Problem: One member of our seven-member board has resigned, leaving us with only six members. The association’s documents require a seven-member board, but the next election, at which a new board member might be elected, is several months away and there don’t appear to be any owners willing to fill the vacant position. Read the […]
Can’t We All Just Get Along? When to Consider Implementing a Code of Conduct for a Board of Directors
The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and […]
How To Effectively Handle Conflict in Your Community
When people live in a community, there is bound to be occasional conflict. Homeowners associations (HOAs) and Condominium associations are no different. Conflicts may arise between homeowners or between the board and homeowners. No matter the reason for the conflict, how you handle it will greatly affect the atmosphere and overall well-being of your community. […]
HOA Homefront: Why members won’t volunteer (CA)
Filling open HOA board seats is a vexing and discouraging problem for some associations. There may be reasons why neighbors are not interested in serving. Could any of the below characteristics describe your association? Do directors spend many hours each week on HOA business, inspecting the property, observing vendors, and otherwise dealing with the HOA’s […]
Navigating the Decision-Making Process in Your HOA
In the dynamic landscape of homeowners associations (HOAs), decisions shape the trajectory of community life, from financial planning to rule enforcement and beyond. The process by which these decisions are made is intricate, influenced by governing documents, board dynamics, and the needs of the community at large. Let’s delve into how HOA decisions are crafted […]
Managing Delinquent Board Members: Strategies for HOA Leadership (CA)
In the complex world of managing a homeowners association, one of the most challenging issues that board members may face is dealing with delinquent board members. These individuals can disrupt the functioning of the HOA, cause financial strain, and create tension within the community. Addressing this issue requires a delicate balance of assertiveness, diplomacy, and […]
Director Disqualifications Are Limited (FL)
Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? […]
Condo Boards: Know Your Responsibilities to Avoid Liability (NY)
Condominiums have a contractual duty to maintain common elements. While the business judgment rule normally protects condo board members from personal liability if their choices seem unwise, it won’t shield the condo if the board breaches its contractual obligations to owners. Boards who neglect these responsibilities could open the condominium up to significant liability. Read […]
Director Elections—What Could Possibly Go Wrong?
Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with […]
HOA Codes of Conduct and Why They Are Unenforceable
Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents. There’s just one major flaw with Codes of Conduct — they are invalid and unenforceable. Read the article…………………………….
Board Member Code of Conduct (FL)
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that […]
What are a Board’s Fiduciary Obligations, Anyway? Understanding a Director’s Role and Duties
Fid-doo-she-air-ee. What the heck is a fiduciary, let alone a fiduciary duty? “Fiduciary” means trust. A fiduciary duty is the legal responsibility to act solely in the best interest of another party. A person with a fiduciary duty has a legal obligation to maintain that trust. For example, lawyers have a fiduciary duty to act […]
Top 5 HOA Collection Policy FAQs for Board Members (GA)
Many board members and homeowners have questions about their HOA collection policy and how their HOA enforces the policy. We’ve asked our experienced HOA collection attorney team to provide the top questions they hear from association board members to help you better manage your community: Read the article…………………………….
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Read the article…………………………….
New York Court Decision Highlights the Importance of Corporate Guidance for Board Member Protection (NY)
A recent New York Appellate Division decision (Cortlandt Street Recovery Corp. v. Bonderman) underscores the significance of retaining experienced corporate counsel to protect both corporations and their board members from potential liability. The court rejected the plaintiff’s attempt to hold various related entities collectively liable for the actions of one, highlighting the complex challenges in […]
Say What? Court Says Boards Can E-mail (CA)
The Court of Appeals for the Fourth Appellate District recently handed down a landmark decision impacting HOA governance. In LNSU #1 v. Alta Del Mar Coastal Collection Community Association, the court delves into the issue of e-mail communications between board members. For better or worse, the court essentially eviscerates the transparency component of the Open […]
Rules and Expectations of Managers and HOA Boards of Directors (CA)
If you have never owned a home that has a governing homeowners association (HOA), it can be difficult to sort out who does what. While collaboration among everyone involved is what helps to drive a community forward, it’s helpful to clarify responsibilities and align goals. Read the article…………………………….
The Vital Duties of Board Members in Florida’s Community Associations
Florida’s vibrant communities are not just defined by their picturesque landscapes; they are also shaped by the dedicated individuals who serve on the boards of community associations. Whether in homeowners’ associations (HOAs) or condominium associations, board members play a pivotal role in steering the community towards prosperity. Read the article…………………………….
