Association Wants to Go ‘Paperless (FL)

Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves?   Read the Q&A………………………………

Corporate Transparency Act – Action Required in 2024-2025 (FL)

We are writing to inform you that the Corporate Transparency Act (“CTA”) will become effective on January 1, 2024, for all new entities (as defined below) filed on or after the beginning of next year and will become effective on January 1, 2025, for all currently existing entities, (with entities being defined as any entity […]

How Long Do I Have to Keep Association Records? (CO)

Did you know that both CCIOA and the Colorado Revised Nonprofit Corporation Act, provide retention timeframes for certain records? For example, did you know that the Nonprofit Act requires associations to keep the following records permanently:     Read the article……………………………..

Client Alert – Corporate Transparency Act

Millions of entities across the United States must get ready to comply with the Corporate Transparency Act (CTA), a new federal law that goes into effect on January 1, 2024. Subject to a few limited exceptions, the CTA requires all new and currently existing entities to file reports with the federal government, identifying information about […]

Association Records – What You Need to Know (WI)

Two years ago, the law in Wisconsin was clarified relative to what records unit owners were entitled to inspect and copy. That list used to require a comparison of Ch. 703 and Ch. 181 Wis. Stat. Now what is required to be maintained and produced to unit owners is set forth in 703.20 Wis. Stat.  […]

Minutes of Meetings – What You Need to Record

About twenty years ago my friend attorney Jonathan Levine wrote a handout that was entitled “MINUTES…NOT HOURS!” It gave a great account of what was and what was not needed in the minutes. Rather than re-write what he wrote, I simply copied (with minor additions) his list below:   Read the article………………………………

Meeting Minutes and the Role of the Secretary

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 […]

Boca condo board loses federal records suit, sanctioned for ‘frivolous’ claims (FL)

The Boca View Condominium Association has lost another court battle in its long-running fight to prevent a unit owner from exercising her right to inspect its financial records.  On Tuesday, a federal judge in West Palm Beach dismissed a federal lawsuit challenging the constitutionality of a 2010 Florida law that prohibits condo and homeowner associations […]

Responding to a Records Request (AZ)

Pursuant to Arizona law (Planned Communities Act A.R.S. Section 33-1805 and Condominium Act A.R.S. Section 33-1258), community associations are required to make all financial and other records of the association reasonably available for examination by a member or a member’s designated representative. Records requests are frequently made in connection with a dispute with an owner, […]

What to Know About the New Corporate Transparency Act (IL)

As we enter the autumn season and approach 2024, condominium associations across the United States are readying themselves for significant change in legislation that is likely to enhance corporate transparency and combat illegal activities, such as money laundering and various other illicit activities. This comprehensive law, the Corporate Transparency Act, or the “CTA”    Read the […]

Why Your Board Should List All Damages Following a Hurricane

In the aftermath of a hurricane, community associations face numerous challenges, including assessing and documenting the damages caused by the storm. While the immediate focus is often on cleanup and recovery, it is crucial for association boards to prioritize the comprehensive listing of all damages incurred. This blog post aims to highlight the importance of […]

Approving and Signing Association Contracts (OH)

Associations act through their boards of directors. This means that, for an association to take any action, the board of directors must collectively vote to approve that action. As it relates to contracts, boards of directors should vote to approve contracts and document all votes approving contracts in the association’s minutes. The minutes should read […]

“Don’t Panic” — The HOA’s Guide to the Galaxy…of Records Inspection (CO)

Responding to record requests can sometimes be a daunting task. With CCIOA’s detailed list of “records of the association” that Colorado common interest communities are required permit requesting owners to inspect, combined with requesting owners’ increasing tendency to submit broad records requests, here are a few tips to help you get through this process as […]

Sharing Community Financials

As a community association board member or manager, you are ultimately responsible for managing the finances of a business – your community. The association members are all stakeholders in that business, so sharing financial information with them is essential to building and maintaining trust and credibility.   Read the article………………………..

Privacy and Privileged Documents in Washington State Homeowners’ Associations and Condominium Associations

Members of Washington’s homeowners’ associations and condominium associations have the right to access and review the records maintained by their association. However, there are certain limitations on this right, and it is important to keep that in mind when making any requests to your association for access to these records. First let us discuss the […]

HOAs Inadvertently Caught in Federal Crossfire: Ten Things You Need to Know About Community Associations and the Corporate Transparency Act

It’s easy to forget that community associations are corporations—and yet, today most community associations are incorporated. Community associations are subject to their state’s corporate statutes; but soon, they will be subject to the federal Corporate Transparency Act (“CTA”) too.  Read the article………………………..

Records Retention & Records Retention Policies

Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response.  “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice […]

Requesting condo/HOA documents

Residential communities have a legal obligation to retain records pertaining to condo/HOA business. That includes things like governing documents, maintenance records, insurance records, architectural plans and annual budgets. When you stop to think about how much information a community accumulates in a single year, you quickly realize why it’s better to have a digital archive […]

Denial of contract inspection difficult to defend (MI)

Q: I am one of the directors in our condominium association. One of our residents has requested a copy of the contract with our landscaping provider. We realize that contract negotiations are held in closed executive session, but does the resulting executed contract remain confidential and not available to our residents as some of our […]

Best Practices for Board Meeting Minutes (NC)

A question came up during a recent online discussion about “best practices” for board meeting minutes. The answer to questions of what should (or should not) be included in minutes is more complicated than it seems.   Read the article………………………..

How to Handle Records Requests by Owners (AZ)

When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date […]

Condominium and Cooperative – Required Building Reporting (FL)

Fla. Stat. §718.501(3)(a) and Fla. Stat. §719.501(3)(a) require all condominium and cooperative associations existing on or before July 1, 2022, to provide the following information Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes (“DBPR”):  Read the article………………………..

HOA Accounting Reports You Should Know That Are Not Financial Reports

Many homeowners associations focus on the operational side of community management. But, the financial aspect is just as important. And one of the ways to evaluate the financial health of the association is through HOA accounting reports.    Read the article………………………..

TIPS ON HOW TO TAKE GOOD BOARD MEETING MINUTES

The Board of Directors is the governing body that is responsible for the administration of your community association. Board meetings are a time for board members to come together to learn, exchange ideas, debate options, and ultimately determine the path forward for the association. During these meetings, someone is tasked with taking minutes which are […]

HOA purchasing policies

Members of HOAs and condo communities pay fees that are used to maintain the development. A lot of that money goes towards purchasing materials and services.  Read the entire article……………………………….

What Are HOA Documents and How Can You Properly Organize Them?

Keeping track of crucial documents can be a nightmare since they can easily get lost or damaged in paper form. HOA documents are no exception. Associations should make every effort to provide the governing documents to new home buyers in an easy-to-use, digital format.  Read the entire article……………………………….

What Templates Can Every Arizona HOA Utilize To Be More Effective?

Being a board member of an Arizona HOA involves lots of work. Plus it’s an unpaid volunteer position! Effectiveness is proactively addressing issues before they become problems and finding simple and methodical procedures that use existing assets and valuable templates to get the job done right. There is always plenty of work for the Association […]

Right to see HOA records process questioned (FL)

Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect.   Read […]

Know Your Boundaries: A Guide to Understanding Unit Boundaries in an HOA (MN)

We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]