Those serving on HOA boards need to have a keen understanding of how essential a balanced budget is to the success of their associations. Drafting and ratifying a budget can often seem like a daunting task for board members. However, if the proper steps are followed and all prudent information is taken into consideration, budgeting […]
Data Breach Prevention
Data leaks and hacks are happening every day. From a small business to a Fortune 500 company, chances are your private information was subject to a leak or a hack and you might not even know it. Moreover. you might not be aware what type of information these companies have of yours. Imagine all of […]
Homeowners association rules and regulations
Homeowners associations are created to uphold and enrich property values. An HOA is usually established by the property developer, and lead by a Board of Directors. When someone purchases property within the HOA, they automatically become a member of the association. All members are expected to follow the Rules and Regulations created by their HOA, […]
Solar Panels and Satellite Dishes: Can an Association Regulate Them? (CO)
Short answer: Yes, an association can regulate solar panels and satellite dishes. However, an association cannot ban them in certain areas as solar panels are protected by Colorado law and satellite dishes are protected by federal law. And, the scope of the association’s regulation authority depends on whether the home is a single family home […]
What Is the Responsibility of Homeowner and Condominium Associations with the Coronavirus? (NC)
Since our blog last week on The Coronavirus, Flu, and HOA/Condo Association Meetings, there has been an increase in U.S. Coronavirus cases, including one death in Washington state. That has led to a number of questions from association boards to the effect of: “Thanks for the blog, but tell us what we should DO to […]
The Ultimate HOA Architectural Review Guide
One very important aspect of maintaining the home values in the community is to have an established HOA architectural review board in place. Even though many HOAs have a system in place to review and approve any architectural requests from association members, few are fulfilling their obligations in a way that is simple for their […]
HOA Pet Policy: Rules That Come With Owning A Pet (NC)
One of the top issues that HOAs face is related to residents and their pets. Usually, it is highly recommended to have a clear HOA pet policy to avoid a lack of compliance from residents and irritation from other residents who do not want pets in the community. If your HOA is considering a new […]
Access for People With Disabilities: the Business Decision (NY)
Co-op and condo boards with commercial space in their buildings have been the targets of a wave of lawsuits. The suits, hundreds of them, have been filed by lawyers of dubious repute on behalf of clients with disabilities, claiming that the buildings’ commercial spaces don’t comply with the Americans with Disabilities Act (ADA). The goal […]
Homeowners association voting and voting ballots
Homeowner’s Association (HOA) voting mostly happens when it’s time to elect officers for the board of directors. Voting might also be necessary for board member removal, changes in fee structure or to approve special assessments. Read the article……………………………
What to Look For When Hiring an HOA Management Company?
Board members of a homeowners association take on a lot of responsibility. Not only could the sheer number of tasks be intimidating, but the types of skills required aren’t always found within the board. When this is the case, the homeowners association may consider hiring an HOA management company to run the day to day […]
Long-Range Planning for Your HOA
Short-term goals offer quicker rewards than their long-term counterpart. However, while long-term goals feel distant and sometimes unattainable, they can prove to be more satisfying in the end. So, where do you even start? Perhaps you’ll consider the below tips and tricks regarding how to approach long-range planning for your association. This method is separated […]
Best practices for managing difficult people at an AGM
I have attended many Annual General Meetings. Some have been very interesting mostly because they drove me nuts for the same reason, because “Kim” attended. Managing difficult people at an AGM takes practice, but take heart, the skills can be learned. Read the article………………………….
Fidelity Insurance – Why Every Community Association Needs It (OH)
Virtually all community associations collect assessments to operate and maintain their property. Each community association that collects assessments likely has multiple people involved in handling the funds the association collects. Whether it is an individual volunteer board member or a management company employee, every person handling the funds has a fiduciary duty to handle those […]
HUD’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records: Where Do We Stand?
A client recently came to me about amending the declaration of the homeowner’s association to prohibit certain specific violent felons, and, in particular, sexual predators from residing in the association. The client posed the question as to whether the proposed amendment would be discriminatory since they had heard that the use of criminal background checks […]
Is Publishing Your HOAs Debtors List a Bad Idea?
