Homeowner associations should keep good historical records, because to know where one is going it’s necessary to know where one has been. Some of those crucial records are the minutes kept at Board, Special, Committee and Annual Meetings. Minutes document decisions made during a meeting and provide a public record of actions taken. Read the […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to […]
Arizona: The Ultimate HOA Records Retention Guide: What You Need to Know
HOA records retention is not just a procedural formality; it’s essential for effective association management. It’s the cornerstone for continuity, aiding decision-making, and assists in navigating legal processes. Every HOA board member knows the importance of maintaining organized and accessible documents—from board minutes to financial records. What’s more, categorizing these essential records, such as tax […]
When Law Enforcement Wants the Association’s Records (FL)
An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed: Read the article…………………………….
Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations (FL)
Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Read the article…………………………….
Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024
Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (“CTA”) and its regulations, unless a community association fits within one of the narrow exemptions to the Act.
Association Wants to Go ‘Paperless (FL)
Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? Read the Q&A………………………………
Corporate Transparency Act – Action Required in 2024-2025 (FL)
We are writing to inform you that the Corporate Transparency Act (“CTA”) will become effective on January 1, 2024, for all new entities (as defined below) filed on or after the beginning of next year and will become effective on January 1, 2025, for all currently existing entities, (with entities being defined as any entity […]
How Long Do I Have to Keep Association Records? (CO)
Did you know that both CCIOA and the Colorado Revised Nonprofit Corporation Act, provide retention timeframes for certain records? For example, did you know that the Nonprofit Act requires associations to keep the following records permanently: Read the article……………………………..
Client Alert – Corporate Transparency Act
Millions of entities across the United States must get ready to comply with the Corporate Transparency Act (CTA), a new federal law that goes into effect on January 1, 2024. Subject to a few limited exceptions, the CTA requires all new and currently existing entities to file reports with the federal government, identifying information about […]
Meeting Minutes and the Role of the Secretary
The role of a secretary in a condo association is an important one, as they play a key part in the administrative and record-keeping aspects of the organization. In this article, we are going to focus on Meeting Minutes. Taking minutes at a condo board meeting is an important responsibility that helps document decisions and […]
Boca condo board loses federal records suit, sanctioned for ‘frivolous’ claims (FL)
The Boca View Condominium Association has lost another court battle in its long-running fight to prevent a unit owner from exercising her right to inspect its financial records. On Tuesday, a federal judge in West Palm Beach dismissed a federal lawsuit challenging the constitutionality of a 2010 Florida law that prohibits condo and homeowner associations […]
Responding to a Records Request (AZ)
Pursuant to Arizona law (Planned Communities Act A.R.S. Section 33-1805 and Condominium Act A.R.S. Section 33-1258), community associations are required to make all financial and other records of the association reasonably available for examination by a member or a member’s designated representative. Records requests are frequently made in connection with a dispute with an owner, […]
What to Know About the New Corporate Transparency Act (IL)
As we enter the autumn season and approach 2024, condominium associations across the United States are readying themselves for significant change in legislation that is likely to enhance corporate transparency and combat illegal activities, such as money laundering and various other illicit activities. This comprehensive law, the Corporate Transparency Act, or the “CTA” Read the […]
What Is the “Corporate Transparency Act” and Why It Matters to Your Association and Directors
For the past year, community association attorneys have been discussing the impact of the CTA (Corporate Transparency Act). Much of the discussion has been on whether the Act does or does not apply to homeowner and condominium associations. As the effective date of the law is January 1, 2024 (with first reports being due no […]
Why Your Board Should List All Damages Following a Hurricane
In the aftermath of a hurricane, community associations face numerous challenges, including assessing and documenting the damages caused by the storm. While the immediate focus is often on cleanup and recovery, it is crucial for association boards to prioritize the comprehensive listing of all damages incurred. This blog post aims to highlight the importance of […]
HOA Q&A: Are a condo association’s ledgers private in regard to assessment delinquency? (FL)
Q: I live in a condominium association. One of the owners has requested to see the ledgers for two homes that we believe are delinquent in the payment of assessments. However, our Board has cited privacy concerns and has refused to provide access to the ledgers. Is the Board’s position correct? Read the Q&A……………………………….
