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Q & A

Q&A: Barking Dog – Please Help!

Q: Our community has a resident who leaves their unattended, large service dog on the balcony. The dog barks once or twice every time it sees anyone walk by. This goes on all day and evening. The tenant is a renter and efforts to have...

Q&A: Board Member Confidentiality Agreements

Q: Can board members adopt a policy requiring all members of the Board to execute a confidentiality agreement? A: While there is no New Jersey case law directly on point, the likely answer is that with respect to material that is confidential, the governing board of...

Q&A: Access to Financial Documents

Q: How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members? A: It is not readily apparent from the question whether the reader is asking on behalf of a condominium association, or a...

Q&A: Enforcement of Violations

Q. One resident constantly complains about another resident who is in violation of a HOA rule. As a board we are aware of the violation but allow the situation because of the personal situation involved. We have communicated to the complaining resident we do not...

Q&A: Mandatory Evacuation During a Hurricane?

Q.  Can we order our residents to evacuate our association in cases of things like hurricanes? Does a state emergency order play a role? If the state orders a mandatory evacuation can we fine residents who remain? A.  Generally, if the State or local authorities have...

Q&A: Scheduling of Annual Meetings

Q. We're not prepared for our annual meeting which is in August. We'd like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one? A. While we would normally not advise...

Q&A: Unsightly Neighboring Property

Q. We want to clean up the property next door to our association. The association does not own the property. It's less money to just have it cleaned up compared to getting the current owner to clean it up. We would have permission from the...