I’m not going to beat around the bush here. It is generally a horrible idea to publish a list of delinquent owners for others to see, even if the governing documents make it permissible. What if the delinquency information was viewed and used by a potential employer to deny an applicant? What if the delinquency […]
COMMON HOA RULES HOMEOWNERS ACCIDENTALLY BREAK
We know that rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is […]
Property Manager Steals Hundreds of Thousands of Dollars from Two South Florida Condominium Associations (FL)
As documented in a recent report in the Miami Herald, the property manager of two Sunny Isles Beach condominium towers has been arrested for stealing hundreds of thousands of dollars from the associations for the properties. Property manager Georgina Pineda (pictured below) was booked into a Miami-Dade County jail recently, and apparently it wasn’t her […]
Insuring Catastrophe
….as even more communities reckon with rising sea levels and catastrophic storms, the Federal Emergency Management Agency is encouraging homeowners and renters to “buy as much flood insurance as they can.” The agency provides over 96% of all flood coverage through its National Flood Insurance Program, making it the sole option for most Americans. But […]
Electric Car Charging Stations in Community Associations: Five Things to Consider (IL)
It’s becoming more common to find yourself next to a Chevy Volt, Nissan Leaf, or Tesla Model S in traffic…and perhaps in the parking lot of your condominium, homeowner, or townhome association. Various reports indicate that the sales of electric vehicles will continue to grow. However, the feasibility of supplying the growing number of electric […]
How to Fight HOA Fines—and Win! (AZ)
If you live in a homeowners’ association, then you know that you have specific rules and guidelines that regulate how you use your property and that the homeowners’ association may declare you to be in “violation” if you fail to follow its rules. Violations may, sooner or later, lead to HOA fines that you believe […]
Say Good-Bye to Emotional Support Emus (CO)
In January 2020, United States Department of Housing and Urban Development released updated guidelines pertaining to Emotional Support Animals (“ESA”) under the Fair Housing Act (“FHA”). These new guidelines materially altered the previous guidelines relating to emotional support animals by changing the documentation requirement for emotional support animals and by changing the type of animal […]
What to Do When You Have Problem Neighbors
What To Do When You Have Problem NeighborsThere’s nothing worse than problem neighbors. After long days at work, we just want to come home and relax; when our neighbors disturb our peace it can be especially challenging. Before you hire a lawyer or list your house for sale, there are a few strategies you can […]
A community association management guide
When you purchase a home within a planned community such as a condominium complex, an apartment building or a gated estate, you automatically become a member of the community association. A community association is there to provide operational structure and manage the affairs of the overall community. Among the duties of a community, the association […]
Bank Garnishment by the HOA (TX)
If you live in a planned community, chances are you are a member of its homeowners’ association. Upon inception, HOA members become legally bound to pay certain assessments, which help maintain the shared areas and amenities and contribute to the general upkeep of the community. Should you fail to pay the required assessments to the […]
Cyber Security Issues | Protecting HOA Data from Hackers
All homeowner associations have access to sensitive owners’ data. From social security numbers and driver license information to credit card numbers, you are responsible for keeping them out of the wrong hands by boosting your cyber security efforts. Read the article…………………………….
Dealing With HOA Violations In The Community
Residents benefit a great deal from living in a community that has an HOA. However, residents do have to understand that the improved quality of life in their community does come with a price. Residents are expected to adhere to HOA guidelines while living in the community. When a resident fails to follow HOA regulations, […]
Can a HOA prohibit firearms in Common Areas? (AZ)
Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas? Read the article………………………….
