Cheat Sheet: Why HOAs exist, and the role of the board

According to The Banks™, the US has two categories of housing: (1) owner occupied, Mom, Dad and the kids in the house they own, and (2) rental, roughing it with the poors in overcrowded tenements.  This view is a gross oversimplification—obviously—I grew up in suburbia but now live in a big city, where plenty of […]

Indemnification: Protecting Board Members (OH)

For many new board members who are trying to get up to speed on their duties and obligations, few things could be as important as reviewing their governing documents to ensure they contain comprehensive indemnification provisions. No board member wants to be in a position of serving on the board with the possibility of being […]

Understanding the Role of an HOA Vice President

A vice president serves as the second-in-command of an HOA. Vice presidents are more than just figureheads; they’re important positions and can hugely impact the culture and success of the organization they work in, good or bad.  Read the article………………………..

Better Board Involvement: Getting Residents on Board (Literally)

Even among otherwise conscientious, community-minded condo, HOA, and co-op residents, the idea of running for and serving on their board often ranks somewhere between taxes and dental work on their list of things to look forward to. It conjures thoughts of endless meetings…arguing about the minutiae of vendor bids…confrontations with neighbors unhappy with board decisions…gossipy […]

Emergency powers for community associations (FL)

Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process is only beginning.  Read the article………………………..

Good Governance of Residential Associations: Board Member Codes of Conduct

An Association’s board of directors plays a fundamental role in a residential community, and, even though much of the day-to-day operations of running the Association may be delegated to a professional manager, a well-functioning board is indispensable to a well-functioning community.   Read the article………………………..

When a Board Goes Bad The Cure: Get Involved (NJ)

Board responsiveness and transparency are critical components in the good governance of co-op, condo and HOA communities. It’s the responsibility of the board and its members to act on behalf of the community – a legal obligation known as fiduciary duty.   Read the article………………………..

Becoming a high impact board member in your home owners association (VA)

Today, it is estimated that over 60 million people are living in one of the 300,000 community associations in America. Of those residents, nearly 2 million serve in HOA boards to manage their association, according to the Community Associations Institute (CAI).   Read the article………………………..

5 Tips for Filling Vacancies on Your HOA Board

Volunteering to serve on the board of directors is one of the most impactful ways to improve your neighborhood. . Although joining a board of directors might look daunting, it can be well worth the effort and commitment.   Read the article………………………..

The Handbook of Board Governance

What is the first order of business for a board? When should directors ask questions? What is a competent director? How important is an effective chairperson? The answers to these questions and more are contained in the big, heavy, “suitable for use as body armour” textbook I had to read called “The Handbook of Board […]

Board of Director E-mails as Official Records Revisited (FL)

Last year we published an article titled “Should Board Member E-Mails be Maintained in the Official Records?” Spoiler alert: the article concluded that based on previous Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes (“DBPR”) rulings, the answer largely depended on whether emails that related to the operation of […]

Why you should serve on your condo board. Really (MA)

Volunteer work may conjure images of philanthropy and gestures of goodwill, but in the case of volunteering to sit on a condo board, those in the know say it’s more like being a human punching bag.   Read the article………………………..

School is in Session: Does Your Board Need Education? (CO)

As a board member and/or homeowner, you have an incredible opportunity to make a difference in your community. But your role as a leader is only as effective as the knowledge you bring to the table. While there are no guarantees that your neighbors will agree with each decision made by their HOA Board, keeping […]

GETTING VOLUNTEERS FOR THE BOARD: HOW DO YOU MAKE A THANKLESS JOB THANKFUL?

Is it my imagination or are people getting less patient, more critical, more demanding, and less understanding? It seems over the last few years boards have been criticized and admonished more, while being appreciated and understood less. No wonder it’s becoming more and more difficult to fill board vacancies. After all, why would someone volunteer […]

Understanding How HOA Boards Make Decisions

An association’s board of directors makes many important and necessary decisions on behalf of their community association.  Generally, the board of directors is made up of elected individuals who reside within the community. However, during the development and sale period, members are usually appointed by the developer in the early days of the association’s formation.  […]

Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership

The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]

Tips for HOA boards on dealing with increasing demands from homeowners

It’s not just your imagination. Homeowner demands are increasing, and unfortunately, the hours in your day are not.  If you and your board are starting to feel overwhelmed by emails, calls, and verbal requests, we’ve got some ideas to help your team succeed.   Read the article………………………..

HOA 101: Understanding the Role of the Vice President

A critical part of any homeowners’ association (HOA), the board of directors ensures community guidelines are followed, the neighborhood is maintained, and improvements are funded and supported. In short, the HOA board is there to better the community on behalf of its residents.   Read the article………………………..

Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership

The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]

Fiduciary Duties of Directors and Officers

When a homeowner gains election or appointment as a director or officer of a corporation, they become a fiduciary for the corporation, and undertake duties to the corporation, and ultimately to the members it represents.   Read the article………………………..

How Co-op and Condo Boards Can Avoid Conflicts of Interest (NY)

Most co-op and condo governing documents underscore that self-dealing by board members is prohibited. However, there are some important practices to employ to further prevent any claims of a breach of fiduciary duty, Brick Underground reports.   Read the article………………………..