How to Handle Absent Condominium and Homeowners Association Board Members
Each election season, condominium association members elect one or more directors to serve on the association’s Board of Directors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position. But, […]
How to Handle Absent Condominium and Homeowners Association Board Members (FL)
Each election season, condominium association members elect one or more directors to serve on the association’s Board of Directors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position. Read the […]
‘Heartbeat of this HOA:’ Ocoee woman helps make neighborhood a community (FL)
Here at News 6, we get a lot of emails about neighborhood homeowners associations. Most are complaints that go to our investigative or consumer units. But residents of one Ocoee neighborhood felt so strongly about someone on their board, they nominated her for the News 6 Getting Results award. Read the article…………………………….
Top 10 Tips for Effective Condominium Governance: A Board Member’s Guide to Success (AZ)
Steering a condominium board towards success demands more than just good intentions and hard work. It requires a blend of strategic foresight, legal savvy, and community spirit. In our latest guide, we share the key strategies for crafting a harmonious, well-managed condominium association. From mastering the nuances of legal compliance to nurturing a vibrant community […]
“A ‘CliffsNotes’ Guide for New Condominium Board Members” (FL)
The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director. Read the article…………………………….
Mum’s the Word When Disclosure Leads to Breach of Fiduciary Duty
It is common knowledge that a director has a fiduciary duty to his or her association and its members. To be a fiduciary means that the director has accepted the highest duty imposed by the law…….This duty also obligates the director to place the interests of the association and its members as a whole over […]
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Read the article…………………………….
Here Are the Top Reasons Why People Run for Co-op and Condo Boards (NY)
Serving on a co-op or condo board is nice work if you can get it. The pay is terrible (that is, nonexistent). The hours can be long. The level of satisfaction among shareholders or unit-owners can range from sky-high to the bottom of the basement. When things go wrong, it’s the board’s fault; when things […]
Boards & Boundaries: How ‘Available’ Should You Be?
In multifamily residential communities, where neighbors share common space, amenities, and maintenance—if not actual walls—establishing and maintaining boundaries can be a bit tricky. Read the article…………………………….
Roles and Responsibilities of Effective Board Members
Understanding the roles and responsibilities of effective condominium and HOA board members is critical. Community association directors should always be scrupulous and dedicated volunteers who wish to do their part for the effective administration and oversight of their enclave. Read the article…………………………….
How to Build a Great HOA Board
Ever wondered what it takes to cultivate a thriving and effective HOA? The key to any successful homeowner’s association is having a competent and dedicated board of directors. Read the article…………………………….
Term Limits to First Impact Longstanding Condo Directors in 2026 (FL)
The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Read the article…………………………….
The 2024 Board Planning Guide for Community Associations. A Best Practices Guide for Board Members and Community Managers.
Over the past 20 years, community associations have become an essential part of modern living. They provide homeowners a sense of community and help maintain an enjoyable quality of life for homeowners and residents. However, managing and operating a community association can be challenging, especially when it comes to planning for an entire fiscal year. […]
Business Judgment Rule: Lessons for Co-op and Condo Boards (NY)
The business judgment rule often serves as a perceived safety net for boards, shielding them from legal scrutiny. However, this rule is not an impenetrable shield and boards should be aware of the nuances. Simply put, the business judgment rule states that, with four exceptions, a court cannot overrule a co-op, condo or HOA board-issued […]
Ask the HOA Expert: Welcome to the HOA Board!
The annual homeowner association meeting convenes. The president announces that the floor is open for nominations. A fellow homeowner say to you, “You know, you would make a good board member.” Before you have a chance to reply, some body movement indicates that you are willing, ready and able to serve. Read the article……………………………..
The Role of an HOA Board: Responsibilities and Best Practices
Homeowners’ Associations (HOAs) are an integral part of many residential communities. They play a pivotal role in maintaining property values, ensuring the welfare of homeowners, and fostering a sense of community. At the heart of every HOA is its board of directors, a group of elected volunteers responsible for making critical decisions and overseeing various […]
Elevate Your Co-op Board Game (NY)
Ever found yourself navigating the tricky waters of a coop board with that one steadfast but hesitant volunteer? Picture this: a decision hangs in the balance, and despite the collective will of the board, this one individual assumes/ possesses the power to halt, delay, or even stop progress. Read the article…………………………….
