By PaulJ6 on 09/07/2019 3:42 PM
Posted By CelesteS3 on 09/07/2019 3:24 PM
Now "Bob" emailed us to "volunteer" to set up a homeowners meeting so he could express the concerns he's seen around the community. That's not going to happen

[IF HE GETS ENOUGH SUPPORT, HE CAN CALL A HOMEOWNERS' MEETING. CHECK YOUR GOVERNING DOCUMENTS; A CERTAIN PERCENTAGE OF OWNERS MAY BE ABLE TO CALL ONE.]


1. In most states, can a delinquent homeowner vote?
2. In most states, can a delinquent homeowner attend a meeting? [YES]
3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting? [UNLESS YOUR GOVERNING DOCUMENTS PROHIBIT CERTAIN PEOPLE FROM ATTENDING, THEY CAN TRY TO.]
4. Is there any limitation to how many proxies an owner can set? Can one owner send 2 people as proxies? [ONE PERSON IS USUALLY NAMED AS PROXY.]
5. Can we disclose to the rest of the Association when a unit is delinquent? [MAYBE, BUT THAT COULD BE A VIOLATION OF STATE AND FEDERAL DEBT COLLECTION LAWS, SUCH AS THE FAIR DEBT COLLECTION PRACTICES ACT. NOT A GOOD IDEA TO DISCLOSE THAT.
6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is? [GENERALLY YOU CAN'T.]
7. Can we add a Resolution that prevents non-homeowners from attending a meeting? [YOU'D HAVE TO AMEND YOUR GOVERNING DOCUMENTS, WHICH USUALLY REQUIRES BOARD APPROVAL AND APPROVAL OF A MINIMUM PERCENTAGE OF OWNERS.]
8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting.


[SAME ANSWER AS #7]




When I say "Resolution," I mean a Board Resolution, which in our case does not require a homeowner vote. Some call them Rules and Regulations. Our Bylaws has a provision that the Board can layer on Rules and Regulations.
PaulJ6
(New York)

Posts:259


09/07/2019 4:14 PM  
Posted By CelesteS3 on 09/07/2019 4:04 PM
When I say "Resolution," I mean a Board Resolution, which in our case does not require a homeowner vote. Some call them Rules and Regulations. Our Bylaws has a provision that the Board can layer on Rules and Regulations.




Yes, but a board resolution, rule or regulation might not suffice if either state law or your governing documents allow for something that you don't want. Basically, a board resolution alone wouldn't necessarily override your governing documents, in case they have provisions about meetings, proxies, etc., and a board resolution alone wouldn't override state law. "Bob" might be able to challenge a board resolution.
RichardP13


Posts:0


09/07/2019 4:38 PM  
The property manager has NO STANDING in the HOA. He can not speak for the owner. A lawyer can, but not the property manager.
PaulJ6
(New York)

Posts:259


09/07/2019 4:49 PM  
Also, CelesteS3, since the dues are unpaid, be really careful, particularly in using third parties such as counsel or a property manager, when dealing with the owner.

The owner might be able to trip you up due to the Fair Debt Collection Practices Act and state debt collection laws. Property managers and even HOA lawyers often aren't up to speed on those legal obligations, and the owner can really go after the HOA, the property manager and the lawyer due to mistakes relating to those debt collection laws, even if the HOA isn't bound by them and didn't make the mistakes. So watch out- you might end up in hot water if you aren't careful, and if the owner knows about those debt collection laws.
RichardP13


Posts:0


09/07/2019 5:02 PM  
Posted By PaulJ6 on 09/07/2019 4:49 PM
be really careful, particularly in using third parties such as counsel or a property manager, when dealing with the owner.


Who do you suggest, Mickey Mouse?
PaulJ6
(New York)

Posts:259


09/07/2019 5:07 PM  
Posted By RichardP13 on 09/07/2019 5:02 PM
Posted By PaulJ6 on 09/07/2019 4:49 PM
be really careful, particularly in using third parties such as counsel or a property manager, when dealing with the owner.


Who do you suggest, Mickey Mouse?




Richard, aren't we friends? I'm not willing to engage in discussions if I'm going to be insulted/attacked. Please let me know.
KerryL1
(California)

Posts:6606


09/07/2019 5:17 PM  
Sounds like you’re on the Board, right Celeste?

