We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]
Does Your Condominium Association or HOA Need to Update its Articles of Incorporation? (MI)
The vast majority of Michigan condominium and homeowners associations are formed as Michigan nonprofit corporations under the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of […]
What Board Members Need to Know About Arizona HOA Disclosure Requirements and Record Keeping
There are not many people that get excited about record keeping, but it must be a top priority for any Arizona HOA. Arizona law makes any association or planned community responsible for accurate record keeping and providing those records to any individual member upon request. Read the entire article……………………………….
Handling Document Requests from Members of Residential Associations (MI)
Residential association managers and directors should bear in mind that association members (co-owners or homeowners) will always have some rights to review Association records. These requests can sometimes seem burdensome, but, given the unique and complex relationship between an association and its members, and the fact that residential associations are funded by assessments paid by […]
HOA Name Change: When And How To Do It
Not a lot of homeowners associations go through an HOA name change. But, there are some reasons why an HOA’s members would want to replace its name. And, should that time come, the board must know how to do it. Read the entire article……………………………….
7 Ways To Avoid HOA Data Breach
Homeowners associations deal with all sorts of private information — from the names of members to their individual bank account numbers. Protecting such information is paramount to skirting potential liability. But, how exactly can an association prevent an HOA data breach? Read the entire article……………………………….
Condo questions: Can condo owners access a master list of residents? (FL)
Q: I own a unit in a large (100+ units) condominium. I understand that the association is required to maintain a current roster of residents, both owners and renters. Do I have a right to access that list? Read the Q&A………………………………….
Can the Board Reconsider an Approved Motion?
Asked – Can the Board reconsider a motion that was previously passed by a majority vote? One of the directors that voted in opposition to the motion would like the Board to reconsider. Read the entire article……………………………….
Cautionary Tales: Signed Proposals Are Contracts (OH)
One of the primary functions of community association boards is entering contracts for services to be provided to the association, whether it is for ordinary landscaping or significant repairs. Boards are commonly presented with proposals or estimates by contractors about their services. However, boards must be extremely careful in reviewing proposals and signing such documents, […]
HOA Open Records Request (AZ/TX)
Homeowners associations are obligated to keep a variety of detailed records for their homeowners to be able to access. Potential buyers and current HOA members may wonder what types of HOA records exist and what rights they have to view and review these documents. Read the entire article……………………………….
Association Responses to Requests for Information Regarding Condominium Structural Integrity (FL)
In the wake of the devastating collapse of the Champlain Towers South Condominium in Surfside, Florida, many current owners and potential purchasers of condominium units are, understandably, requesting information from associations regarding the structural soundness of the condominium property. Although associations generally do not, and are not required to, release their official records to potential […]
Owners in a gated community cannot access gate records (FL)
Under Senate Bill 630 approved by the 2021 Florida Legislature which became effective as of July 1/ 2021, a new type of homeowners’ association records was added to the list that are not available or accessible to members. Read the entire article……………………………….
How to Get Your Condo or Homeowners Financial Records (FL)
If you live in a condo or homeowners association, you may wonder: where is all your money going? Do you have a right to the records, and if so how do you get them? Which is why one South Florida woman called Help Me Howard with Patrick Fraser. Read the entire article……………………………….
Records Retention Policy – Generic (CA)
This document is meant to provide general guidance on the types of records listed below and does not purport to include all categories of Association records. We encourage community associations to work with their counsel to answer specific questions unique to the Association’s document storage and retention practices. Read the entire article……………………………….
Answers to common questions about HOA treasurer reports
HOA treasurers work to maintain the financial integrity of their association. Treasurers are largely responsible for managing the HOA’s money, as well as reporting the financial status of the association to other board members. Read the entire article……………………………….
A Registered Agent Does What? (CO)
It’s so easy to update the registered agent with the Secretary of State, and many associations do it on a dime. But are you aware of what the registered agent does? The registered agent is the individual or business responsible for accepting service of process for an entity, which means it accepts service of a […]
HOA Meeting Minutes: The Dos and Don’ts that Every Board Secretary Needs to Know
A Homeowner’s Association (HOA) Meeting Minutes is an official record of what the board members said and did at a particular board meeting. This essential document plays a crucial role in financial affairs and is legally binding- it can be used in a court of law. That means you need to ensure everything in this […]
You received a subpoena for deposition, now what? (FL)
A community association is required to keep and maintain certain records for the association. As a result, associations are faced with being ordered to turn over records in all types of lawsuits. What do you do if you are served with a subpoena will depend on the type of subpoena. Read the entire article……………………………….
