Plenty of people love living in a community with a homeowners association, or HOA. HOA rules are designed to prevent neighborhoods from turning into eyesores and keep the peace. Sometimes, though, the rules can catch homeowners by surprise and result in costly consequences. Read the article………………
What to Include On An HOA Board Meeting Agenda
Determining what to talk about during every board meeting can feel a bit overwhelming. Since each HOA is different, the items discussed at every meeting will vary. Add to that the fact that state law requires that meeting agendas be posted four days in advance in a public place designated by the association’s annual disclosure, […]
What should our Condominium Association Insurance Cover? Part II – Condominium Instruments & Association Insurance
Though not legally required, most condominium instruments provide that the association must carry hazard and liability insurance in order to protect the membership from disaster and the financial strain of litigation. The instruments may also specify the amount of the deductibles that the association’s various types of coverage will have; if not, the deductibles may […]
5 Tips for Presenting HOA Budgets
As a board member, preparing an annual budget and establishing assessments for your association falls squarely within your fiduciary duty. The budgeting process can be long and involved, but it is the board’s responsibility to make sure that sufficient funds are readily available to maintain common areas, pay bills and keep things running smoothly. […]
Trademarks and Community Associations: Maintaining Your Community’s Brand
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its good name? Read the article………………
Achieving an HOA Meeting Quorum
It’s five minutes until the Annual Meeting starts. The governing documents require the presence in person or by proxy of at least 25% of the eligible voters to establish a legal quorum. With only 21% of the members so represented, the meeting has to be canceled and rescheduled. Read the article………………
14 Things Your Reserve Analysts Might Not Tell You – and It’s Not Their Fault (Part 1)
Reserve studies are invaluable tools for condominiums, cooperatives, and homeowners associations. Used properly, they assist boards and managers to make good decisions for reserve funding with long range planning in view. They also help to plan for near term capital projects. The reserve study provides a basis for a systematic and disciplined approach to reserve […]
14 Things Your Reserve Analysts Might Not Tell You – and It’s Not Their Fault (Part 2)
Last week’s blog offered five focus points to improve the accuracy of your reserve plan. Nuggets 1 through 5 help you analyze property components. This week, we share nuggets 6 through 10. These are practical considerations to discuss with your reserve analysts in order to estimate project expenses as accurately as possible. Read the article………………
HOA Board Team Building Ideas
Team building activities are a great way to make your HOA board of directors function in a more cohesive and harmonious way. Before we take a look at some activities that your board can try, let’s look at some of the benefits. Read the article………………
HOA Insurance Mistake #1: Not understanding the CC&Rs
Covenants, Conditions and Restrictions (CC&Rs) are the documents that govern your shared neighborhood, such as a condominium association, a townhome association, a mobile home park and even some neighborhoods with single-family detached homes. Read the article………………
Your Condo Unit Owner’s Insurance: Do You Know What’s Really Covered?
Your condo is more than a roof over your head: It’s your home. So make sure you understand insurance basics and coverage options for your unit. Read the article………………
Can Your HOA Regulate Your Holiday Decor?