1. This is governed by your own documents, probably your bylaws. In our HOA, they may not vote if delinquent as of a certain date before the election
2. Yes, all owners may attend meeting

3. Most governing documents say that only Members, i.e., owners, may attend Members meetings or board meetings.

4. If the named proxy is not an owner, s/he may not physically attend so far as I know. Others here know proxies better than I.

5. It’s a bad idea though not against the law in CA. You could disclose it and be mistaken or find that they got up to date that very day. Some HOAs do publish a list of shame or some such. I don’t think Paul’s on the right track here.

6. The LLC must designate who, what person, votes in HOA elections.

7. They probably already may not, see 4 and read your bylaws. If your bylaws and perhaps state corporations laws don’t keep non members out of Members meetings,, you’d have to change your bylaws. Some require only a board change but most require an Owners vote.

8. Again, so far as I know the proxy may not attend unless a member. See 4
PaulJ6
(New York)

Posts:259


09/07/2019 5:20 PM  
Posted By KerryL1 on 09/07/2019 5:17 PM
Sounds like you’re on the Board, right Celeste?

5. It’s a bad idea though not against the law in CA. You could disclose it and be mistaken or find that they got up to date that very day. Some HOAs do publish a list of shame or some such. I don’t think Paul’s on the right track here.




I am exactly right. Please see below. HOA lawyers and property managers are bound by the provision below, even for non-owner-occupied properties in many cases.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text§ 806. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section

3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title.
MelissaP1
(Alabama)

Posts:8497


09/07/2019 5:29 PM  
"Bob" is NOT an owner. So he can't attend the meetings. It's the owners that are the members. Them being behind just means not able to vote for who is on the board. Plus they may be considered in not in "good standing" that may take away some of the amenities or being a board member. Each HOA varies but most work this way.

I would tell "Bob" he is NOT a member of the HOA. He can NOT call a special meeting nor attend meetings. His customers will be receiving a lien on their property. If not paid within a year, that could turn into a foreclosure situation. I would also establish a proper lien/foreclosure timeline. We liened at 6 months and CONSIDERED foreclosure at 1 year. That way no could say we were "selective enforcement" of who was behind in dues to pay up.

You can protest all you want about this and that. Withholding dues isn't that method. You have MORE power being in "good" standing than you do in poor. So recommend anyone that has a beef with their HOA pay up their dues if they want their foot in the door to "fight" the HOA.

May want to let the rest of the people know that "XX" Lot is behind in dues. We NEVER revealed names of who was behind in dues. We ONLY discussed Lot #'s. However, we discussed the status of the Lot. For example: Lot XX has a lien on it. Lot X1 is 2 months from a lien etc... The members should know the HOA board is taking ACTION against those not paying it's irrelevant why they aren't paying.

Former HOA President
SheliaH
(Indiana)

Posts:2665


09/07/2019 6:25 PM  
Some of the answers to your questions should be in your documents, and as a board member, you should already know that- pull them out and read them, The only thing you should worry about is what they say, along with your state and local statutes because you don't live in "most states."

I agree with most of the other responses.
KerryL1
(California)

Posts:6606


09/07/2019 6:36 PM  
Good reply, Sheila.
RichardP13


Posts:0


09/07/2019 6:43 PM  
Posted By PaulJ6 on 09/07/2019 5:07 PM
Posted By RichardP13 on 09/07/2019 5:02 PM
Posted By PaulJ6 on 09/07/2019 4:49 PM
be really careful, particularly in using third parties such as counsel or a property manager, when dealing with the owner.


Who do you suggest, Mickey Mouse?




Richard, aren't we friends?


Short answer, no
KerryL1
(California)

Posts:6606


09/07/2019 6:44 PM  
I think self-confidence is a good thing, but it appears it's not warranted in this case. The below is from Davis-stirling.com, A CA HOA attorneys' website. They often cite more than just CA statutes & laws. This is from their discussion of Delinquent Owners:

"Fair Debt Collection Practices. The Fair Debt Collection Practices Act specifically excludes a creditor, i.e., the association, collecting their own debt in their own name. The association's officers and employees collecting debts on the association's behalf are also excluded. (CEB Debt Collection Practice in California citing 15 USC 1692a(6).) Since an HOA collecting its own debts is not a debt collector subject to the FDCPA, Section 805 (15 USC 1692c(b)) is not applicable to HOAs collecting their own debts. If an associations posts names of delinquent owners, they need to make sure it's on their own letterhead, not the management company's."