What Gives an HOA Board Their Authority? (CA)

Homeowners associations are like little governments. They have an HOA board of directors that govern and oversee the association and that Board does have some powers. But where does the Board get these powers and authority to enforce their documents and rules?  Read the article………………………..

Tips for Boosting HOA Board Morale

As a member of your homeowners’ association (HOA) board of directors, you have a responsibility to ensure the association enforces rules, maintains common areas, manages finances, and supports the community.   Read the article…………………………..

Can HOA Board Members Be Sued Individually?

When people join a community’s Board of Directors, they are typically focused on all of the positive things they can do within their community. However, it’s also important to be mindful of what can happen should any legal issues arise.   Read the article…………………………..

Tips for winning your HOA board election

A board of directors represents the owners of a condo or HOA community. The board is made up of a group of elected volunteers who help manage the association and make decisions that preserve or enhance the value and enjoyment of the development.   Read the entire article……………………………….

What to do when no one wants to run for a seat on the board

In a recent article, we offered tips on how to get elected to your condo or HOA board. It can be a challenge to win a seat if you live in a very big or very close-knit community. But some associations have the opposite problem. There are years when no one wants to volunteer and […]

Ask The HOA Expert

Question: A newly elected board is taking over for directors that have been in charge for years. Is it time to audit the books?   Read the Q&A……………………………….

Tips for winning your HOA board election

A board of directors represents the owners of a condo or HOA community. The board is made up of a group of elected volunteers who help manage the association and make decisions that preserve or enhance the value and enjoyment of the development.      Read the entire article……………………………….

Combatting Unlawful Harassment with Restraining Orders (CA)

Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment. When this occurs, Board Members should consider the available legal remedies provided under both California law and their […]

Combatting Unlawful Harassment with Restraining Orders (CA)

Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment.  Read the entire article……………………………….

Keys to HOA board success: the best practices of successful directors

Serving as an HOA board director can be a daunting task. The job comes with lots of responsibilities. Managing a homeowner association’s affairs often includes making tough financial decisions. Why do some homeowner association boards excel and others struggle? Many lessons can be gleaned from the best practices of successful HOA directors.  Read the entire article……………………………….

Five Most Common Conflicts of Interest for Board Members

Bringing proposals for consideration from a company either owned by a Board Member or relative/close friend. According to the Professional Manager Code of Ethics, ‘Managers shall disclose all relationships in writing to the client regarding any actual, potential or perceived conflict of interest between the Manager and other vendors.   Read the entire article……………………………….

Best HOA Summer Projects for Board Members

As the weather gets warmer, many homeowners associations (HOAs) are gearing up for their busiest season. There are a lot of things to do to keep your community running smoothly, and it can be difficult to know where to start. Let’s take a look at some of the best HOA summer projects for board members […]

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 […]

Who Is Qualified To Be A Board Member? (OH)

A successful community association begins with the board. A competent and productive board is an integral part of that success. But who can be board members? What qualifications must board members have? Can a delinquent owner serve on the board? Even though community association boards are comprised of volunteers, those volunteers must still meet minimum […]

Onboarding Yourself as a New Board Member

Congratulations, you’ve just been elected as a member of your community association board. You are now a representative of your community and responsible for ensuring things run well and fairly for all residents and that the association meets all of its (many!) obligations.   Read the entire article……………………………….

Professionals Advise, but Co-op and Condo Boards Decide (NY)

Serving on a co-op or condo board in New York City requires a surprising range of knowledge and skills. Yet every year, thousands of people who have absolutely no experience managing buildings join co-op and condo boards and are then expected to make intelligent judgments that affect the value of their (and their neighbors’) most […]

What is a Member at Large on an HOA Board? (CA)

Sometimes it’s confusing for volunteers to know and understand their place on the HOA board. Each board member must hold an officer position, but if you have a Board of Directors comprised of more than five individuals, you may have a position called “member at large.” The duties and position of the member at large […]

Condo Boards Can Make Mistakes (FL)

Condominium living has a lot of benefits. Many condominiums have socials and other activities. Associations manage amenities that might not be available in a single-family home. Someone else takes care of painting, mowing, pool maintenance and the unit owner only has to worry about the inside of the owner’s unit.  Read the entire article……………………………….

How Can the Board of Directors of an HOA Be Held Liable?

An HOA board of directors has a fiduciary responsibility to the association. They’re tasked with upholding the governing documents and the rules of the association. There’s also the business judgment rule that says if the board receives expert advice on a topic, and they follow that expert advice, it provides them with a level of […]

D&O Insurance: A Rundown For The HOA Board

The leaders of an HOA community can run into all sorts of legal trouble, jeopardizing their personal assets and interests. This is where D&O insurance comes in.   Read the entire article……………………………….

Essential HOA Resources and Tools for an Effective Board in Arizona

Serving on the board of a homeowner’s association can be much more time-consuming and difficult than most people expect. There are not many resources available to help save you time and effort while you figure out what to focus on and how to get things done. The Brown Law Group, PLLC provides general counsel legal […]