Q: Recently, at one of our board meetings, it was revealed that our property manager and board president allowed a member to access all of our membership’s personal information, including medical records, bank records, SSNs, driver’s licenses, sales and lease information, etc. That person reported that they were seeing medical records. Is this a violation […]
HOA Records Security: Ensuring Your Data Is Safe And Secure (OH)
Homeowners associations deal with all sorts of information on a daily basis, some of which are confidential or sensitive. As such, it is imperative for each association to maintain HOA records security. Such an undertaking is often easier said than done, though. If your HOA does not know where to begin, consider the following steps: […]
A Question of Privacy: NY Law is Unclear When it Comes to Co-op/Condo Residents’ Info, Attorneys Say (NY)
In a recent piece for the New York Law Journal, attorneys from Manhattan-based law firm Ganfer Shore Leeds & Zauderer delve into the issue of privacy as it pertains to the personal information of shareholders and unit owners – and the rights of co-op and condo boards to access that information. Read the article………………………………
Benefits to Cloud-Storage of Your Association Information
Running a Condominium Association or Homeowner Association requires hard work and lots of patience. For most COAs and HOAs, it makes more sense to hire a management company to streamline daily operations. For any professional HOA/COA manager, data management is a very crucial skill. Any association requires that the management company they hire organizes their finances, vendor lists, […]
How To Make An HOA Violation Letter
In every homeowners association, there will be homeowners who break the rules accidentally or intentionally. That’s why HOA boards must take non-compliance seriously. At the first sign of offense, they must send an HOA violation letter to remind a homeowner of his obligations to the HOA. If you want to improve rule enforcement, here’s a […]
Community Association Boards Completely Overlook the Significance of Who Is Serving as the Association’s Registered Agent (FL)
Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association. Read the article………………………………
Tips To Reduce HOA Violations
No one likes homeowner association (HOA) violations. Board members don’t like to see people break the rules, residents don’t like being penalized, and HOA managers don’t like to play the role of the enforcer. But HOA rules are important for the overall success of the community. Many HOA rules cover noise, parking, holiday decorations, landscaping, […]
HOA 101: Understanding the Role of the Board Secretary
A homeowners’ association (HOA) must have a board of directors authorized to act on a community’s behalf, create and enforce guidelines, and maintain shared spaces. Generally, the board has four officer positions: president, vice president, secretary, and treasurer. Each officer has specific duties and responsibilities related to the operation of the association. Read on to […]
Keeping Association Management Data Safe From Unauthorized Users
Data protection is important for any business. When you’re an association manager, it’s vital to protect your clients’ data to earn the continued trust of clients and to retain their business. Managing a homeowner association (HOA) or condominium association (COA) requires you to process a lot of private, personal information about your clients and the […]
What’s a Coop, Condo or HOA Board to do when it can’t get its Records from Outgoing Management? (NY)
When coop, condo or HOA boards rely on management to keep their books and records, getting outgoing management to turn them over to new management can be difficult. Some states like Florida have enacted laws covering transitions, but many states like New York do not have such specific laws yet. Reputable property managers handle transitions […]
Tracking maintenance requests
Property managers can count on creating maintenance requests. Sometimes they can even plan for scheduled maintenance repairs, however, they can’t always plan for exactly when an elevator will break down or a gate will stop working. Maintaining a condo or HOA could easily be a full-time job, but that is just one of the many […]
Understanding An HOA Treasurer Report: What’s In It?
The Treasurer of an HOA has one of the most important jobs on the HOA board of directors. It is important for HOA board members to consider carefully who they will be recommending to their treasurer position given that the role will determine the liquidity of the HOA and how it makes its most important […]
Law says HOA must keep 10 years of records (NV)
Q: How long does a homeowners association have to keep old records and files? We have files going all the way back to 2005. I was told by one of our HOA management staff that we should keep at least 10 years of records and files. So, if we want to get rid of older […]
HOA Records and the Exclusion of Hearsay from Evidence (VA)
HOAs and condominiums, as legal entities, are creatures that derive their power from documents. Governing documents must be in writing. Rules, regulations, policies, and resolutions must be put into writing. To maintain and manage the common areas, the board must make contracts with vendors. Covenant enforcement requires data collection and issuance of notices to lot […]
A Condo/HOA meeting minutes guide
HOA boards are required by law to take down minutes at every board meeting. Keeping minutes is essential for documenting all of the board’s decisions and actions, and can come in handy when there’s a debate or misunderstanding about a particular subject. Read the article…………………………..