HOAs/Condos: 4-1-1 on Records (AZ)
Under Arizona law, owners are able to inspect and have copies of a large portion of an association’s books and records. And, that is a good thing! Associations should be transparent and welcome owners to take a look at things more carefully. Read the entire article……………………………….
Should Board Member E-Mails be Maintained in the Official Records? (FL)
Both the Condominium Act and Homeowners Association Act delineate a list of documents or items that a community association must maintain as official records of the association. Both statutes also include a catchall provision (i.e., Fla. Stat. §720.303(4) and Fla. Stat. §718.111(12)(a)(15)) generally requiring retention of all records of the association not specifically included in […]
What Is A HOA Board Resolution And How To Create One?
An HOA board resolution is an essential tool used in managing any community association. As such, every board member should know what it is and how to make it Read the entire article……………………………….
HOA Annual Report: How To Make One For Homeowners
For a large chunk of homeowners associations, filing an annual report with the Secretary of State is nothing new. But, did you know that some HOAs must also prepare an annual report for homeowners? HOA laws can vary dramatically from one state to another, so not all associations need to do this. In Minnesota, for […]
How to Get Access to Condo Association Records? (FL)
Multiple viewers have reached out to NBC 6 Responds saying they are having a difficult time getting information from their condo association, HOA, or property management company. Peter Sachs, an attorney who specializes in condominium law, said residents should ask tough questions to their property managers and condo boards. Read the entire article……………………………….
Condo Smarts: Former council member legally obligated to return strata documents (BC)
Dear Tony: Our strata council is attempting to build a website for our council and owners and have hit a roadblock. We have a past council member who is refusing to release all the records of our strata corporation to the new council. She had been on council for the past 15 years, acted as […]
HOA Homefront: If it isn’t there, it didn’t happen (CA)
When a corporation acts, its minutes document and prove that it acted. If the minutes do not record that the board of directors by majority vote approved a decision, it did not happen. The corporate record is critical to document corporate decisions, and the minutes are a critically important part of the governing process. The […]
Can Homeowners Request HOA Financial Reports?
As a homeowner living in an HOA community, it is only natural for you to want to know that your association is doing well financially. To that end, you might want to request HOA financial reports. But, is that even possible? Read the entire article……………………………….
Creating a Maintenance Chart for Your Association
The driving goal behind homeowner associations is to benefit through sharing. Pools are expensive, but we all get a pool by sharing the cost. Keeping an expansive lawn is lavish for one purpose, but becomes a community park when shared and everyone benefits. Shared responsibility can cover the cost of regular maintenance and predictable repairs […]
Use of Association Mailing Lists (CA)
Does your community association have a Membership List Use Policy and Agreement for when it grants a request for the association’s member contact list? In order to limit unrestricted use of the list, it should. Read the entire article……………………………….
Community Association Records: What Members Are And Aren’t Entitled To See (NC)
As a community association board member, you’ve likely received requests from members to see various association documents. Though these requests can seem simple on the surface, there are laws and statutes in both North and South Carolina that dictate what types of records members can and cannot see. Read the entire article……………………………….
HOA Financial Statement Requirements
Among the many records that a homeowners association must keep, the financial statement is definitely an important one. Residents invest in the community through their fees and assessments, and they have the right to see how that money is being used by the HOA board. Transparency and accountability are vital to healthy relationships with the […]
HOA must respond to request to inspect records (FL)
Q: I live within a neighborhood governed by both a homeowner’s association and a master property owners association. A number of the owners are interested in seeing documents that will show us where our money is being spent on landscaping projects. At least one of us has requested this information from our HOA, on several […]
What Records Must the Association Keep? For How Long? (MN)
The snow has finally melted. Flower beds are exploding with color. The sunny days aren’t quite so rare. The next item on your to-do list is “Clean boxes out of garage.” You take a deep breath and open the first box: association records. The second box: association records. Third box…Ugh!! Do you really have to […]
Limiting Access to Records – It Ain’t Easy (FL)
lmost every association I ever represented complains about the community pest who won’t stop asking for access to records. Can the association stop it or at least limit it? Florida Statute 718.111 (12) states: The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure […]
Limiting Access to Records – It Ain’t Easy (FL)
Almost every association I ever represented complains about the community pest who won’t stop asking for access to records. Can the association stop it or at least limit it? Florida Statute 718.111 (12) states: The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure […]
Recordings of meetings may be considered inspectable records if kept by Association (FL)
Q: My HOA records its Zoom meetings (a notice is given to all before the meeting that the meeting is being recorded). However, when I asked the board to put the recordings onto our HOA web page so that all homeowners could access them, they refused. They also refused my ability to get access to […]
Are Videos Official Records? (FL)
Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager has […]
Condominium Owners Get Access to Association Records (FL)
Florida’s Condominium Act goes a long way to ensure transparency in governance and operation of a condominium association. The earliest version of the Act required associations maintain accounting records in accordance with good accounting practices. Associations were not only required to “balance the books,” but also to keep copies of invoices, receipts and similar documents. […]
Can owners review association books? (IL)
Q: An owner in our association made a request to review certain books and records of the association. The requested documents are not described in the Condominium Property Act. Can the association nonetheless provide copies to the owner? Read the Q&A………………………………….
