Creating Rules & Regs

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Drafting and Enforcing Parking Restrictions

Despite the going green initiatives and increased use of public transit, ownership and use of automobiles remains a necessity for most. Our need for automobiles translates to parking problems in many communities with limited parking availability. To help alleviate their

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Rental Caps: The Good, The Bad and the Ugly

A rental cap is a mechanism put in place to limit the number or percentage of units which may be rented at any one time in a community. While not every community needs, wants, or should have a rental cap

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HOA Homefront: Before you paint garage doors purple, check out association rules

Associations are normally created with an initial architectural and landscaping theme that boards are responsible to protect and preserve. Condominium association boards also are expected to protect and preserve common area. Therefore, owners are usually prohibited from changing the exterior

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How To Make New HOA Rules Without Being The Enemy

The key to having a great homeowners association is a valuable set of HOA rules for your homeowners and board members. These regulations set the standard of your community association, and a fair and sensible set of rules helps create

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Beware When Revising Your Pet Policy

Want to make sure you get a quorum at your annual meeting? Announce that the board is going to discuss one or more of the following: redoing the lobby; raising maintenance; modifying the building’s pet policy.  “Any change to a

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HOA Homefront: Recipe for reasonable rules

One important board responsibility is to adopt and enforce community rules. Developers, when creating common interest communities, provide CC&Rs and bylaws (usually boilerplate), but typically do not create rules. So, it is up to the volunteer boards to create necessary

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HOA and CONDO Rules – How To Use Rules To Create Harmony

Rules and rules enforcement is a mystery to many HOAs. Many problems arise, and neither the Board nor owners know what to do when the disturbances continue, illegal parking, noise, junk in the yard, disregard for the neighbors, tenant problems,

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4 Reasons Why HOAs Need HOA Governing Documents

Real Estate developers create a legal corporation known as a Homeowner’s Association (HOA) when they are ready to manage and sell the homes they built for residential communities. Each such corporation needs HOA governing documents to enforce the rules for

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How to Evaluate and Update Your Rules & Regulations

Your community’s governing documents provide a framework for your HOA’s structure, operations, and standards. We have covered the distinctions between the different types of governing document in a previous post, but here is a quick summary:    Read the article………….

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Guidelines for HOA Rules in Your Community

Homeowners associations have a number of rules and regulations that members are asked to observe so that everyone in the association can maintain their property values and quality of life. The association should always try to be reasonable with its

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Rules and regulations for HOAs

There are many types and classifications of Homeowners’ Associations (HOAs) that are now under the umbrella and defined within the Illinois Common Interest Community Association Act. Some of these communities are also referred to as the “over 55” communities, multi-generational

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What the HOA Board Should Know About Making Association Rules

When thinking of rules within a California Homeowners Association, what comes to mind are the few but chronic rule breakers that somehow find their way into some associations, and how nice it might be to have a spell to bring

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The Condo Association Rule Life Cycle

Condo Association rules are always a hot topic. In general, people want to be left alone and live quiet, nuisance-free lives. They don’t want a Condo Association or HOA hassling them over why their blinds are ivory when only eggshell

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HOA in Goodyear voting on sex offender ban (AZ)

Homeowners in the Goodyear community of Palm Valley will soon vote on a proposal to prohibit certain sex offenders from living in their neighborhood.  The Palm Valley Community Association is asking residents to vote on an amendment to the declaration

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Yes You Can Change Your HOA Rules! Here are the 3 Keys to Making It Happen

Did you just fall in love with a Great Dane puppy only to find out your association has a 50 pound weight limit on dogs? Are you expecting a long-term house guest who won’t be able to park overnight on

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HOA Move In & Move Out Policy

When residents move in and move out, particularly in common wall homeowner associations, proper planning is called for. Below are elements of a Move In & Move Out Policy which can be adapted to your use.  Scheduling. All moves in

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Four Policies Your High-Rise Association Should Formalize Right Now

Close quarters and the need for residents to exercise mutual respect can sometimes lead to friction and conflict – this is when formal policies need to come into play

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Handling Election Events in a Condo Association

Here are steps that your Board can take to address relevant issues and set good policies and procedures for the election season.

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3 Tips for Handling Owner Concerns

If your association is getting overwhelmed with trying to respond to every complaint a homeowner has, check out these three tips

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Rules: You May Be Surprised What Your HOA Board Can Do

Here are a few examples of powers an HOA Board may have over owners:

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Creating Effective Condo Association Policies

The keys to success are: a clear problem definition, enforceability, communications, and perhaps most importantly, not making more policies than you need to.

