The board of directors in a homeowners association (HOA) is responsible for the functionality and governance of the community. One of the powers and duties delegated to the board of directors is the power to negotiate and enter into contracts, which is highly significant to the operation and bylaws of an HOA. Read the article………………………..
Summer is here! Any Plans for Capital Improvement Projects?
I’m certain that there are many communities (another word “associations”) out there that are getting ready to do improvements around their properties during this perfect season such as resurfacing asphalts, exterior building painting, entrance water feature renovation, etc. Of course, summer projects come with the question of “Are we adequately funded for these projects”. Read […]
Flags: What Everyone Ought to Know About Idaho’s HOA Flag Rules
Flags are something you see every day and with summer holidays coming up, flags are going to be everywhere you go. Flags can mean different things to different people, they can represent countries, ideas, holidays, and even politics. Flags have a long history, and regardless of what they represent, they will continue to be put […]
The correlation between collection rates, HOA culture (ID)
Homeowners association collection rates might be unsettling to those who believe they are exempt to pay or feel rules don’t apply to them. Most, however, do the right thing and do understand the concept of community living. Those few who buck the system, unfortunately, play a significant influence on its culture, according to a recent […]
HOA boards should operate more like a business (ID)
Many Idaho homeowner associations lack adequate resources to operate like a business, and a volunteer board member ends up wasting an enormous amount of time on concerns that divert their attention away from key concerns. All too often, associations are run like a family community co-op, foregoing business acumen, to gather over a pot-luck. While […]
Homeowner’s Association Liens in Idaho
Idaho law allows a homeowner’s association (HOA) to record a lien against a lot when the owner fails to pay assessments. But only if the covenants, conditions & restrictions (CC&Rs) or bylaws give the HOA the power to file a lien. Read the article…………………………….
Four steps to improve local wildfire planning (ID)
The price of wildfire has never been higher. In 1995, fire made up 16 percent of the U.S. Forest Service’s annual appropriation budget; in 2015, wildfire consumed more than 50 percent of the agency’s budget. But the price of fire is also told in lost recreational opportunities, scarred landscapes adjacent to city centers, loss of […]
Idaho Supreme Court Revisits CC&R Case, Supports Association Attorneys Fee Award
In 2013, the Idaho Supreme Court reversed a grant of summary judgment in a case brought by the members of a homeowner association against an entity purporting to be the declarant of their community Sky Canyon Props. v. Golf Club at Black Rock, LLC, 155 Idaho 604, 315 P.3d 792, 794 (2013) (Sky Canyons I). […]
The sharing economy versus HOA CC&Rs: The battle begins
I was recently made aware of what I believe is the first state supreme court case addressing the relationship between short-term rentals (Airbnb, VRBO, and such) and CC&Rs. Thanks to Bill White, an attorney here in Boise, for sending this my way. On June 22, 2015, the Idaho Supreme Court decided Adams v. Kimberley One […]
Wheelchair Ramps
The media has covered cases across the United States involving homeowners associations running into conflict and legal problems over wheelchair ramps. Just this past month, the media featured the Broadnax family who retrofitted their house with a wheelchair ramp in an upscale neighborhood in Brentwood, Tennessee. After Mr. Broadnax returned home from rehabilitation following brain […]
Community Upkeep, Maintenance and Avoiding Problems and Emergencies
First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about liabilities, terms, provisions, or implications of the contract. The other single most important thing that […]
New Idaho HOA Decision From Supreme Court
Although Idaho courts rely on principles of contract construction to interpret covenants, conditions, and restrictions, there are a few instances that highlight the unique nature of these equitable servitudes and covenants appurtenant to title. One such instance arises when the owners decide to amend terms of their governing documents to restrict rental of private property. […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
Key Factors to Consider Should an HOA Decide to Use a Professional Management Service
The operations of a homeowners association require expertise on many different levels. The management of a homeowner’s association by a handful of people that may change every year or two makes it very difficult for effective and prolonged operations. Different leadership styles and limited resources, make governing successfully very challenging for a volunteer board of […]
Implementing a Maintenance Plan
Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying and addressing components of the common property which need regular maintenance. Failure to do so […]
Annual Meetings in Idaho
Idaho law requires homeowners associations that are incorporated as non-profit corporations to hold at least one membership meeting per year. I.C. §30-3-46(1). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year Read more……..
Other victims of the recession (ID)
The recession hit hard in America as well as here in North Idaho. Not only were families affected by job loss and the resulting foreclosures of their homes, but there were other victims as well. With an inability to make house payments came other difficulties including a decrease in revenue for Home Owners’ Associations. […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]