Conducting Effective Board Meetings
Community association board members are busy volunteers who set aside time amidst work, family, and other personal obligations to serve their communities. In order to ensure this time is used productively, it is crucial to plan ahead so that board meetings can be effective and efficient. Following these key steps will help ensure your community […]
Installing License Plate Readers in HOAs
Automated license plate readers, also known as ALPRs, capture still images, not video. Artificial intelligence extracts numbers and letters from the license plates for cataloging and retrieval purposes. Pictures also may include the make, year, model, and color of a vehicle—characteristics that could prove useful when running a search. Depending on the angle of the […]
How Will Co-ops and Condos Pay for Energy-Efficiency Retrofits? (NY)
Amid the tumult and trepidation surrounding the passage of New York City’s Local Law 97, the Climate Mobilization Act, there is a surprising ray of good news for co-op and condo boards concerned about the cost of major capital improvements and retrofits: there are numerous affordable financing options. Read the article…………………………
An Introduction to Short Sales and Foreclosures for Community Associations
More than ever before, community associations are coping with financial shortfalls caused in no small part by the burst of the housing bubble and seemingly non-existent economic growth. Two issues which associations frequently encounter are short sales and foreclosures. This Blog post will discuss the implications of short sales and foreclosures as each relates to […]
The Risks of Serving as a HOA or Condo Board Member
Just the word “meeting” may cause some association members to roll their eyes. If there’s one meeting that members should invest time attending, it is the HOA annual meeting. This core meeting provides a big picture of governance, goals, budgets, and more. By following several important steps, your board can prepare and conduct a meeting […]
Homeowners association reserve study guide
A reserve fund is a nest-egg that every association needs to pay for unexpected events and major expenses. This pot of money comes from the unit owners’ maintenance fee, which is split between the operating budget and the reserve fund. Over time, the money put into the reserve fund accumulates so that when the HOA […]
Creating a Pet Policy for the HOA
An important issue for homeowner associations is creating and managing policies for pets. This can be a challenge for many reasons, including the fact that service animals and therapy animals are likely to become an important part of your HOA members lives, if they aren’t already. Read the article…………………………
How to Remove Troublesome Trees (FL)
A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too. Read the article……………………………
A Condo/HOA meeting minutes guide
HOA boards are required by law to take down minutes at every board meeting. Keeping minutes is essential for documenting all of the board’s decisions and actions, and can come in handy when there’s a debate or misunderstanding about a particular subject. Read the article…………………………..
Off-Site and Community Septic Systems in HOAs (TX)
Does your HOA have an off-site septic system? You may even be wondering what exactly an off-site septic system is? Read on to find out what you need to know about off-site community septic systems and how they affect your community. Read the article……………………….
Avoid Issues Arising From Unwelcome Financial Surprises
As we prepare thousands of HOA, individual, and business tax returns while helping clients avoid tax surprises, we also want to help community association property managers and board members avoid common budget and financial surprises. Here are 10 potential surprises, and how to avoid or address them: Read the article…………………………
How to Reach a Quorum Through Proxies
Annual and special meetings require homeowner votes for new board members, assessment increases, capital improvement projects, and amendments to the association’s governing documents. The goal is to reach a quorum—a minimum number of members who must be present for business to be validly transacted. Read the article……………………………
What Power Does My Florida Association Have?
Disputes do arise between homeowners and their HOA or condo associations. Whether arguing over paint color, pet, or fee, it’s important to know how far your association can go, and what rights you have as a homeowner in Florida. While the association does have the right to implement many rules and regulations, it’s true that […]
Disabled Access Can Ramp Up Lawsuits (NY)
No co-op or condo board wants its commercial spaces to be inaccessible to the disabled. But a particular type of disability lawsuit may be targeting small businesses in your building, not with any intention of seeing them made fully accessible but simply to collect a token fee for the plaintiff – and a large fee […]
HOA Financial Reports: What Every HOA Board Member Should Know
Managing and overseeing the finances of your HOA should be the HOA board’s main priorities. That said, many HOA board members may not have experience with HOA financial reports previously, consider this article as a helping hand. Read the article…………………………
How To Keep Home Modification Within The Association Guidelines (CA)
Inevitably, there will be times when homeowners association residents want to make changes to their homes. And when living in a homeowners association, it is a bigger decision than choosing which paint is the best. There are guidelines about what can and can’t be done, which all homeowners need to follow. But sometimes their choices […]
When do Deed Restrictions Expire?
Deed restrictions can cover everything from the color you paint your home to who you can sell it to, to whether you can have a pet or a home business. Many new homeowners find themselves wondering if their Deed Restrictions are still valid from when their homes were built. Read the article…………………………..
Tips to Avoid Common Board Member Mistakes
Serving on the board of a homeowners association can be a fulfilling experience. Many members enjoy being active volunteer leaders, assisting neighbors regarding association matters, and getting to know their community better. Read the article………………………
Is Your Co-op’s or Condo’s Data Safe? (NY)
Cybersecurity experts agree that surprisingly few co-op and condo boards or their property managers treat personally identifiable information (PII) with the care it deserves. Social Security, bank account, and credit card numbers, plus email addresses and passwords, are all things criminals can exploit. Read the article…………………………
Community Stormwater Systems 101 (FL)
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For homeowners’ associations, the duty is set forth in Fla. Stat. 720.305(1) (“Each member and the […]