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MI CT of Appeals Rules That Condominium Rules and Regulations Cannot Supersede the Master Deed and Bylaws

In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished),

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The Three R’s of HOAs: Rules and Regulations

When most people hear the term “the three R’s,” they probably think of the phrase “reduce, reuse, recycle” that they learned in grade school. But did you know that there are three R’s that apply to homeowner associations, too? Rules,

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HOA must make homeowners a part of its rule-making process

If a homeowners association votes to amend a restriction, does that change go into effect immediately after notification to property owners via the minutes and any future owners via the disclosure package or not until the paperwork has been completed

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Writing rules your community association can live with

A community association’s board makes the rules, but some rules work better than others. Those that are ambiguously worded, improperly adopted or inconsistently enforced stand a good chance of being ignored by residents and challenged in court.      Read

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How to Establish Your Community’s Pool Rules

A community pool is a great perk for any neighborhood, and it may attract many potential residents. However, a pool without rules is a serious danger. When establishing your community’s pool rules, use these five guidelines to help you.   Read

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Community Association Violations

Associations are small governments that are responsible for keeping their communities and buildings safe, while always trying to maintain and increase the value of the homes in the community.  The association’s Declaration and/or Covenants, Conditions & Restrictions (CC&R) are put

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Bridging the New and Old Brigade of Association Residents

When the demographics of your condo or homeowner association start to change with an influx of younger residents problems can and often will arise. Is it possible to keep your longtime, solid, stable (and barely breathing)) residents content while welcoming

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Holiday Decorations Spur Trivial Disputes but Raise Important Issues for Condominium Associations

The holidays are past; the ubiquitous holiday music has (mercifully) been silenced; and community associations that had been arguing with owners about the holiday decorations they were displaying, or wanted to display, are now arguing about when the decorations should

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Holiday Decorations and Your HOA

From Florida to California, reports are coming in about HOAs and homeowners butting heads over holiday decorations. It’s common for associations to have rules governing the timing, type and scale of homeowner displays. For example, holiday decorations may be limited

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Holiday Decorations And HOAS

Does your homeowners association have a policy on holiday decorations? Should it?   Americans love to show their holiday spirit. From flying flags on Independence Day to spooky set-ups for Halloween to twinkling trees for the winter holidays, we put a

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11 West Valley (AZ) HOA rules that may turn heads

Photographs of HOA’s with comments about certain rules:   The West Valley has more than 425 homeowners associations. Many have similar rules, but some rules are more specific than others, leading opponents to claim some HOAs have become overbearing in

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What exactly does grandfathering mean in your community?

In the community association setting, we often hear about certain things, people or practices being “grandfathered in” which basically means that new restrictions cannot apply in those instances.  Read more……..

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Marijuana and HOA’s: What Can HOA’s Prohibit?

The recreational use of marijuana is now legal in Colorado and Washington; however, it continues to raise problems and controversy within HOA communities. While some individuals feel it is their right to smoke marijuana in their HOA, others do not,

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Community Association Violations

Associations are small governments that are responsible for keeping their communities and buildings safe, while always trying to maintain and increase the value of the homes in the community. Read more……..

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Drones and HOAs: How Homeowners Associations and Condominium Associations Can Be Prepared to Deal with the New Technology

Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and plan for. Although commentators believe

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Rule Making

One of the powers granted to Board of Directors in Associations is rule making. There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to

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Tis the Season for Holiday Decorations: Strategies to Avoid Conflict & Liability

As the holidays approach, community association homeowners become passionate about one issue in particular: holiday decorations. Some residents may prefer to keep their lights and decorations up long after the holiday season has passed. Other residents may take offense because

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Peace on Earth

Sometimes, advice on avoiding pitfalls in community management is best served by a detailed legal analysis. Sometimes it’s easiest to use some old-fashioned conventional wisdom.   Read more……

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Deck the Halls — Or Not: Setting Rules for Holiday Decorating Can Be a Challenge

In an episode of the television classic, “Seinfeld,” George Costanza’s father (played by Jerry Stiller) invents “Festivus—for the rest of us” to mold all the holidays into one event. Attorney Frank Lombardi of the law firm of Goodman, Shapiro &

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Community (TN) Suggests Gun Possession Is Illegal For Residents

Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun. Residents in Nashboro Village said it’s unconstitutional and leaves them defenseless. Two weeks ago, residents received a letter from their

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Revising your Rules and Regs? Keep it Simple!

Often associations review their rules when they want to make some change or addition, but it is best to review all the rules at least every 5 years because a few things do change periodically in the make-up and needs

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Two-Prong Test for the Reasonable of House Rules (WA)

A recent Division II Court of Appeals case has set out a two-prong test for determining whether a house rule is reasonable. The case, Kawawaki v. Academy Square Condominium Association, concerned a dispute over a newly implemented house rule that

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HOA: Revitalizing Rules

It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain

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HOAs: What You Need To Know About Rules

Lobbying for change in your homeowners association’s rules requires procedure, compromise, and perhaps joining the board.  Read More……

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HOA Appearance Standards

One of the important proactive policies a homeowner association board can enact involves acceptable appearance standards. These are particularly important in condos and other common wall communities where uniform appearance underscores market value.  Read More……

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Governance Guidelines

There are basic expectations that apply to virtually any common-interest community. With this in mind, the Center for Community Association Volunteers developed the Community Association Governance Guidelines – 12 principles that can help association board members increase harmony, reduce conflict

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