HOA Homefront: Q&A on elections and board shenanigans (CA)
Boards should not be playing tactical games to preserve their power. It’s a volunteer position, and if the community would prefer different leadership, egos need to be set aside in favor of the HOA’s democratic process Read the Q&A………………………………
A Proposal To Overhaul Condominium Management (HI)
A mid-20th century vignette: A young man stands in tall grass, hands in his pockets, gazing wistfully at an empty diner. Though condominium living, emerging at around that period, is not exactly the cherished tradition that restaurant diner culture was back then, it will go the way of the abandoned diner cars, if the current […]
All About the HOA Board of Directors (Your HOA Governance Questions Answered!)
Your home is more than just a place to live, it’s an investment. In fact, Community Associations are centered around the idea of helping maintain and improve property values in order to protect the investment of every member, or homeowner, in the community. Just like any investment, careful management and strategic planning are essential for […]
What You Need to Know About Handling Conflicts of Interest on Your Michigan Condo Board
A condominium association is governed by its board of directors. In Michigan, it is common that members of a board of directors are uncompensated volunteers. It is also common that co-owners elect board members who have a particular set of skills or knowledge relevant to running a condominium, whether that be knowledge of accounting, construction, […]
Surviving the Holiday Season as a Board Member
The holiday season can be a stressful time for board members, but with the right approach, you can navigate it successfully! Managing a community during this busy period and handling the conflicts that often arise doesn’t have to be overwhelming. Here are some valuable tips to help you effectively manage your community and reduce stress […]
Are E-mail Discussions by HOA Directors Aloud? (CA)
Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding the directors having discussions in emails. It reads as follows . . . Seventeen years ago, the Open Meeting Act for HOA meetings went into effect. Everyone assumed that emails among a quorum of directors constituted a board meeting and was […]
Reader Questions: Who’s the Boss – Manager or Board? (CA)
Q: I am president of an HOA with management whose performance has been lackluster. Lackluster is characterized by little to no communications unless initiated by the board, not following through with board instructions, and inability to manage our violations process in a steady and predictable manner. Read the Q&A……………………………..
The Corporate Transparency Act: Your Questions, Answered (NC)
The Corporate Transparency Act was created to provide law enforcement with beneficial ownership information related to specific business entities to detect, prevent, and punish terrorism, money laundering, and other misconduct. Read the article…………………………….
How To Deal With The Rogue Board Member (MI)
The Board of Directors is charged with making the important decisions of the association. Whether it’s hiring a management company to deal with the day-to-day affairs of the association or making the tough decision to pass an additional assessment to cover the cost of an improvement, the actions of the Board affect every member of […]
HOA Q&A: What happens if there aren’t enough members willing to serve on the board? (FL)
Q: My condominium association does not have enough members willing to serve on the Board of Directors for our association. If there are not enough members to fill the Board positions, will our current Board members be required to stay on the Board, or will it get turned over to a receiver? In the event […]
Conflict of interest or business as usual? Resident questions HOA president’s multiple jobs (FL)
Question: Our homeowner’s association is situated within a property owner’s association. The POA governs several HOAs within a planned unit development. The president of our HOA is also the president of the POA. Read the Q&A…………………………………
The 1st Step in becoming an association board member? Education (FL)
Running a residential Owners Association in Florida is a business, not a social function. Condominium and Homeowners Associations are corporations structured similarly to well-known public and private companies in which the Board of Directors has specific responsibilities and obligations. Read the article……………………………….
The 1st Step in becoming an association board member? Education (FL)
Running a residential Owners Association in Florida is a business, not a social function. Condominium and Homeowners Associations are corporations structured similarly to well-known public and private companies in which the Board of Directors has specific responsibilities and obligations. Read the article…………………………….
Keys to Effective Homeowner Association (HOA) Leadership
I recently facilitated an election at a contentious HOA meeting. The lone board member called a special meeting to fill the vacant board seats and she was concerned it would not go smoothly due to conflict amongst the members. Read the article……………………………..
Enforceable Vs. Unenforceable HOA Rules: A Guide For Association Boards
HOAs—Homeowners Associations—play a pivotal role in maintaining community standards and fostering harmonious living environments. While understanding the importance of balancing residents’ rights and ethical considerations can be challenging, association boards can create enforceable and ethical rules while fostering a harmonious and inclusive community. Read the article………………………..