The following scenario happens all too often. A member makes a written records request to inspect the official records of the association and proceeds to provide a laundry list of documents that the member wants to inspect. Read the article…………………………….
When In Doubt, Check It Out: Homeowners’ Rights to Inspect Association Records (CA)
In California, homeowners and members of homeowners associations (HOAs) have specific rights to inspect and copy association records. These rights are established under various sections of the California Civil Code and the California Corporations Code. Under California Civil Code Section 5205, association records must be made available for inspection and copying by any member or […]
How to Create an HOA Violation Letter
In homeowners’ associations (HOAs), voting plays a crucial role in shaping the community’s future. Members vote on various issues, from electing the board of directors to approving amendments to governing documents. Read the article…………………………….
Florida Supreme Court declines to hear Boca View condo board’s appeal. But is it over?
Florida’s Supreme Court has declined to hear an appeal by the Boca View Condominium Association of its loss in an October 2022 trial over a unit owner’s right to see the association’s financial records. But other issues remain to be decided, potentially extending what has become a long and expensive series of fights over record […]
Florida Supreme Court declines to hear Boca View condo board’s appeal. But is it over?
Florida’s Supreme Court has declined to hear an appeal by the Boca View Condominium Association of its loss in an October 2022 trial over a unit owner’s right to see the association’s financial records. But other issues remain to be decided, potentially extending what has become a long and expensive series of fights over record […]
Community Roadmap – Annual Calendars
How do you chart your course? For me, an annual calendar serves as a roadmap of tasks that need to happen each week, month and year. It helps in tracking deadlines and knowing when something is supposed to happen (hello, pool opening!), while providing the Board with insight into my activities as their manager. Read […]
How to Record Effective Condominium Meeting Minutes
Meeting minutes are more than just a formal record of board meetings; they are essential for maintaining transparency, ensuring compliance with condominium laws, and protecting the board against potential legal disputes. To help board members and property managers fulfill this responsibility, here are ten best practices for creating accurate, concise, and legally sound meeting minutes. […]
Security Camera Videos as Official Records of a Condominium or Homeowners’ Association (FL)
Condominium and homeowners’ associations frequently install security cameras at various locations throughout the association property. In some instances, the cameras are monitored live, and images are recorded, and in other instances the images are simply recorded and available for retrieval in the event circumstances warrant their review. In most cases, the videos are automatically overwritten […]
Making a list and checking it twice? No, It’s not Christmas, it’s new Records Request Requirements (FL)
If you’re one of those people who finds checking things off a list or making a chart oddly satisfying, then House Bill 1021 (“HB 1021”) is the new legislation for you. As you may have already heard, HB1021 made sweeping changes to the condominium law landscape. Perhaps none of these changes will be felt quite […]
How To Write A Friendly HOA Violation Letter
Managing a homeowners association (HOA) involves maintaining community standards and ensuring residents adhere to the governing documents. When violations occur, clear and effective communication is key. This article will explore how to write a friendly HOA violation letter that fosters a positive relationship with residents while addressing the issue at hand. Read the article…………………………….