Approving and Signing Association Contracts (OH)
Associations act through their boards of directors. This means that, for an association to take any action, the board of directors must collectively vote to approve that action. As it relates to contracts, boards of directors should vote to approve contracts and document all votes approving contracts in the association’s minutes. The minutes should read […]
Court awards condo owner $232,170 after lawyer denied records by Boca Raton community board (FL)
The Boca View Condominium Association refused to allow an owner’s lawyer to inspect association records and now it’s paying a hefty price — owners’ legal fees totaling $232,170. Read the article………………………..
“Don’t Panic” — The HOA’s Guide to the Galaxy…of Records Inspection (CO)
Responding to record requests can sometimes be a daunting task. With CCIOA’s detailed list of “records of the association” that Colorado common interest communities are required permit requesting owners to inspect, combined with requesting owners’ increasing tendency to submit broad records requests, here are a few tips to help you get through this process as […]
Sharing Community Financials
As a community association board member or manager, you are ultimately responsible for managing the finances of a business – your community. The association members are all stakeholders in that business, so sharing financial information with them is essential to building and maintaining trust and credibility. Read the article………………………..
Privacy and Privileged Documents in Washington State Homeowners’ Associations and Condominium Associations
Members of Washington’s homeowners’ associations and condominium associations have the right to access and review the records maintained by their association. However, there are certain limitations on this right, and it is important to keep that in mind when making any requests to your association for access to these records. First let us discuss the […]
Minutes Must Be Kept Permanently (FL)
Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? Read the Q&A……………………………….
HOAs Inadvertently Caught in Federal Crossfire: Ten Things You Need to Know About Community Associations and the Corporate Transparency Act
It’s easy to forget that community associations are corporations—and yet, today most community associations are incorporated. Community associations are subject to their state’s corporate statutes; but soon, they will be subject to the federal Corporate Transparency Act (“CTA”) too. Read the article………………………..
Records Retention & Records Retention Policies
Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response. “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice […]
Condo owner seeks $500-a-day fines to compel Boca View board to turn over financial records (FL)
After two separate orders from two separate judges, the Boca View Condominium Association’s governing board still has not allowed a condo owner’s personal representative to inspect financial records as requested nearly four years ago. Read the article………………………..
HOA Q&A: Does Florida law dictate records availability from homeowner associations?
Q: I recently submitted a request for records to my condo association asking for copies of the minutes of all board meetings for the past 5 years. It took them over 3 weeks to respond and when they did, they said that they only have the minutes from the meetings from this past year. Read […]
HOA Q&A: Are associations required to provide access to official records? (FL)
Q: My condominium association held a member meeting to vote on a project that would materially alter the common elements. The project is very controversial. At the meeting it was announced that the material alteration was approved by the proper percentage of owners. Read the Q&A……………………………….
Understanding Owners’ Rights to Access Association Records (CO)
It is an issue that every community association faces homeowner requests for association documents. But what are homeowners entitled to, and what documents, if any, can an association withhold? Read the article………………………..
Requesting condo/HOA documents
Residential communities have a legal obligation to retain records pertaining to condo/HOA business. That includes things like governing documents, maintenance records, insurance records, architectural plans and annual budgets. When you stop to think about how much information a community accumulates in a single year, you quickly realize why it’s better to have a digital archive […]
Understanding Owners’ Rights to Access Association Records (CO)
It is an issue that every community association faces homeowner requests for association documents. But what are homeowners entitled to, and what documents, if any, can an association withhold? Read the article………………………..
Boca View condo association appeals order requiring financial record inspection (FL)
More than three months after a judge ordered the Boca View Condominium Association to let a unit owner or her representative inspect the property’s financial records, the condo board still hasn’t opened its books and instead is challenging the ruling. Read the article………………………..
Denial of contract inspection difficult to defend (MI)
Q: I am one of the directors in our condominium association. One of our residents has requested a copy of the contract with our landscaping provider. We realize that contract negotiations are held in closed executive session, but does the resulting executed contract remain confidential and not available to our residents as some of our […]
Best Practices for Board Meeting Minutes (NC)
A question came up during a recent online discussion about “best practices” for board meeting minutes. The answer to questions of what should (or should not) be included in minutes is more complicated than it seems. Read the article………………………..
