- 10 Things Community Association Boards Are Doing Right June 15, 2024
Community associations play a crucial role in maintaining and enhancing the quality of life within residential communities. In California, where community associations are prevalent, boards are implementing innovative and effective strategies to ensure their neighborhoods thrive. Here are the top ten things community association boards are doing right: Read the article…………………………….
- Maintaining Community Standards: Dos and Don’ts for HOA Board Members June 15, 2024
As an HOA board member, you play a crucial role in maintaining the integrity and appeal of your community. Upholding community standards is not just about enforcing rules; it’s about fostering a sense of pride, safety, and cohesion among residents. Balancing fairness and flexibility while addressing violations requires a thoughtful approach and effective communication. Let’s explore the essential dos and don’ts to help you navigate the complexities of maintaining community standards effectively. Read the article…………………………….
- What You Need To Know About The Growth In Condo/HOA Recall Elections (AZ) June 14, 2024
Two of HOAleader.com’s expert community managers say they’re seeing a notable spike in recall elections. Is it possible these two managers are somehow in the eye of recall tornadoes that have touched down only in their states—Oregon and Florida? Unfortunately, no. Some of our other experts are also tracking these events that can leave destruction in their wake. Here’s their advice to help you avoid these conflicts in the first place. Read the article…………………………….
- For a condo board trustee, neighbors demand much time June 14, 2024
Q: About a year ago, I got roped into joining the board of trustees at my condo association, which has been more demanding than I expected since we’re dealing with a number of pressing issues. Now, neighbors will stop me in the parking lot or laundry room with questions and complaints, or even knock on my front door when I’m working from home. Some people have gotten confrontational when they haven’t gotten the answer they wanted. How can I protect ...
- Avoid These Common Board Member Mistakes: A Guide For Condos And HOAs June 11, 2024
Being a board member for a condominium association or homeowners’ association can be a rewarding experience, but it also comes with its fair share of challenges. From managing finances to resolving conflicts among residents, board members play a crucial role in maintaining the community’s well-being. However, even the most well-intentioned board members can make mistakes that can have significant repercussions. In this blog post, we’ll explore some common board member mistakes in condos and HOAs. Read the article…………………………….
- The Ethics of the Fiduciary Duty from the Litigators’ Lens June 9, 2024
The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation. With that, it ...
- HOA Q&A: Can we give notice about a Board meeting electronically? (FL) June 8, 2024
Q: What are the requirements regarding electronic Board meeting notices as governed by “Florida Administrative Codes, section 61B-75.002 Electronic Transmission of Notices”? Read the Q&A………………………………..
- The Art of Taking Meeting Minutes June 3, 2024
Taking good meeting minutes is a bit of an art form; on the one hand, minutes should be brief (hence the term “minutes”), but on the other hand minutes need to contain enough information to accurately report all actions that took place during the meeting. So, what is the secret to taking good meeting minutes? Read the article…………………………….
- HOA Q&A: Can we give notice about a Board meeting electronically? (FL) May 11, 2024
Q: What are the requirements regarding electronic Board meeting notices as governed by “Florida Administrative Codes, section 61B-75.002 Electronic Transmission of Notices”? Read the Q&A………………………………..
- Civil Code §4926. Meetings Entirely by Teleconference (CA) May 9, 2024
(a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied: Read the article…………………………….
- HOA Q&A: Can board members group text to keep updated on association business? (FL) April 27, 2024
Q: We have seven board members on our board. Can we all be on a group text or is this considered a quorum? Two of our board members want to use this form of communication to keep everyone updated on what’s going on. One board member feels this is against state rules. Read the Q&A………………………………..
- Do E-mail Exchanges Constitute A Meeting Of The Board? (CA) April 16, 2024
In LNSU#1, LLC v. Alta Del Mar Coastal Collection Community Association,94 Cal. App. 5th 1050, 312 Cal. Rptr. 3d 707 (2023), two homeowners in a common interest development argued that their homeowners’ association violated state law governing open meetings when certain directors discussed items of association business by e-mails without giving all association members notice and opportunity to participate in the discussions and without preparing related minutes. Read the article…………………………….