Board’s Failure to Take and Maintain Minutes (CA)
First it is necessary to define the term meeting under California law. A meeting is a gathering of a quorum of directors at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. A meeting can be in person, by phone, or […]
Understanding Homeowners’ Rights to Access HOA Financial Records
As a member of a Homeowners’ Association (HOA), you have a vested interest in how your community is managed, especially when it comes to financial transparency. The ability to review the financial records of your HOA is not just a privilege—it’s a right. Ensuring that HOAs operate with accountability and transparency is crucial for maintaining […]
Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit
A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in Florida emphasized that an association’s failure to promptly and fully respond to a homeowner’s request can result in fines and other liabilities against […]
HOA Q&A: Should recorded directors’ meetings be kept as legal record for 7 years? (FL)
Q. Our Board of Directors meetings are recorded, and I understand that the recordings have not been retained by the Association. I have seen discrepancies between the minutes and what actually happened, but the recordings have been deleted. Shouldn’t the recordings be kept as a legal record of the matter for a period of seven […]
Condominiums: Drowning in Official Records Requests – How to Respond to Overwhelming Requests from Unit Owners (FL)
A recurring concern raised by managers and board members alike involves overwhelming requests for inspection of official records by unit owners. In many cases, official records requests have become so extensive and time-consuming that they interfere with the normal day-to-day operations of an association. Associations must strike a balance between their statutory obligation to allow […]
Homeowners fighting for HOA bank records (NC)
Homeowners in Weddington Pointe have watched their annual dues increase by $500 annually since they moved into the newly constructed community in 2021. There’s not a whole lot of options for residents to fight against the rising costs though because their homeowner association is not under homeowner control. “Since it was still under the developer’s […]
The Importance Of Board Meeting Minutes (MI)
Association boards have legal, financial, and ethical responsibilities for the organization they lead. Individual directors in turn have a legal duty to act with due care in their service to the association. This involves attending meetings, providing legitimate oversight, and using their best independent judgment in making business decisions. An essential aspect of this responsibility […]
Appellate Ruling and New Florida Laws Stress Open Records in Community Associations
The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the […]
New Requirements for Condominium Association on Inspections of Official Records
The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but […]
Thou Shall Timely—and Completely—Respond to Records Requests: Fifth District Court of Appeal Cracks Down on HOA Obligation to Produce Official Records to Owners
At some point, every community association—whether it be an HOA, condominium, or co-op—has encountered a records inspection request and understands how time consuming they may be depending upon the scope of the request. A new case issued by the Fifth District Court of Appeal (or the “5th DCA”) solidifies the importance of an owner’s right […]
The Documents You Should Retain in Anticipation of 558 Litigation (FL)
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 […]
New Requirements for Condominium Association on Inspections of Official Records (FL)
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 […]
Violation Notices Part of Official Records (FL)
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)
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 Art of Taking Meeting Minutes
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? […]
South Carolina Homeowners’ Association Act – Executive Privilege – Accounting Records – Corporate Records – Amendment to Agreement – Bylaw
Resident was entitled to inspect Gate Pass Agreement and any amendments under the South Carolina Homeowners’ Association Act because they were bylaws as defined by the Act. We affirmed. Nonprofit corporation Community Services Associates, Inc. (CSA), appealed the circuit court’s order granting the motion of Dana Advocaat, a resident of Sea Pines Plantation on Hilton […]
Condo Records and the New Checklist Law (FL)
Suppose you ask for access to certain condominium records, they are never given to you, but months later the association says they were? What do you do now? Well, for condominiums only The Florida Legislature attempts to address this issue in House Bill 1021 which goes into effect July 1st Read the article…………………………….
Importance of HOA Minutes
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 […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to […]
Arizona: The Ultimate HOA Records Retention Guide: What You Need to Know
HOA records retention is not just a procedural formality; it’s essential for effective association management. It’s the cornerstone for continuity, aiding decision-making, and assists in navigating legal processes. Every HOA board member knows the importance of maintaining organized and accessible documents—from board minutes to financial records. What’s more, categorizing these essential records, such as tax […]
Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations (FL)
Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Read the article…………………………….
Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024
Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (“CTA”) and its regulations, unless a community association fits within one of the narrow exemptions to the Act.
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 […]
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 […]
The HOA Secretary’s Guide: Roles, Responsibilities & Best Practices
Discover the key to seamless HOA governance and administration. This guide delves into the role, responsibilities, challenges, and best practices for the HOA Secretary. Essential reading for those aspiring to be, newly appointed, or currently serving as an HOA Secretary.
What Is the “Corporate Transparency Act” and Why It Matters to Your Association and Directors
For the past year, community association attorneys have been discussing the impact of the CTA (Corporate Transparency Act). Much of the discussion has been on whether the Act does or does not apply to homeowner and condominium associations. As the effective date of the law is January 1, 2024 (with first reports being due no […]
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 […]
HOA Q&A: Are a condo association’s ledgers private in regard to assessment delinquency? (FL)
Q: I live in a condominium association. One of the owners has requested to see the ledgers for two homes that we believe are delinquent in the payment of assessments. However, our Board has cited privacy concerns and has refused to provide access to the ledgers. Is the Board’s position correct? Read the Q&A……………………………….
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 […]
Court awards condo owner $232,170 after lawyer denied records by Boca Raton community board (FL)
The Boca View Condominium Association refused to allow an owner’s lawyer to inspect association records and now it’s paying a hefty price — owners’ legal fees totaling $232,170. Read the article………………………..
“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………………………..