I agree that Richard's snarkiness is not helpful to anyone.
RichardP13


Posts:0


09/07/2019 6:53 PM  
I'll make a note of that!

Paul states that HOA attorneys and Property Managers aren't up to speed in regards to collection practices, but he doesn't say who would be. So I asked if Mickey Mouse would do? Fair question.

Sorry, much of what Paul offers doesn't really apply to HOA's and HOA rules are pretty much state specific, with some states more regulated than others.
PaulJ6
(New York)

Posts:259


09/07/2019 6:55 PM  
KerryL1, you are right in that the HOA itself isn’t bound by the FDCPA. But people acting for the HOA, such as its counsel and property managers, are bound by it. Further, some states have similar laws that are even stricter and bind HOAs themselves.

And even if the HOA legally publishes a list of debtors, the debtors have other legal protections in addition to debt collection laws, and they can sue the HOA for multiple grounds.

So I wouldn’t publish a list of HOA debtors. They can fight back and it’s just too tricky to be sure that anybpublication is compliant with all laws.
PaulJ6
(New York)

Posts:259


09/07/2019 6:57 PM  
Also, this is Utah. I don’t know about its debt collection laws but they might be even more pro-debtor than the FDCPA.

RichardP13


Posts:0


09/07/2019 7:01 PM  
Posted By PaulJ6 on 09/07/2019 6:55 PM
KerryL1, you are right in that the HOA itself isn’t bound by the FDCPA. But people acting for the HOA, such as its counsel and property managers, are bound by it. Further, some states have similar laws that are even stricter and bind HOAs themselves.

And even if the HOA legally publishes a list of debtors, the debtors have other legal protections in addition to debt collection laws, and they can sue the HOA for multiple grounds.

So I wouldn’t publish a list of HOA debtors. They can fight back and it’s just too tricky to be sure that anybpublication is compliant with all laws.



Think I am going to disagree with you, as it applies to my profession:

Management Companies. A Minnesota case, Alexander v. Omega Management, Inc. (D.Minn 1999, 67 F.Supp.2d 1052) held that a property management company hired by the owners' association to manage community did not operate a business with principal purpose of collection of debts, and thus was not a "debt collector" within meaning of the FDCPA and performed a number of services unrelated to collecting debts, with less than three percent of its total operations devoted to the collection of assessments and past due accounts.

In Harris v. Liberty Community Management, Inc., Case No. 11-14362 (decided December 19, 2012), the United States Court of Appeals for the Eleventh Circuit held that a property management company acting pursuant to a management contract with a homeowners association was not a “debt collector” subject to the FDCPA when it attempted to collect assessments on behalf of a homeowners association.
PaulJ6
(New York)

Posts:259


09/07/2019 7:04 PM  
RichardP13, there is more recent caselaw that states that property managers are bound. Those cases may not be precedential in California, but they’re out there. State law in some states also binds property managers.

Bottom line: not a good idea to publish a list of debtors.
RichardP13


Posts:0


09/07/2019 7:08 PM  
I guess I am going to have to get another lawyer besides the one that handles the davis-stirling.com site. Hell I thought for the most part they knew what they were doing. My bad.
PaulJ6
(New York)

Posts:259


09/07/2019 7:09 PM  
Actually, Richard, in response to your posts, let me eat my words:

Go ahead and publish lists of debtors. Do it online. Go for it. Be comfortable that it’s OK because you found a few 7+ year old cases and didn’t look at the specific state statutes. Please proceed. Thanks.
PaulJ6
(New York)

Posts:259


09/07/2019 7:11 PM  
And, as the OP states, Utah is where the relevant community is. Go ahead and post lists of debtors online there. Also try NY and numerous other states. Please do it. Use a California online site to justify all of that nationwide posting. Please do.
RichardP13


Posts:0


09/07/2019 7:13 PM  
Posted By PaulJ6 on 09/07/2019 7:09 PM
Actually, Richard, in response to your posts, let me eat my words:

Go ahead and publish lists of debtors. Do it online. Go for it. Be comfortable that it’s OK because you found a few 7+ year old cases and didn’t look at the specific state statutes. Please proceed. Thanks.