- Holding Orderly, Efficient Annual Meetings – It’s Not as Hard as It Seems! May 30, 2024
Talk to anyone familiar with common-interest community governance anywhere in the country, and they will tell you the same thing: apathy is rampant among residents of co-ops, condos, and HOAs. Not only is it difficult to get owners and shareholders to run for their boards of directors, but it’s a struggle to even get them to show up to the once-a-year meetings held to elect those board members and to update the community on what is happening in their home ...
- Virtual Board and Member Meetings (CA) April 8, 2024
Good news for directors and managers who hold virtual meetings but hate the hassles that come with hybrid meetings: you can legally hold solely virtual meetings! Read on for details. Associations have been using virtual video communications platforms like Zoom, GoTo Meetings, and Microsoft Teams for the last few years to hold board and member meetings. This was borne out of necessity as a result of the stay away orders of the COVID-19 pandemic. Boards continued to hold virtual meetings ...
- Increase Annual Meeting Attendance (AZ) April 8, 2024
It’s Annual Meeting Season! Our firm has been busy helping clients prepare for and execute successful annual meetings. After all, the Association’s annual meeting is the Association’s TIME TO SHINE! Read the article…………………………….
- Arizona Law Mandates Open Meetings for Planned Communities April 7, 2024
In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions. Subsection (A) of the law sets forth the general rule: all meetings of an association and its board must be open to all members, who are entitled to attend and speak. Read the article…………………………….
- AB 1458 Stop, Adjourn, Then Proceed: New Reduced Quorum Requirements Help Make Every Vote Count (CA) April 2, 2024
Recent legislation has provided various tools to remedy the difficulties that many associations face due to the lack of member participation in director elections. AB 502 went into effect in 2022, permitting elections by acclamation when the number of qualified candidates running for a board of directors is less than or equal to the number of positions to be filled (subject to several procedural requirements). Recently, AB 1458 was also enacted to address the inability of many associations to reach ...
- Who Was Robert and Why Do his Rules Rule? March 29, 2024
As an attorney and professional parliamentarian, I’m sometimes asked, “Who was Robert and why do his rules rule?” It’s a timely question. Henry Martyn Robert, the original author of Robert’ Rule of Order, died 100 years ago on May 11, 1923. Since that time, versions of his parliamentary manual have come to dominate meetings. Read the article…………………………….
- Why the Chair Never Asks “Is There Any Old Business?” February 17, 2024
At some point in some board meeting, you’re likely to hear a presiding officer ask, “Is there any Old Business?” and wait for a reply. It’s intended as an opportunity for members to raise issues that were addressed at an earlier meeting. The problem with this question is twofold Read the article…………………………….
- Parliamentarian Pro Tips: Assisting Large Meetings August 2, 2023
Large annual meetings and conventions create special demands on the parliamentarian. For example, numerous business items may move very quickly with lightning speed. The large audience and attendees milling about make it difficult to see who wishes to be recognized to speak. Read the article………………………..
- Are you Following Robert’s Rules at Your Community Association Meetings? March 7, 2023
If you’re a board member of a community association, it’s important that you familiarize yourself with and follow Robert’s Rules of Order. This article will give you some background information on the rules and how they relate to homeowner’s association (HOA) meetings. Read the article………………………..
- Can Robert’s Rules of Order Benefit Your Community Association? October 27, 2022
Running a successful meeting seems like a snap for most people, but actually, meetings can turn into dreadful events without notice. Issues like speaking out of turn, emotions, and being overly controlling can easily derail a meeting. Hence, homeowners associations need to adopt tried and tested techniques like the Roberts Rules in order to make meetings successful. Read the article………………………..
- Understanding Roles: The Board vs. Management Company in HOAs May 20, 2024
Homeowners’ Associations play a pivotal role in maintaining the integrity and functionality of residential communities. Ideally, at the heart of every HOA’s operations are two essential entities: the Board of Directors and the Management Company. While both entities work towards the common goal of enhancing community living, their roles and responsibilities are distinct. Read the article…………………………….
