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Frequently Asked Questions

The Complete List
Builder/Developer
What documents do I have to provide the condominium association when I transfer control to the owners?
What documents do I have to provide the property owner’s association when I transfer control to the owners?
Should I hire a community association management firm to help plan my community?
Who should develop the operating and reserve budget?
Should I appoint an owner member to the condominium board before required by the Commonwealth’s statute?
When is the best time to create committees for my community?
When should I create a newsletter for the community?
Should I initiate an engineering inspection before transition to owner control/acceptance of maintenance responsibilities?
How do I encourage the builder I’m working with to engage and communicate with owners very early in the transition process?
If I should use a management company, when should they begin in the management process?
 
Owners
My association has a rule that limits pets to one dog or one cat.  I have a dog and also a cat.  The cat never goes outside, so is this OK?
Can I put a ham radio antenna up outside my condo?
What is “Loss assessment coverage” and why do I need it?
My condominium has a master insurance policy and I have my homeowner’s policy.  How do I know if I’m fully covered?
So what do you mean by “Betterments and Improvements?
I keep reading about people losing their homes because the association foreclosed on them when they owed very little money.  Can they do this?
My neighbor’s teenager is constantly playing the TV and music so loud I can’t hear my own TV.  Shouldn’t the association make him stop?
If I have a complaint, and the board doesn’t respond to it, will the Commonwealth help me?

I’m planning on selling my unit in the condo.  What do I need to tell the association and what do I need from them?
I have a consulting business that I would like to operate from my home.  Is the association going to give me a problem?
Our condo is going to resurface the swimming pool. It's going to cost $39,000.00. I don't use the swimming pool and I don't think that I should have to pay for this. Why can't the Board charge only the owners that use the swimming pool?
My association's board of directors just made a decision on something that I thought should be put to a vote of all owners. The board told me that it was strictly a board decision. How does an owner determine what actions are permitted by the Board and what actions require the decision to be made by the whole membership?
Can I take a deduction on my Federal or State taxes, for my homeowner association’s assessments?
Can I withhold a part or all of my assessment payment because the association hasn't fixed a problem with my unit?
I think the Covenants, Conditions & Restrictions for our association are out of date and need fixing, but the board doesn’t seem to care.  Can I do anything?
I asked the board for a copy of the minutes of one of their meetings, but what I got was an edited version.  Can they do this?
I have owned and occupied my three bedroom condominium for the past seven years. About two years ago, my bedroom ceiling began to leak, occasionally, when we experienced a heavy rainfall. I reported the problem to the management office at the time, but they did not take any action. Because the leak was slight and occurred only intermittently, I didn’t press the problem. But recently, the problem has gotten considerably worse. When I asked again for some action to resolve the problem, I was told that because I am the only one affected by the leak (my unit is on the top floor), the association isn’t required to do anything about it. Basically, the management company told me, it’s my problem; if I want to fix it, I can pay for the repair. This seems unreasonable to me.
I own a two-bedroom, ground-floor, garden-style condominium. The owners of the upstairs unit have two daughters who practice the piano loudly, usually for at least two hours every day.  I’ve tried talking to the parents, but to no avail; the children continue to practice incessantly, and at all hours, including early in the morning on weekends, when I would like to sleep. The local police have been understanding and have issued several oral warnings, but they can’t issue a formal summons unless someone else joins the complaint, and I haven’t found another owner willing to do so.
If I'm buying the home in an association, but plan to rent it, what do I need to know?
My condominium unit recently suffered water damage because of a plumbing problem in the common area. The condo association’s master policy will cover my repair costs, but the association says it will pay only the first $250 of the policy’s deductible; I’m responsible for paying the difference. I think the association should cover all of my out-of-pocket expense. I don’t see anything in the condominium documents that gives the association the right to impose its chosen deductible on unit owners. Who’s right?
Mold and Moisture - What should I know?
What’s involved in remodeling or making major modifications to my unit?
Can I refuse to pay my assessments because the association has not fixed something I asked them to?
I can’t make the Annual Meeting.  Can I send an “open” or “directed” proxy?
I want to rent out my condominium. What should be some of my considerations?
I want to see a copy of the association’s financial report. What do I do?
I want to fly both the American Flag and my Virginia Tech “Hokies” flag on a flagpole outside my home.  Can I do this?
How do you go about building a retaining wall?
Can I own a home without homeowners insurance?
Can I Put a Satellite Dish or Antenna On My Home?
 