And where in the hell did I once say posting debtors online was ok. You're jumping all over the place. Stay on point!
MelissaP1
(Alabama)

Posts:8497


09/07/2019 7:17 PM  
PaulJ your dealing with an "Expert" don't you know? He knows all about being an MC and what it all means. We are all just clueless individual forced to listen to his ramblings of how great he is at his job... I could own a Management Company too if I wanted to. If that offers any "standards" of being an MC owner... LOL!

Former HOA President
PaulJ6
(New York)

Posts:259


09/07/2019 7:17 PM  
No, I think that people should listen to you. Property managers in CA aren’t subject to the FDCPA, due to a few Internet searches you did? Great: they can do whatever they want. People should listen to you more.
PaulJ6
(New York)

Posts:259


09/07/2019 7:19 PM  
Posted By MelissaP1 on 09/07/2019 7:17 PM
PaulJ your dealing with an "Expert" don't you know? He knows all about being an MC and what it all means. We are all just clueless individual forced to listen to his ramblings of how great he is at his job... I could own a Management Company too if I wanted to. If that offers any "standards" of being an MC owner... LOL!




Thanks.

I will say that you for one give good advice. My post above wasn’t aimed at you.
MelissaP1
(Alabama)

Posts:8497


09/07/2019 7:34 PM  
Thank you PaulJ. I am completely NOT perfect. It is FREE advice and based on experience mostly. However, have taken a few college courses in criminology and in business law. Plus a few Project Management and other valid courses valuable to running a HOA. (Even got college credit for my HOA Presidency). Friends with many Realtors and police officers that also help to bounce questions off of. Lawyers I respect like I would an Electrician or Plumber. They are a licensed individual which I must hire to practice law.

I don't bring my real life career into this forum. Let's just say that have been in Management positions. So I do have that view from the "top" just as I do from the "Bottom". I will tell you how the Top half thinks so you can pick yourself off the bottom. I'd like to see people get on even ground if they can.

Former HOA President
RichardP13


Posts:0


09/07/2019 8:08 PM  
Posted By PaulJ6 on 09/07/2019 7:17 PM
No, I think that people should listen to you. Property managers in CA aren’t subject to the FDCPA, due to a few Internet searches you did? Great: they can do whatever they want. People should listen to you more.



The posting rules suggest that this forum is for community association leaders, people who volunteer their time in an association, sit on a bOard or possibly work within the industry. While you have asked maybe one question about a association I assume you live in, but most of your posts are for legal advice on topics you admit you don't specialize in, HOA Law. I don't make it a habit to comment on every tom, dick or harry's post. I will pick the one's I have knowledge on, and/or have done the research to get the best opinion. If it is about the maintenance of a boiler on a twin tower in urban wherever, I'll pass, because I have never dealt with that.

I've been a volunteer in an HOA, a board member, a board president. I have been a property manager for 10 years, one even for a lawyer who claimed he knew HOA law (he doesn't). I started my own company, because the three I worked for brought the law in conducting their business. I don't conduct myself in that way. I have a contract with the Association. While I may have been hired by a board, if they choose to break, not bend the law, I will give them one warning, second time, it is time to find another client. I hold a real estate license, previously a mortgage license, a tax license, three certifications from CAI and attend annual HOA law seminars. While in the mortgage, I did underwriting reviews for homes within an HOA, so I kinda know what different investors are looking for in assessing risk in whether or not to provide a loan to a borrower. I also know what documents a borrower signs that ties them to a HOA what what remedies a HOA might be able to take in getting their assessment paid.

So I apologize to everyone for wasting my time in getting educated in my profession.

I'm out of here!
RichardP13


Posts:0


09/07/2019 8:28 PM  
Posted By PaulJ6 on 09/07/2019 7:17 PM
No, I think that people should listen to you. Property managers in CA aren’t subject to the FDCPA, due to a few Internet searches you did? Great: they can do whatever they want. People should listen to you more.



I operate out of California. The information I posted was from a HOA firm that specializes in HOA law and as a matter of fact, one of their partner is the co-author of the Davis-Stirling Act. I routinely do things that would put me or my clients at risk.