HOA Meeting Minutes: Dos & Don’ts
An essential homeowners’ association (HOA) document, meeting minutes are an official, legally binding record of the actions taken by board members at a board meeting. Because they can be used in court and play a key role in financial business, preparing and maintaining minutes is a task that shouldn’t be taken lightly. To help your […]
Help! We Received a Records Request (AZ)
HOA and condo owners in Arizona have broad legal rights to inspect and copy their association’s books and records. In fact, there are very few association records an association can withhold from disclosure to its members. Read the article……………………………
Does a Virtual Membership Meeting Keep Minutes? (NC)
We’ve recently been asked if there should be minutes of a North Carolina association membership meeting held virtually pursuant to the Governor‘s temporary Executive Order. The short and best answer is “yes.” Why? Most all North Carolina homeowner and condominium associations are incorporated nonprofits. The NC Nonprofit Corporation Act provides that “minutes of all membership […]
Enforcing HOA Data Retention Policies
With all the changes going on in the world today surrounding consumers’ data privacy rights concerning personal data collected by businesses, you may hear a lot of advice about building a solid data retention policy. However, what HOA boards and members need to know are ways to enforce a data retention policy. Read the article……………………………….
Access to minutes, violation letters (FL)
Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand […]
When a HOAs Entity Status becomes Inactive by Automatic Termination (VA)
Under Virginia law, a nonstock corporation must submit annual filings to avoid having its corporate status automatically “terminated” by the State Corporation Commission pursuant to Va. Code § 13.1-914. When people see that a corporation’s status is deemed “inactive” as terminated by a regulatory agency, they wonder if it no longer “exists,” particularly in the […]
Facing The Future: 8 Ways 2020 Will Continue To Affect Community Associations In 2021
Remember this time last year, when the biggest problems facing community associations included short-term rentals, emotional support animals, and short-wave radio antennas? Those were the days! 2020 taught us that there are much bigger things to worry about in this world. Half of us got our own emotional support animal (or at least thought about […]
Maintaining Your Association’s Corporate Status: What’s the Big Deal? (CA)
The vast majority of community associations in California are incorporated. This means they have filed Articles of Incorporation with the Secretary of State (“SOS”) and function as corporations within the meaning of the California Corporations Code. It also means the association must take on-going action to maintain its corporate status. Read the article…………………………………….
HOA Homefront: Stop the fights over records requests (CA)
Over the many years I have been writing this column, the clear number one ranked dispute between homeowners and their associations is access to records and information. Read the article………………………………….These disputes are never productive, and generally avoidable. Here are some tips for HOAs regarding producing requested records and some tips for requesting homeowners.
HOA Homefront: Why can’t I get the meeting minutes? HOA documents, Part 2 (CA)
Q: I attended my first HOA meeting, and I noticed the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests and detailed financials. I queried if the report was available, and was told no, they are only provided […]
How To Deal With False HOA Mistakes
Like any organization, homeowners associations (HOAs) make mistakes. Even the best HOA can suffer from occasional mismanagement, human error, and other problems that negatively impact residents. Association managers can help their clients handle mistakes. When the association is at fault, managers can mediate the HOA dispute and resolve it. Read the article…………………………
HOA Financial Management in the New Normal
The direct and indirect impacts of the COVID-19 pandemic will be with us for a while. Careers have been interrupted, we’ve actually gotten used to working from home, and travel – business and vacation – has been severely limited. On the bright side, we’re spending more time with family and friends, getting to those home-improvement […]