How to Reach a Quorum Through Proxies
Annual and special meetings require homeowner votes for new board members, assessment increases, capital improvement projects, and amendments to the association’s governing documents. The goal is to reach a quorum—a minimum number of members who must be present for business to be validly transacted. Read the article……………………………
HOA Financial Reports: What Every HOA Board Member Should Know
Managing and overseeing the finances of your HOA should be the HOA board’s main priorities. That said, many HOA board members may not have experience with HOA financial reports previously, consider this article as a helping hand. Read the article…………………………
Is Your Co-op’s or Condo’s Data Safe? (NY)
Cybersecurity experts agree that surprisingly few co-op and condo boards or their property managers treat personally identifiable information (PII) with the care it deserves. Social Security, bank account, and credit card numbers, plus email addresses and passwords, are all things criminals can exploit. Read the article…………………………
HOA Minutes and Utah Law
As the old saying goes, the only things certain in life are death and unnecessary remarks in HOA minutes. Well, that might not be exactly like the original but, for our purposes, it’s close enough. When it comes to minutes, less is more. Details of things that are said at a meeting should only be […]
Creating a homeowners association violation letter
At some point during the lifespan of a community association, a homeowner will break the rules, whether on purpose or by accident. When this happens, the Board of Directors must help them to understand that they’ve broken the rules and comply with them. Read the article…………………………
Solving the mystery behind access to association official records (FL)
One of the biggest complaints expressed by association unit owners is the lack of transparency and/or access to information regarding the operations of the association. It seems that vital operative documents such as the Declaration, By-Laws, meeting minutes, contracts, and bank statements are a mystery to most owners. This mystery is actually a myth, as […]
Tips to Protect Your HOA from a Data Breach
If you’re like most association board members, you probably think you have a good handle on potential risks the association might face. Concerns such as injuries from accidents, disputes among neighbors, and potential lawsuits against board members may top that list. But there’s a risk too many people overlook: data security. Read the article…………………….
Privacy Rights, Confidentiality, and Data Security for homeowners’ associations
With the current prevalence of identity theft, it’s not surprising that data protection has become a significant concern of homeowners when entrusting their information to a Homeowners’ Association (HOA). And privacy should likewise be a chief concern of HOA boards. Associations, and particularly their board members, are regularly entrusted with homeowners’ sensitive, confidential materials, often […]
How To Access HOA Records (CT)
ONE UNIT OWNER WRITES:I missed our last board meeting and requested a copy of the financial reports.I was advised by our management company I could go to their office [45 minutes drive] and would have to pay $75 for an administrative fee. Read the Q&A…………………………………….
Meeting Minutes – Guidelines for HOAs and Condos
One of the most common complaints about Association Boards is “lack of transparency”. Owners sometimes think that Board members are overly secretive and don’t share enough information with owners. When new Board members join, their first instinct may be to include as much information in the Minutes as possible, so that there is complete “transparency” […]
Is It Time to Review Your Hiring Procedures?
Advertising, reviewing applications, and interviewing prospective candidates is a long process. For volunteer boards, retaining good employees is vital to avoiding the hiring process altogether. If your board finds that there is too much turnover, it may be time to review your hiring procedures. Analyzing the best way to streamline your procedures may just lead […]
KNOW THE INS AND OUTS OF YOUR HOA’S BOARD MEETING MINUTES
A board of directors plays an essential role in the overall well-being and culture of a homeowner’s association (HOA) community. The board is responsible for making decisions that keep a community running smoothly, ensure safety, and create a positive environment. One of their responsibilities is holding regular board meetings, discussing the needs of the community […]
Know The Ins And Outs Of Your HOA’s Board Meeting Minutes
A board of directors plays an essential role in the overall well-being and culture of a homeowner’s association (HOA) community. The board is responsible for making decisions that keep a community running smoothly, ensure safety, and create a positive environment. One of their responsibilities is holding regular board meetings, discussing the needs of the community […]
The Annual Calendar – A Key Component of Management Success
No one can dispute the value of preparation. Coach Wooden knew it firsthand. By his own admission, he was a poor tactician. Still, he was one of the most successful and respected coaches in the NCAA. No team ever out-prepared UCLA. For various reasons, many managers fall short in this area. They are in reactive […]
Why Should Your Community Consider Trademarking Its Name and Logo?
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. Read the article……………………….
Best Practices in Association Document Retention (IL)
Governance of a condominium, townhome, or homeowners’ association requires a great deal of documentation. Budgets, meeting minutes, owner information, voting records, and insurance policies represent a small sample of the records that a board of directors must maintain and archive. Moreover, factors such as board turnover, unit owner issues, and liability highlight the importance of […]
End Minute Madness: Love your Meetings
When I joined my condo board, I absolutely refused to be the secretary because I knew taking the minutes would be a pain. I became president instead. During my term of office, we had recording secretaries of variable quality ranging from excellent to inadequate. One secretary took copious hand-written notes but never managed to get […]
Best Practices in Association Document Retention
Governance of a condominium, townhome, or homeowners’ association requires a great deal of documentation. Budgets, meeting minutes, owner information, voting records, and insurance policies represent a small sample of the records that a board of directors must maintain and archive. Moreover, factors such as board turnover, unit owner issues, and liability highlight the importance of […]
Maintaining Proper Records: Keeping a Digital Paper Trail (NY)
It is essential that a community association keep careful records of its financials, rules, and meeting minutes, just to name a few of the kinds of records boards and managers must stay on top of. Not solely because the law often requires it – although of course that’s important – but because an association that […]
Community Associations and Registered Agents (NC)
North Carolina nonprofit corporations are required to maintain a registered office and registered agent pursuant to § N.C.G.S. 55A-5-01. However, many board members, and some association managers, may not fully understand the purpose and duties of the registered agent. Read the article………………………
The Hierarchy of HOA Governing Documents
Any homeowners association board member understands the overwhelming amount of documentation that is involved with operating an HOA. The governing documents of the association can be dense and multiple and sometimes their hierarchy can be confusing. Which document takes precedence over another? Read the article……………………..