- Enhancing Strategic Inquiry: Essential Questions for Community Association Decision-Making May 13, 2024
Navigating the complexities of a community association often demands astute questioning to steer strategic initiatives effectively. Here are five categories of inquiries tailored to community association contexts: Read the article…………………………….
- Property owners, HOA responsible for paying for damage from multi-day barricade, City of Henderson says (NV) May 1, 2024
The aftermath from the multi-day barricade in Henderson remains. The face of the townhome where the suspect was barricaded is still ripped off from the incident, over two weeks later. According to the City of Henderson, the community’s Homeowner Association will be responsible for paying for repairs to the structure of the building, and the property owners will be responsible for their individual townhomes. Read the article…………………………….
- HOA Board Governance: Roles, Responsibilities, and Ethics April 23, 2024
Homeowners’ Associations play a pivotal role in shaping the communities they oversee. At the heart of every HOA is its board of directors, a group of individuals entrusted with the responsibility of making decisions that affect the entire community. However, being an HOA board member is not merely a title; it comes with a set of duties, responsibilities, and ethical considerations that require careful attention and dedication. Read the article…………………………….
- Board Relations: Avoiding Conflicts of Interest April 22, 2024
It’s the time of year when many community associations welcome new board members. It also is a great time to review conflicts of interest and how to avoid them. Community association board members are considered fiduciaries. Fiduciary duty is the highest standard of care imposed under law, and it occurs when one or more persons are responsible for the money or property of another. The fiduciary is expected to be honest, free from fraud, and faithful to his or her ...
- For a condo board trustee, neighbors demand much time June 14, 2024
Q: About a year ago, I got roped into joining the board of trustees at my condo association, which has been more demanding than I expected since we’re dealing with a number of pressing issues. Now, neighbors will stop me in the parking lot or laundry room with questions and complaints, or even knock on my front door when I’m working from home. Some people have gotten confrontational when they haven’t gotten the answer they wanted. How can I protect ...
- Understanding Landscaping Architectural Requirements for Co-owners April 24, 2024
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your property remains beautiful and compliant. Read the article…………………………….
- Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations April 17, 2024
In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. Read the article…………………………….
- Conflict Management How to Handle When Things Get Out of Hand (NV) March 20, 2024
Living in close quarters can—and often does—lead to conflict. In co-op, condo, and HOA communities, conflict can occur between residents, or between a resident and the board. And to complicate matters, a seemingly isolated conflict between residents may spill over to become a conflict between resident(s) and the board. What’s the key to resolving differences? Like the old British wartime poster advises: Stay calm and carry on. Read the article…………………………….
- What Is a Community Association’s Responsibility In Regards To Alleged Discrimination Or Harassment? October 16, 2023
Years ago, if the board of a community association (condo, coop, or HOA) learned that an owner was allegedly discriminating against or harassing another, it could turn a blind eye with little (if any) legal consequence. Today, federal regulations and many local laws require a community association board to intervene and take action when it knows about alleged discriminatory conduct in its community, and has the power to correct it. Read the article………………………………..
- The Documents You Should Retain in Anticipation of 558 Litigation (FL) June 14, 2024
Florida law provides condominium associations with a robust framework to recover damages from the developer and contractors for issues related to defective construction. Chapter 558, also known as Florida’s Construction Defect Statute, aims to encourage settlement of construction-related claims without resorting to litigation. However, litigation is sometimes unavoidable. Outlined herein are some of the essential documents all condominium associations must maintain and should be prepared to produce when construction litigation is on the horizon. Read the article…………………………….
- New Requirements for Condominium Association on Inspections of Official Records (FL) June 12, 2024
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have ...
- Violation Notices Part of Official Records (FL) June 10, 2024
Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? Read the article…………………………….
- New Requirements for Condominium Association on Inspections of Official Records (FL) June 5, 2024
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have ...