Boards
We’re a very small association. Do we have to have a certified audit every year?
What does “indemnification” mean?
We have a “No Pets” rule, but one resident recently brought in a dog claiming that she was going through a tough time and her doctor diagnosed her as “clinically depressed” and recommended a “companion” animal to help.  We think she’s just pulling our leg in order to have a pet.  We want to tell her to remove the dog.  What should we do first?
Every time a member asks us for a modification approval that is a little different, someone on the board pipes up:  “That would be setting a bad precedent.”  Is that true?
How many Board meetings should we have?
One of the board members has suggested that we do a PowerPoint presentation at the annual meeting. Isn’t that a bit too much?
What safeguards should we have regarding our management company handling our money? What about a fidelity bond?
Should we have web site?
Should we post the minutes of our board meeting on the web site?
One board member wants to publish the names of delinquent owners and rules violators in the newsletter. Will this cause us a problem?
What should be in a “disclosure packet” for our homeowner’s association?
A board member has proposed that for “serious” violations of the rules, we levy a $100 fine. Is this OK?
We have some very serious repairs to the common areas of our homeowner association that are urgently needed, but they exceeded our reserves so the board passed a special assessment. A group of owners got up a petition to re-consider the assessment at a special meeting and the special assessment was voted down. Is the board going to be liable for not making those repairs?
At our last board meeting, a director made a controversial motion and included that it be voted on by secret ballot. Is this allowed?
Why does everyone keep telling us to consult with our attorney before going ahead with something? Attorneys are expensive and our manager is pretty smart when it comes to what the association can and can't do.
Is a director responsible for the actions of other board members if the director is not at a meeting where the action was taken?
We have a really nasty owner who shows up at every board meeting just to belittle our efforts. Do we have to let her in, or listen to her?
What insurance should we look for from firms that are going to be doing maintenance work for us?
If I vote no on a motion that ultimately passes during a board meeting, should my “No” vote be noted in the minutes?
A member of our association does all of our irrigation work and gets paid for "odds & ends” jobs. This member is also on the Maintenance Committee which recommends what work needs to be done. Is this not a clear conflict?
What is a “mechanics lien”?
The board in my small (15-unit) condominium is debating what to do about the contract with our management company, which is about to expire. Some trustees want to renew, but others agree with me that we should take over the management ourselves and eliminate an expense that represents nearly 20 percent of our budget.
The condominium association to which I belong contains both townhouses and apartment-style condominium units. We are dealing with a problem related to the installation of satellite dishes on common property. The installations pose no problem in the townhouse units, because the equipment is placed in the rear, behind bushes or in the eaves, and is not visible from the street. However, with the apartment-style units, the only reasonable location is on the balcony, in a highly visible area. When a tenant renting one of the units installed a satellite dish, the condominium association notified the owner that the installation was unsightly and so was prohibited under the condominium regulations. However, the owner responded by sending the board a copy of Federal Communications Commission (FCC) [Link] regulations stating that if the balcony is accessible only to the unit, the board cannot prohibit the installation. Can this possibly be true?
Our condominium association insists on keeping the condo reserves in a savings account, which generates a ridiculously low return. The trustees say their fiduciary obligations prohibit them from taking any risks. But is there anything to prevent them from keeping the reserves in higher yielding, but not particularly risky investments, such as bank certificates of deposit, equities, or even mutual funds?
What Is Alternative Dispute Resolution?
How can we learn about disaster preparedness?
Is there information available on best practices for reserve funding and investment strategies?
We did a reserve study about 10 years ago.  Do we need to do another one?
How do we keep board meetings under 2 hours?
We’ve got a very angry owner who wants to video tape all of our meetings. Can we prohibit this?
What financial matters should be considered during transition from developer-control to owner-control? (Board, Financial, Developer)
Are employee bonuses taxable?
Are employee lodging expenses taxable?
What is a management letter?
What is "Unappropriated Members' Equity"?
When are an association's income tax returns due?
What is the difference between a Form 1120 and 1120H?
What's the difference between cancellation and non-renewal?
How Much Will My Insurance Cost?
Should I Purchase An Personal Umbrella Liability Policy?
Can we prohibit smoking in the common areas?
How do we select a management company?
How do we get a better working relationship with our management company?
How do we find an attorney, accountant, manager, engineer, etc.?
How do we know when it is time to bring in professional management?
 
Management
Do I need a license to be a condominium or homeowner association manager in Virginia?
Does a Board need a vote of the members to hire a management company?
Is there a source for comparing compensation in our industry?
How do I set up a web site for my company or associations?
How can I improve communications programs for my communities?
Should I provide accrual accounting to my communities?
Should my company conduct reserve studies or use an engineering professional?
Is electronic transfer of fees and assessments difficult to implement for owners in my communities?
Is there a way to capture electronically copies, postage, and other chargeable activities for my business?
How do I evaluate office equipment before purchasing?
Where can I find out about financial package software specifically designed for community associations?
Is there a source for standard form contracts for purchasing goods and services?
Where can I learn about contract preparation and bid specifications?
Where can I learn about Alternative Dispute Resolution?
How can I learn about best practices for grounds maintenance?
How do we help our clients create more involved, engaged, communicative communities?
Where can I find training and education for managers?
How can I keep managers from burning out?
Where can I find information about maintenance and preventative maintenance programs?
Is there information available on guidelines for accounting principles and practices?
Is there a source of information for specifications on things like elevator maintenance, paving, security, pest control, painting, etc.?
 
Cooperative
What do I need to know before buying a Cooperative?
Buyers/Sellers
What are some things homebuyers overlook?
I am thinking about selling my home and purchasing a condominium, but am uncertain about the advisability of that move. I am 62, in good health, and fully capable, both financially and physically, of maintaining my existing property. Can you give me your ideas on the pros and cons of condominium ownership?
What do I need to know about buying a condominium or home in a community association?

What is the significance of the re-sale document that is required at the time of sale of a condominium or home in a community association?

Why should I pay attention to the association's "reserves"?
Can my Realtor© put a “For Sale” sign on common property?
Do I need insurance if the association has a master policy?
Does the association have the "right of first refusal" in the buying or selling of a home?
Should I be concerned about "special" or "additional" assessments?
What do I need to know about buying an existing condominium or home in a community association?
What do I need to know about buying a new condominium or home in a new community association?
What should you do before you buy in a community association?
I’m thinking about renting in a community association. What should I know before I sign a lease?
What should I know about plastic wood used used in some decks?
Time Share
What do I need to know about buying a timeshare?
What do you need to know about listing your timeshare?
Fair Housing
What laws protect me from housing discrimination?
Who is protected by fair housing laws?
Are any people with disabilities NOT covered by fair housing laws?
Who must comply with the fair housing laws?
What if I need modifications in new construction?
What if a builder won't make newly built units accessible?
How do I challenge housing discrimination?
Professional Support
Why does it take so long to get a decision from a community association?

 

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