Why Maintenance Tracking is Beneficial to HOAs
Homeowner Association property management can be a daunting task; however, there are ways to make it easier. One of the most efficient ways to make managing an HOA easier is to add maintenance tracking to your program of maintenance. The reason why maintenance tracking is efficient for HOAs is that maintenance tracking allows you to […]
Fourth Court of Appeals denies motion to withhold finances (TX)
The La Bota homeowners Association was ordered by District Judge Joe Lopez to release all financial information including expenses regarding association fees. However, the association fought that ruling by filing an appeal with the Fourth Court of Appeals. Read the article……………………….
Association Documents, Policies and Business Systems Need Regular Maintenance Too
The temperatures are still screaming summer, but the calendar is whispering that fall is near. And for condominium boards and managers, that means it’s time to bring out the fall maintenance checklist to make sure the community’s buildings, operating systems and grounds are ready for the cold weather to come. But buildings and grounds aren’t […]
What is An Annual Disclosure? (CA)
Every state regulates elements of how HOAs operate, and in California. Those regulations include which public documents need to be created annually by the HOA board. There are very detailed and specific requirements and should become familiar with the ins and outs of what is needed. Making sure these documents are created correctly and on […]
Association Document Handling – Avoids Court Sanctions But Leaves Serious Concerns (NY)
The cooperative at 118 East 60th Street in Manhattan got lucky. Its books and records including alteration records were maintained at its management firm’s office – Matthew Adam Properties. When sued, the cooperative and management was demanded to turn over alteration records but was unable to do so because of water damage at management’s office. […]
Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I (FL)
There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals in […]
Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp (IL)
The dispute involves Galena Territory, a community governed by a property owner’s association (GTA) with several subdivisions also managed by HOAs. Homeowners in those subdivisions are members of both their subdivision HOA and the GTA. One of the subdivision HOAs had a president who allegedly engaged in self-dealing to the tune of about $600k. Read […]
What is a PID or PUD, and How do they Impact your Community Association?
Understanding HOAs, COAs and POAs is already confusing. On top of that, the terms PID and PUD are often bandied about and are sometimes confused with community associations. However, they are not the same thing at all. Here’s how and why they exist, and how they differ from community associations. Read the article……………………..
Minimize the Legal Risks of Association Meeting Minutes (VA)
Associations need to pay close attention to the format and content of the minutes of all Association meetings. This guidance applies to minutes of regular meetings, special meetings and closed executive sessions of the Board, all committee meetings, as well as an Association’s annual membership meeting. Read the article………………
Spoliation and Records Retention Best Practices: When Parties Have A Legal Duty to Preserve Relevant Documents/Evidence (VA)
Even the most careful community association is bound to have the occasional dispute with an owner, a municipality, or vendor. Typically, documents are created, records are made, and emails and letters are exchanged. What records, if any, should a community association retain? Read the article……………………….
Documenting Accidents – It’s All In The Details
A manager’s responsibility includes risk management. There are many components to risk management, most of which are on the anticipatory or preventative side. But there are post-incident techniques and practices that should be followed. This article addresses post-incident practices involving a slip and fall or trip and fall accident. The basic goal is to gather […]
Meeting Minutes – Are You Getting It All, But Not Too Much?
Taking meeting minutes is an art. It is the art of creating a formal record of a meeting and official actions and decisions that were taken and made during the meeting, without getting down in the weeds and writing a novel. The term “minutes” implies brevity, but at the same time minutes are not “seconds” […]
Managing condo service requests (ON)
Managing owner and resident service requests is an integral part of a property manager’s job. However, it can also be overwhelming – within even a modestly sized community, there may be dozens of requests which need to be actioned at times. What’s the best way to stay on top of it all? This article will […]
The Importance of Keeping Accurate Maintenance Records During Construction Projects (FL)
In many of the construction defect lawsuits we litigate, one of the main defenses asserted by construction companies is that the association failed to maintain their building, and it is the lack of maintenance that caused the defects – not the work performed by the contractors. It is the responsibility of the association to maintain […]