Breach of Personal Information in Community Associations – Updated (PA)
Time flies. Since about 2010 I have been counseling community associations on risks involving potential breaches of personal information and the fact that Pennsylvania has a specific statute related to such breaches Read the article………………………..
How to Handle Records Requests by Owners (AZ)
When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date […]
Resident Challenges Buttonwood Beach Association’s Right to Withhold Records (RI)
A prominent resident and shoreline activist is charging the Buttonwoods Beach Association with violating the state’s open records law over documents related to a traffic stop in 2019. Read the article………………………..
Boca condo board loses bid to withhold financial records from ‘troublemakers’ (FL)
Condominium owners don’t have to tell governing boards why they want to examine their associations’ financial records. And owners, not boards, are allowed to decide whether the examinations can be conducted by themselves or their authorized representatives. Read the article………………………..
HOA Homefront — Year-end planning: Is your HOA issuing both annual disclosure packets (CA)
One of the many improvements made by the Legislature in 2012 to the Davis-Stirling Act was to group a variety of required disclosures into two very important disclosure packets — the Annual Budget Report of Civil Code Section 5300 and the Annual Policy Statement of Civil Code Section 5310. These important disclosures are still often […]
Condominium and Cooperative – Required Building Reporting (FL)
Fla. Stat. §718.501(3)(a) and Fla. Stat. §719.501(3)(a) require all condominium and cooperative associations existing on or before July 1, 2022, to provide the following information Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes (“DBPR”): Read the article………………………..
HOA obligated to allow records to be inspected despite financial strain (FL)
Q: If an HOA attorney tells a homeowner that a records request is placing a “financial strain” on the HOA, is there an avenue for financial redress by the HOA against a homeowner for the “financial strain” of having to disclose association records? Read the Q&A……………………………….
HOA Accounting Reports You Should Know That Are Not Financial Reports
Many homeowners associations focus on the operational side of community management. But, the financial aspect is just as important. And one of the ways to evaluate the financial health of the association is through HOA accounting reports. Read the article………………………..
Should Meeting Minutes Include Names of Members in Attendance?
A question came up during a recent online discussion about whether the names of members attending a board meeting should be listed in the minutes, and perhaps even show what time the member arrived. Read the article………………………..
Effective Association Record Keeping Begins with Concise, Complete Meeting Minutes (FL)
Community association board meetings are where the rubber meets the road for practically all association administrative matters. The agendas for these meetings and the minutes that ensue form a vital record of all the matters that have come before the directors of an association over the course of the entire lifespan of a community. Read […]
TIPS ON HOW TO TAKE GOOD BOARD MEETING MINUTES
The Board of Directors is the governing body that is responsible for the administration of your community association. Board meetings are a time for board members to come together to learn, exchange ideas, debate options, and ultimately determine the path forward for the association. During these meetings, someone is tasked with taking minutes which are […]
HOA purchasing policies
Members of HOAs and condo communities pay fees that are used to maintain the development. A lot of that money goes towards purchasing materials and services. Read the entire article……………………………….
What Are HOA Documents and How Can You Properly Organize Them?
Keeping track of crucial documents can be a nightmare since they can easily get lost or damaged in paper form. HOA documents are no exception. Associations should make every effort to provide the governing documents to new home buyers in an easy-to-use, digital format. Read the entire article……………………………….
Fixing the dissolution of condo association (MI)
Q: Our condominium association board recently found out that its corporation has been “dissolved.” What does that mean, and how can we fix it? Read the Q&A……………………………….
What Templates Can Every Arizona HOA Utilize To Be More Effective?
Being a board member of an Arizona HOA involves lots of work. Plus it’s an unpaid volunteer position! Effectiveness is proactively addressing issues before they become problems and finding simple and methodical procedures that use existing assets and valuable templates to get the job done right. There is always plenty of work for the Association […]
Right to see HOA records process questioned (FL)
Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect. Read […]