- Community Associations, Board Member 101, Finances
- Wisconsin, Indiana, Illinois, Florida
In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.
Our association owns a unit but the board is considering selling it. Does the board need owner approval to sell association-owned property and what steps are required?
Association-owned units often exist for various reasons. They may have been originally designated for on-site management or administrative use, acquired through foreclosure, or otherwise transferred to the association over time.
Whether a board can sell an association-owned unit typically depends on how that space is classified under the governing documents. If, for example, the unit was created as a separate condominium unit with its own legal description, tax identification, and percentage of ownership, the sale typically requires ownership approval. Approval thresholds will likely be outlined in the declaration or applicable law.
If the unit is legally part of the common elements, the process is more complex. Selling a common element generally requires an amendment to the declaration to convert it into a separate unit. This may require a higher threshold or potentially unanimous owner approval along with additional legal steps (ex. assigning the unit a new PIN by the local county).
Because of these distinctions, boards should work closely with their association’s attorney to confirm the unit’s status, understand the required approval thresholds, and ensure the transaction is completed in compliance with the governing documents and applicable law.
Drivers frequently speed within our community. Is the board responsible for enforcing speed limits, and could the association be liable if someone is injured?
Speeding within a community is a common safety concern. The board’s responsibility to enforce speed limits depends on whether the roads are private or public and what authority is granted under the association’s governing documents. In many communities, boards have limited enforcement tools and cannot issue citations or tickets, which are typically reserved for local law enforcement.
To maintain speed limits and manage traffic, associations often rely on non-punitive measures such as signage or reminders to residents. In some cases, associations also utilize speed-monitoring cameras or enter into an agreement with local law enforcement to enforce traffic laws on private roads.
If the board does indeed have authority to address speeding, it must enforce any related rules consistently and without favoritism or selective treatment. Board decisions should be based on available evidence and properly documented to show a reasonable and uniform enforcement process. Taking this approach helps reduce owner disputes and can limit potential liability or litigation exposure.
Ultimately, boards should proactively review their governing documents, consult with legal counsel, and work with local authorities to understand their role and limitations. Taking reasonable, documented steps to address known safety concerns can help reduce risk and demonstrate that the board is acting in good faith to protect residents.
Legal Resource
Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article or law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed in the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2026 Kovitz Shifrin Nesbit, A Professional Corporation.