- A Guide To HOA Board Responsibilities May 2, 2024
Serving on the board of a homeowner association is a high calling. Well meaning volunteers are elected to roles that are critical to the well being of the HOA. But what exactly is a board member supposed to do to fulfill this charge? Read the article…………………………….
- Director Elections—What Could Possibly Go Wrong? April 1, 2024
Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with objection, suspicion, and unfortunately, hostility. Read the article…………………………….
- Board Member Code of Conduct (FL) March 30, 2024
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office. Read the article…………………………….
- Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy March 28, 2024
A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that breach of contract claims are not always uninsurable as a matter of law. Read the article…………………………….
- Fiduciary Duty – Mandatory for Condominium & HOA Board Members June 14, 2024
When Florida residential Condominium and HOA Board members are elected or appointed, they automatically and immediately enter into fiduciary relationships with all property owners in the building or community. This means the Association’s Directors and Officers are obligated to put the interests of property owners (Association members) above any personal motivations or views. Words used to describe fiduciary relationships include Trust, Honesty, Loyalty, and Integrity. Read the article…………………………….
- The Ethics of the Fiduciary Duty from the Litigators’ Lens June 9, 2024
The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation. With that, it ...
- The Ethics of the Fiduciary Duty from the Litigators’ Lens May 21, 2024
The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation. Read the article…………………………….
- Understanding Fiduciary Duty For Co-op and Condo Board Directors (NY) April 29, 2024
Serving as a board director entails a range of obligations, and it’s not uncommon for newcomers to underestimate the scope of their responsibilities. Individuals are drawn to board positions with varied motives, ranging from personal interests to community objectives or concerns about finances. However, despite their eagerness to contribute, most new board members are unaware of the depth of their obligations until they step into their roles. Read the article…………………………….
- Conflicting Interests In Your HOA June 6, 2024
When people are elected to positions of power, there is always the possibility that a conflict of interest will develop. It is almost impossible to avoid them but how they are handled is critical. For example, when it comes time for painting your homeowner association and there isn’t enough money to do the whole job at once, which units get done first? Read the article…………………………….
- The Ethics of the Fiduciary Duty from the Litigators’ Lens May 21, 2024
The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry has changed, we have seen how certain business practices have raised ethical considerations when those practices are called into question during litigation. Read the article…………………………….
- HOA Board Governance: Roles, Responsibilities, and Ethics April 23, 2024
Homeowners’ Associations play a pivotal role in shaping the communities they oversee. At the heart of every HOA is its board of directors, a group of individuals entrusted with the responsibility of making decisions that affect the entire community. However, being an HOA board member is not merely a title; it comes with a set of duties, responsibilities, and ethical considerations that require careful attention and dedication. Read the article…………………………….
- Can’t We All Just Get Along? When to Consider Implementing a Code of Conduct for a Board of Directors April 11, 2024
The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and at times, members with vehemently opposing ideas and solutions. Differences of opinion may lead to conflict, breakdowns in communication, or even a complete inability to ...
- Understanding the Key Roles of Officers in a Community Association Board of Directors September 6, 2023
Community associations play a vital role in maintaining and enhancing the quality of life in their respective communities. At the heart of every community association is its board of directors, comprised of dedicated individuals who serve in various officer roles. In this article, we will delve into the responsibilities and functions of these officers, shedding light on their contributions to the community’s well-being. Read the article………………………..
- HOA Board Member Roles May 3, 2023
As a homeowner in a community governed by a homeowners association (HOA), commonly referred to as a Community Association, you may be curious about the roles and responsibilities of the Board of Directors. The Board of Directors are elected by the association members to serve as their representatives and make decisions on behalf of the community. Read the article………………………..
- Understanding the Role of an HOA Vice President October 25, 2022
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………………………..
- HOA 101: Understanding the Role of the Vice President August 9, 2022
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………………………..
- The Art of Taking Meeting Minutes June 3, 2024
Taking good meeting minutes is a bit of an art form; on the one hand, minutes should be brief (hence the term “minutes”), but on the other hand minutes need to contain enough information to accurately report all actions that took place during the meeting. So, what is the secret to taking good meeting minutes? Read the article…………………………….
