DRUG DEALING TENANT

QUESTION: We have a renter who continues selling drugs even though he has been incarcerated in the past for doing so. Several people have notified the property manager and we have called the police. Can the association demand that the homeowner evict this renter?

ANSWER: If he is dealing drugs on the property and/or represents a threat to the safety of residents, you can demand eviction. In addition, you can hold hearings and impose fines against the owner for any rules violations committed by the tenant. If the owner refuses to evict the tenant, your association can take legal action against the owner. Your board should consult with legal counsel on the best course of action.

VOTING ON AGENDA ITEMS

QUESTION: At a recent meeting it was emphatically mentioned that an agenda item cannot be voted on the first time it is brought up. Can you shed some light on this?

ANSWER: Agenda items can be voted on the first time they appear on the agenda, provided the agenda was published. If the matter is not on the agenda or is not reasonably related to an item on the agenda and is raised for the first time during the course of the board meeting, it cannot be voted on. It needs to be scheduled for a subsequent meeting unless it falls into one of the exceptions allowed by the Davis-Stirling Act.

MEET THE CANDIDATES

QUESTION: Is it mandatory to hold a "meet the candidates" meeting if only the present board members are running?

ANSWER: No, there is nothing in the law requiring a "Meet the Candidates" night. Nominees are not required to campaign for office. You may want to amend your documents to dispense with balloting in uncontested elections.

OVERSPENDING THE BUDGET

QUESTION: Our directors did not seek member approval nor advise the membership when they overspent the approved budget in one area of expense by nearly 1000%. Wouldn't they be required to seek membership consent for such a dramatic increase in actual pending?

ANSWER: Overspending requires membership approval only if the board imposes a nonemergency special assessment greater than 5% of the budget. Boards may be faced with unexpected increases in insurance premiums, utility rates, legal fees, etc. which leaves them no choice but to spend more than was budgeted. When that occurs, boards may impose an emergency special assessment, borrow from reserves, or raise the dues for next year--none of which require membership approval.

CREDIT BUREAU REPORTING

Liens ARE public records, however, liens do not automatically show up in a credit report. They have to be reported to the credit bureaus through an approved source. The only liens that  get automatically reported are State and Federal liens. These type of liens are reported by court runners that have authority to report to the credit bureaus. So basically the only people that can report to credit bureaus are companies that have been approved by the credit bureaus to do so; which means Associations have to go through a company that can report. -Beverlee Gordon A.S.A.P. Collection Services

CAT TRAPPED IN THE ROOF