So, no, we aren't friends.
NpS
(Pennsylvania)

Posts:3655


09/08/2019 12:03 AM  
Getting back to the OP's concerns about Bob --

Bob's claim that a homeowner can withhold payment because services aren't satisfactory will fail in courts of every state in the US. It's also a stupid statement, especially for someone who would like to become the PM for the HOA. How is he going to gain the confidence of the owners? There's someone who doesn't like the landscaping - so under Bob's rule, they can withhold payment. Someone else doesn't like the pool hours - so I guess they can withhold payment too. How in heck is Bob going to manage anything if he doesn't even understand the basic rules of collection rights.

If Bob is a proxy, he can attend the annual meeting - But only to cast a vote for someone else. Not to speak.

If he does speak out, the Chair of the meeting can call him for being out of order. The Chair can refuse to recognize him. The Chair can have him removed. The Chair can challenge the stupidity of Bob's claim that you don't have to pay if you don't like the service.

There is no need to disclose the delinquency. Just disclose the stupidity of Bob's statement to the other attendees.

No need to address the conflict of interest. Just disclose that, based on Bob's ridiculous statement, he would be unfit as the HOA PM.

Can you speak out against Bob? Yes. Do you need to give him an opportunity to respond? No. Bob is only there to vote on behalf of someone else. Nothing more.

I think others have answered your other questions. So I'll leave it at that.

Sikubali jukumu. Read all posts at your own risk.
KerryL1
(California)

Posts:6606


09/08/2019 8:36 AM  
Thanks for the proxy reply, NpS. I just don't know about them as there's no need for them in our hOA even though our bylaws permit them.
JohnC46
(South Carolina)

Posts:8647


09/08/2019 8:59 AM  
Posted By NpS on 09/08/2019 12:03 AM
Getting back to the OP's concerns about Bob --

Bob's claim that a homeowner can withhold payment because services aren't satisfactory will fail in courts of every state in the US. It's also a stupid statement, especially for someone who would like to become the PM for the HOA. How is he going to gain the confidence of the owners? There's someone who doesn't like the landscaping - so under Bob's rule, they can withhold payment. Someone else doesn't like the pool hours - so I guess they can withhold payment too. How in heck is Bob going to manage anything if he doesn't even understand the basic rules of collection rights.

If Bob is a proxy, he can attend the annual meeting - But only to cast a vote for someone else. Not to speak.

If he does speak out, the Chair of the meeting can call him for being out of order. The Chair can refuse to recognize him. The Chair can have him removed. The Chair can challenge the stupidity of Bob's claim that you don't have to pay if you don't like the service.

There is no need to disclose the delinquency. Just disclose the stupidity of Bob's statement to the other attendees.

No need to address the conflict of interest. Just disclose that, based on Bob's ridiculous statement, he would be unfit as the HOA PM.

Can you speak out against Bob? Yes. Do you need to give him an opportunity to respond? No. Bob is only there to vote on behalf of someone else. Nothing more.

I think others have answered your other questions. So I'll leave it at that.




I agree. Bob can attend the meeting as a proxy holder and vote that proxy. He cannot speak nor vote.
JohnC46
(South Carolina)

Posts:8647


09/08/2019 9:07 AM  
My answers in CAPS:

1. In most states, can a delinquent homeowner vote? NO

2. In most states, can a delinquent homeowner attend a meeting? YES

3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting? NO

4. Is there any limitation to how many proxies an owner can set? NO

Can one owner send 2 people as proxies? NO

5. Can we disclose to the rest of the Association when a unit is delinquent? NO

6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is? THEY MUST NOTIFY THE HOA WHO IS THERE DESIGNATED VOTER

7. Can we add a Resolution that prevents non-homeowners from attending a meeting? NO NEED TO. YOUR DOCS WILL SAY OWNERS ONLY CAN ATTEND MEETINGS.

8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? NO

A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting. UNLESS AN OWNER THEY CANNOT ATTEND. A NON-OWNER HOLDING PROXIES CAN ATTEND THE MEETING TO VOTE THE PROXIES BUT THEY CANNOT SPEAK.
PaulJ6
(New York)

Posts:259


09/08/2019 10:50 AM  
Richard, please ignore this California lawyer who says that property managers may be subject to the FDCPA.

https://www.epsten.com/fair-debt-collection-practices-act-debt-not-yet-in-default/

Please let us know how it goes.
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