- Importance of HOA Minutes April 10, 2024
Homeowner associations should keep good historical records, because to know where one is going it’s necessary to know where one has been. Some of those crucial records are the minutes kept at Board, Special, Committee and Annual Meetings. Minutes document decisions made during a meeting and provide a public record of actions taken. Read the article…………………………….
- Meeting Minutes and the Role of the Secretary October 17, 2023
The role of a secretary in a condo association is an important one, as they play a key part in the administrative and record-keeping aspects of the organization. In this article, we are going to focus on Meeting Minutes. Taking minutes at a condo board meeting is an important responsibility that helps document decisions and actions taken during the meeting. Here’s a step-by-step guide on how to do it effectively: Read the article……………………………
- Understanding the Key Roles of Officers in a Community Association Board of Directors September 6, 2023
Community associations play a vital role in maintaining and enhancing the quality of life in their respective communities. At the heart of every community association is its board of directors, comprised of dedicated individuals who serve in various officer roles. In this article, we will delve into the responsibilities and functions of these officers, shedding light on their contributions to the community’s well-being. Read the article………………………..
- Spring Is Here – Time To Get Your Architectural Review House In Order June 3, 2024
Winter is over and spring has finally arrived! For many homeowners this means that the time has come to begin thinking about home improvement projects. Installing gardens, refreshing landscaping, expanding patios, constructing sheds, and house painting are common spring and summer projects. For associations, and their architectural review committees, this could mean an influx of design review requests. Read the article…………………………….
- How to Form an Effective Utah HOA Social Committee May 23, 2024
For many, homeowners association (HOA) living is nothing but strict rules and high fees. That’s a reality for some, sure, but many HOAs have far more to offer. HOAs should be dedicated to an equally important role: encouraging a sense of community and belonging among residents. Read the article…………………………….
- Effective Committees – Maximizing Use of Community Volunteers May 1, 2024
In a typical co-op, condo, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, requiring time, energy, and diplomacy that the average homeowner might be unable or unwilling to give on a volunteer basis. Read the article…………………………….
- Effective Committees: Maximizing Use of Community Volunteers (NJ) April 24, 2024
In a typical co-op, condo, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, requiring time, energy, and diplomacy that the average homeowner might be unable or unwilling to give on a volunteer basis. Read the article…………………………….
- 10 Things Community Association Boards Are Doing Right June 15, 2024
Community associations play a crucial role in maintaining and enhancing the quality of life within residential communities. In California, where community associations are prevalent, boards are implementing innovative and effective strategies to ensure their neighborhoods thrive. Here are the top ten things community association boards are doing right: Read the article…………………………….
- Maintaining Community Standards: Dos and Don’ts for HOA Board Members June 15, 2024
As an HOA board member, you play a crucial role in maintaining the integrity and appeal of your community. Upholding community standards is not just about enforcing rules; it’s about fostering a sense of pride, safety, and cohesion among residents. Balancing fairness and flexibility while addressing violations requires a thoughtful approach and effective communication. Let’s explore the essential dos and don’ts to help you navigate the complexities of maintaining community standards effectively. Read the article…………………………….
- What You Need To Know About The Growth In Condo/HOA Recall Elections (AZ) June 14, 2024
Two of HOAleader.com’s expert community managers say they’re seeing a notable spike in recall elections. Is it possible these two managers are somehow in the eye of recall tornadoes that have touched down only in their states—Oregon and Florida? Unfortunately, no. Some of our other experts are also tracking these events that can leave destruction in their wake. Here’s their advice to help you avoid these conflicts in the first place. Read the article…………………………….
- For a condo board trustee, neighbors demand much time June 14, 2024
Q: About a year ago, I got roped into joining the board of trustees at my condo association, which has been more demanding than I expected since we’re dealing with a number of pressing issues. Now, neighbors will stop me in the parking lot or laundry room with questions and complaints, or even knock on my front door when I’m working from home. Some people have gotten confrontational when they haven’t gotten the answer they wanted. How can I protect ...