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………………………..
Tips for Successful HOA Board Succession Planning
As an HOA board member, a key part of your role is ensuring the success of the board and community beyond your tenure. Otherwise, your board and community may face issues with leadership transition and financial stability. Read the article………………………..
Protecting Your Future – Risk Management + Community Associations
Community associations, by and through their Boards of Trustees, are responsible for overseeing and maintaining common areas, enforcing rules and regulations, and managing the business of the association. Like any business, associations face a spectrum of potential challenges and risks that can undermine their stability and cause financial or other hardships (not to mention unnecessary […]
Codes of Conduct for Association Volunteers (CA)
Generally, board members of common interest developments are volunteers dedicating their time, skills and energy to serve the communities within which they live. Indeed, without these director volunteers, community associations would be unable to properly function. Similarly, committee members are volunteers who work on specific projects within a community. Read the article………………………..
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 […]
“Business Judgment Rule” Applies to HOA (CA)
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the organization’s best interest.” Read the article………………………..
Court Steps in to Force Recalled HOA Board to Step Down (CA)
The Court of Appeals recently ruled in Lake Lindero Homeowners Association, Inc. v. Barone that Corporations Code section 7616 may be used to validate a recall election removing the former board of an homeowners association (“HOA”), in addition to validating the election of a new HOA board. Read the article………………………..
Australia: (Op/Ed) Is it worth paying the volunteers on your apartment committee?
Some argue for paying a little more in your levies to have trained office-bearers, rather than untrained amateurs making big-buck decisions. Read the article………………………..
Ousted board member entitled to indemnification (MI)
Q: One of the directors of our association was wrongfully removed by other members of the board. He sought reimbursement of his legal fees in bringing an action to gain his reinstatement. Read the Q&A……………………………
The Rules for Removing an HOA Board Member
Most of the time, HOA board members can be counted on to do what’s best for a community and its residents. Even if a board member disagrees with the rest of the board or with a resident, you can usually safely assume that the board member is doing his or her best to make smart […]
7 Essential Yearly Reviews for Community Association Board Members
As a board member of a community association, it’s crucial to regularly review important aspects of your association’s operations to ensure its success and meet the needs of residents. In this blog post, we will discuss seven key areas that community association board members should review each year. Read the article………………………..
13 Common Challenges And Issues Of HOA Board Members
It is important to outline the many issues of HOA board members in community associations. By understanding what these issues are and how they affect HOA management, board members can learn to avoid or overcome them. In doing so, boards can manage their associations with more thought and preparation, allowing their communities to thrive. Read […]
Essential Attributes for Community Association Board Members
Being an HOA board member seldom has an official set of qualifications, however, there are certain characteristics that indicate whether a person is a good candidate for the job. Read the article………………………..
Why D&O?! (CO)
Putting it in today’s terms, one of my biggest “cringe” moments being an HOA insurance specialist is when a Board of Directors decides they do not wish to procure Directors and Officers Liability Insurance (D&O). In my mind, (and I’m sure many of you share this same opinion), this coverage is absolutely necessary to protect […]
Small townhome community has difficulty finding board members for HOA
Q: We live in a small townhome community of 24 houses in Maryland. We have a homeowners association (HOA), and it is generally very mellow, without any crazy restrictions. Read the article………………………..
Political advocacy: A fine line for board members
Most board members campaign for a seat because they are passionate about making positive changes and improvements that will benefit the community as a whole. After all, not just anyone will volunteer their time and energy for an entire election term. Read the article………………………..
A condo board’s guide to fixing people problems
If the police are called to break up a fight at a board meeting, most directors will recognize that a problem has been allowed to escalate overtime. Fortunately, most condo boards will never find themselves in a situation such as this. Still, many other less dramatic yet problematic situations can go unrecognized and, if not […]
The Importance of a Board Member Code of Conduct Policy (CO)
Situations involving conflict are always easier to address and resolve when a prior relationship between the parties has been established. Every time I’ve facilitated a New Resident Orientation with new owners in a community, I have always encouraged them to make it a priority to introduce themselves to their neighbors sooner than later so that […]
HOA Board Member Roles
As a homeowner in a community governed by a homeowners association (HOA), commonly referred to as a Community Association, you may be curious about the roles and responsibilities of the Board of Directors. The Board of Directors are elected by the association members to serve as their representatives and make decisions on behalf of the […]
Grabbing the Bull by the Horns
At times, serving on an association board can leave members feeling overwhelmed and underappreciated. To keep an association operating smoothly, board members must continually address both new and timeworn challenges with vision, diplomacy, efficiency and financial ingenuity. Read the article………………………..