Fall and winter holidays are perfect for creating an elaborate outdoor scene — whether you’re planning to recreate “Frankenstein” in your front yard, light up the walkways for Diwali or feature Santa Claus and his reindeer on your roof. Regardless of which holiday you prefer to go all out for, the potential to spread extra […]
Learn Condo Insurance 101
Condo insurance provides coverage for the inside of your condominium; the external areas fall under the jurisdiction of your condo association and must be covered under the association’s insurance policy. Depending upon the specifics of your condominium association’s master policy, your condo insurance may include coverage for: Read the article………………
Pacifying Problem Homeowners
In the day-to-day life of the HOA manager, few things are more reliable than complaints. And if you have complaints, chances are you have at least one devoted complainer (hey, we all need a hobby). Maybe they’ve already caused your HOA nightmares by ardently complaining about one big thing. Maybe they nit-pick you on 17 […]
Common HOA Lawsuits & How to Dodge (err…) Avoid Them
Covenant enforcement issues, rule violations, board member battles, and homeowner litigation against the Association are some of the most common HOA lawsuits. Contentious, continued litigation can and does ensue in some of these situations. However, as an HOA leader, you can learn how to make the courthouse a last resort, instead of a starting point. […]
Bringing HOAs into the Future: 5 Ways Technology Can Improve your Community
Emerging technologies like the internet and cell phones have shifted how we function in most aspects of our lives and created heightened expectations towards effectiveness and efficiency. And although the impact of technological advancement can be felt in pretty much every industry, many community associations are reluctant to leverage it to improve the way they […]
Rule Development and Enforcement for Community Associations Part 1
Over the course of the next few blogs, we will be providing a brief overview of rules and architectural guidelines in community associations, including: • Scope of Rules and Architectural Guidelines • Developing valid and enforceable Rules using formal rule making procedures • Four Types of Resolutions for Community Associations • Developing and implementing a due process procedure for […]
Five Reasons for Joining a Co-op or Condo Board
Co-op and condo board service has its drawbacks. The pay is non-existent. The hours are long. It is almost guaranteed to stoke the ire of someone in the building. And, oh yes, it can get you sued and it rarely generates so much as a word of thanks. Yet sane people continue to volunteer to […]
Things an HOA Board Should Consider When Planning Next Year’s Budget
Preparing next year’s budget for your homeowners is one of the most important undertakings for the HOA board. Fiduciary responsibility is something you pledged to look after for your community and this is an area where that really comes into play. There are a few things the Board should consider for next year’s Association budget. […]
Chaos to Control: Getting the Reign on HOA Board Meetings
Preparing and running an HOA Board Member meeting can sometimes feel like a difficult and daunting task. Do you feel like the meeting goes too long? Do you feel like you and your fellow members have difficulty making decisions for important tasks? Perhaps you feel like you never accomplish everything that needs to be done? […]
Swimming Around Pool Rules in Community Associations (FL)
A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against […]
Working With Your Support Professionals: How (and When) Boards Should Speak Up
Attorneys and community association managers can be a godsend for the board of a co-op, condominium or HOA. Most boards consist of volunteers who usually have quite busy external lives themselves, so having an experienced professional on the team for advice, guidance, and enforcement of policy can be a huge help. Read the article………………
Your Board’s Legal Obligations: Fiduciary Duty, Disclosure, Meetings, and More (NY)
The board of a condominium, cooperative or homeowners’ association has a fiduciary duty to make decisions in the best interest of the community as a whole. But individual board members may have different ideas as to what those decisions might be, and some may even have joined the board more for self-serving reasons than as […]
Reigning in Chaos at a Disaster Scene: Tips for the Property Manager
If you are the property manager of a multi-unit residential building, you have no doubt developed a plan for emergency or disaster situations. Fires, flooding, storms, tornados, and hurricanes can wreak havoc on a multi-unit residential complex. The chaos that immediately follows can cause a ripple effect on survival and business continuity. Read the […]
What to Do When a Board Member Resigns (IL)
It’s a fact of life: sometimes Board members resign. Whether due to selling their unit, a change in personal circumstance, a lack of time to devote to association business, Board member resignation happens. Once the dust settles, the remaining Board members are left asking, “What now?” Read the article………………
How to Hold an Effective HOA Board Election
In any homeowners association, HOA Board elections can potentially become contentious, time consuming and complicated if not started off on the right foot. Holding an effective and fair HOA Board election is an annual event that helps decide who gets the responsibility for managing an HOA’s major financial matters and property maintenance issues. It is […]
Condo Board Members Conflicts of Interests and Service Providers in Florida
In Florida, the directors and board officers of a condo association, together with the members of their family and anyone who holds financial relationships with the officers and/or directors are entirely prohibited from forming any form of agreement with their condominium association under the terms of new regulations which have been put in place since […]
Common Mistakes of Board Members (FL)
It can be a wonderful experience being on the board of a condo or homeowner’s association. Many members really enjoy the experience of being active in their community, guiding neighbors regarding association matters, and getting to know the members of their community better. Board members generally take their positions seriously, and truly want to do […]
Is Your Neighbor Really A Nuisance? (NJ)
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]
Hiring a Manager Is Like Getting Married. Choose Wisely. (NY)
Hiring a new management company has been likened to getting married. So co-op and condo boards need to take a long hard look before they leap. A good first step, Brick Underground reports, is asking around the neighborhood and finding buildings that are well run. From this intel, a board can begin to create a […]
What should our Condominium Association Insurance Cover? Part I – Intro and Statutory Framework (VA)
Insurance is one of those necessities of life that we avoid thinking about until a problem occurs. At that point, we realize that the details of our policies do matter and that we probably should have spent more time reviewing them before it was too late. Read the article………………
Swimming Lessons in the Community Pool – What’s the Risk? (FL)
In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are […]
Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums (FL)
A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium […]
Managing Government Approval for Community Repairs and Improvements
Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a […]
Those Pesky Little White Balls
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of […]
4 Steps for Enforcing Short-Term Rental Violations in Your Community
In many communities located in popular vacation destinations, short-term rentals can pose long-term problems. The residents that come and go are more interested in having a good time than helping the community thrive, and that often means that they host loud parties, leave behind trash and can even pose a security threat. Concerns like these […]
HOA Board And Manager Authority
To achieve effective communications between homeowners and their homeowner association, it is important to understand the authority that belongs to the property management company, the board members individually and the board as a whole. For example, the management company may be able to solve a problem quickly while at other times, management may not have […]
Is your Association Protected Against Theft, Embezzlement and Fraud?
Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community. However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. Read the article………………
Can a Board Use Reserves for an Item Not Listed in the Reserve Study? (CA)
The purpose of the reserve fund is to plan for future repairs and replacements in the association. But what about components that you can’t see and aren’t listed in the reserve study? For example, plumbing supply lines that aren’t included in the reserve study and will end up costing somewhere in the ballpark of $50,000 […]
Are Your Meetings Keeping Minutes but Wasting Hours
Board meetings are integral to the function of an HOA. They provide an opportunity for directors to discuss governance issues by determining policies and priorities for the association. By following appropriate procedure, accepting homeowner input, and distributing minutes, meetings are influential in maintaining an involved and informed community. Unfortunately, these sessions can often “go off […]
Expertise Welcome – Up to a Point
Co-op and condo boards frequently recruit residents with professional expertise who can contribute to the projects they have planned for the next several years. While this expertise can be helpful, it should be exercised carefully. Problems arise when the new board members don’t fully understand their roles and how to deal with the other board […]
High Anxiety
As parts of Florida still recover from Hurricane Irma, community association leaders wonder whether they are prepared for the disruption and expense of the next big storm. Read the article………………
Best Board Member Budget Practices REVEALED
Approving the annual community association operating budget is one of the most important obligations of the board of directors. It is also the duty of the board treasurer to take the lead in this endeavor and ensure that a budget is approved in a timely fashion i.e. before the end of 2018 and in accordance […]
HOA Liens and How to Handle Them as HOA Board Members
“HOA Liens? What are those?” It’s a question lots of board members ask, so if you’re wondering as well then you’re not alone! In this post we’ll take you through a brief overview of HOA liens—what they are, what they impact, and how to remedy the situation as a board member. Read the article………………
Your condo building isn’t new anymore. Is it aging gracefully? (NY)
Prior to the recession of 2008, a batch of new condo developments came on the market. Some were well built while others were seemingly constructed in a hurry. Now that they’ve had a chance to settle into their bones, it’s a good time in their lifespan to see just how well they were constructed. Read […]
Service Dogs and Other Animals (CO)
Federal and state laws protect the rights of disabled individuals who need service dogs in places of public accommodation. Unfortunately, some individuals took advantage of the service animal laws to allow their pet to accompany them. As of March 15, 2011, only dogs (and miniature horses in rare situations) qualify as service animals under the […]
HOA Audits and Preparedness
Sometimes the word “audit” makes people nervous and uneasy, but the reality is they are part of any business. Your HOA should be prepared and know how an audit works and when it’s time to do one for your community. The first thing your board needs to do is understand when and why your HOA […]
Is Brevity the Soul of (Smart) Board Meeting Minutes? (NY)
It’s kind of ironic that in this age of transparency, board meeting minutes should be bare-boned. But they should. So keep them accurate, but sparse. Here’s why. Minutes of board meetings can be surprisingly revealing. Some minutes cover who voted on what, as well as off-topic conversations. You must always remember that minutes are actually […]
Fraudulent Transfers 101: What You Need To Know When Following The Money Trail (FL)
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed to the creditor. Unfortunately, many […]