10 Tips for Successful HOA Board Members
As a Board member of an HOA, you have an important responsibility to ensure that the association is running smoothly and effectively. Your fiduciary duty is to make decisions that reflect the best interests of the community and its membership. In this article, we will provide 10 tips for successful HOA Board members that will […]
Help Me Help My Neighbors – When the Best of Intentions End In the Worst Results
An issue that has come up quite often as of late is that of a board wanting to help its individual community members while still maintaining its fiduciary obligations to the association. Perhaps there is an owner who is struggling to afford assessments, perform upkeep on the property, or can’t afford a major repair to […]
Risk Management Considerations for Condo Association Boards
The condo association takes on a special level of responsibility because of the unique form of ownership that is the condominium. To make sure we are all on the same footing — a condominium is a form of ownership where a person (in the broadest possible sense) purchases a unit within a building Read the […]
Can you get paid for serving on your co-op or condo board? (NY)
It would be highly unusual for a board member to receive compensation for serving on a board, our experts say. Co-ops and condos are not run as for-profits and introducing any salary would skew incentives and create conflicts of interest. Read the article………………………..
How to Create a Good Working Relationship with Board Members
Fostering a good relationship with the board benefits everyone. To connect with board members and build a successful partnership, consider these recommendations: Read the article………………………..
HOA Boards: How to Stay Up-to-Date on Industry Trends and Regulations
As an HOA board member or manager, it’s important to stay informed of industry trends and regulations to succeed. Keeping up with the latest information can seem daunting, but proper education is vital for a community association’s success. Read the article………………………..
Board Members, and Owners, have to Watch Each Other
A condo owner who served 15 years on the board was arrested and accused of stealing millions of dollars of monthly maintenance fees and diverting them for personal use. The accused served as President for some years, and even President and Treasurer during other years. At one point, he was the only signer on the […]
Term Limits for Co-op and Condo Board Members
Cooperative and condominium communities are unique in their governance structures. Instead of a single homeowner being responsible for their property, a board of directors is elected to manage the affairs of the entire community. These boards are responsible for enforcing the rules and regulations of the community, managing finances, and making decisions that affect the […]
How To Be a Great HOA Board Member
Serving on a Homeowner Association (HOA) board can be an incredibly rewarding experience. Not only do you have the opportunity to serve your community and make decisions that affect the lives of all its residents, but you also gain invaluable experience in problem solving, consensus building, and conflict resolution. Being a great HOA board member […]
Can HOA Members Remove Officers Midterm?
As a member of a homeowners association, it’s important to know your rights and options when it comes to the governance of your community. One issue that may arise is the removal of officers, such as HOA board members, before the end of their term. So, can HOA members remove officers midterm? The answer is […]
When to Use a Code of Conduct for Board Members
Our firm recently received the following question at a free virtual class we were teaching… “We have a candidate running for our Board who previously served on the Board. This candidate was asked to leave the Board at that time for engaging in unprofessional behavior. What can we do if this person is elected to […]
How to Improve Communication Among Board Members
Effective communication between HOA board members is essential to help enhance the overall functioning of the organization. Poor communication can lead to misunderstandings and conflicts, so it is important to foster an environment of clear and respectful dialogue. Here are 8 strategies that can be used by HOA board members to improve their communication with […]
When Boards Overstep / HOA Abuse of Power (CO)
It’s tough to be a volunteer HOA board member in Colorado these days. Just last night, I was watching a PBS show called “The Trouble with HOAs”, and depending on who was being interviewed, the board was doing too much or caring too little. It’s no wonder that sometimes boards are accused of overstepping their […]
Defamation
In the past two years, I have seen a significant increase in ‘bad’ behavior among residents. Whether verbal altercations, email campaigns designed to intimidate and harass or yard signs with insulating messages. Managers and board directors are suffering with the stress, anxiety and fatigue of dealing with such behavior. Read the article………………………..
Seven tips for building trust in condo communities
It is unlikely that the condo’s declaration, bylaws, rules, or policies include any reference to trust; yet good governance cannot be achieved without it. Directors might assume that meeting their fiduciary responsibilities is enough, but specific actions that provide the evidence on which trust is built are also required. Read the article………………………..
5 Common Mistakes HOA Boards Should Avoid (CA)
Being a Board Member of a homeowners association is a valuable opportunity to lead and serve the community. Many members relish the chance to participate in the association’s affairs, get to know their neighbors, and make a positive impact. Read the article………………………..
Defamation Against Co-op and Condo Boards Is Hard to Prove (NY)
A license to vent. Disputes between co-op and condo boards and their shareholders or unit-owners have become more vitriolic than ever, thanks in no small part to the Internet. People can complain viciously and broadcast it instantly while remaining anonymous. It’s a recipe for charges of defamation. Read the article………………………..
Continuity & Transfer of Power: Getting New Boards & Board Members Up to Speed
Among the keys to successful governance of residential communities is continuity. The most basic of democratically elected units, condo, co-op, and HOA boards are the custodians of their community’s welfare, success, and continued operation. Over time, the experience and insight accrued by board members, directors, or trustees are the compass and rudder that steer and […]
When Boards Overstep / HOA Abuse of Power (CO)
It’s tough to be a volunteer HOA board member in Colorado these days. Just last night, I was watching a PBS show called “The Trouble with HOAs”, and depending on who was being interviewed, the board was doing too much or caring too little. It’s no wonder that sometimes boards are accused of overstepping their […]
La Bota Ranch residents invited to meet new court-appointed board (TX)
After seven years of issues, residents at La Bota Ranch finally have a board of directors to call their own. La Bota residents are encouraged to meet the new court-appointed board over at the Fasken Recreation Center. Read the article………………………..
A condo board’s guide to fixing people problems
Attempting to fix a condo board’s problem does not usually result in calling the police. If a fight breaks out at a condo board meeting and the police are called to assist, most directors recognize that there is a problem. These types of problems usually escalate over time. Fortunately, most condo boards will never find […]
How Your HOA Board Can Help Prevent Gossip in Your Community
Gossip can create a lot of havoc in a community. It can lead to alienation of friends, emotional turmoil, ruined reputations, and any form of relational regression. A society that spreads rumors and gossip makes the residents uncomfortable and unable to interact with other residents well. Read the article………………………..
New Year’s resolutions for HOA residents, board members (NV)
Sometimes the law needs to be put aside for some common sense (re)solutions. I hope you will agree with some of the following New Year’s resolutions: Read the article………………………..
Qualifications for Being a Condo Association Board Member
If you live in a condominium association, you may see signs encouraging residents to run for a board member position. Being on a condo association’s board is incredibly important, as you are part of a group elected and responsible for the property, business of the condo, and ensuring bylaws are followed and community members are […]
What Makes A Good HOA Board Member?
Homeowners Associations (HOAs) are a great way to bring together community members and ensure that the community thrives. As with any organization, the HOA board is responsible for making decisions to help the association succeed. The best way to do this is to have a team of competent, engaged, and passionate board members. Read the article………………………..
The Benefits of Board Education (CA)
In the State of California, most HOA’s are non-profit corporations managed by a board of directors composed of volunteer homeowners elected by the membership. Boards derive their authority from the governing documents including the Articles of Incorporation, Bylaws, and Covenants, Conditions, and Restrictions (CC&Rs) that impose rules and restrictions on the use of property within […]
Board Decision Making and the Business Judgment Rule
We have recently spent some time focusing on the role of an Association’s board of directors as the entity designated to make decisions for the Association, the fiduciary duties of board members in making those decisions, and adoption of policies and standards for association governance to help make sure those duties are met and to […]
Boston Condominium Association Prevails on Summary Judgment Based on Business Judgment Rule Concerning Insurance Shortfall (MA)
A recent summary judgment decision issued by the Suffolk Superior Court has endorsed the employment of the business judgment rule in assessing the decisions of a condominium association concerning the amount of insurance maintained. In Joseph Cimino v. Lynn Ornstedt et al., Suffolk Superior Court Civil Action No. 1984CV01991, the Court allowed the condominium association’s […]
IN VIRGINIA MEMBERS SHOULD HAVE TWO WAYS TO COMPLAIN – (BUT WAIT UNTIL AFTER THE HOLIDAYS!)
We have observed that there are some association boards which are not aware of a distinction between state law requirements and necessary internal procedures for complaints. In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of […]