Has your condominium or HOA declaration been amended fifteen times? Are you tired of page after page of references to a declarant or developer that has been out of the picture (or out of business) for years, or even decades? Is your association’s declaration so old, poorly recorded or otherwise hard to read, that parts […]
Restrictive Covenants: The Impact on Washington Condo Owners
In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in particular for a restrictive covenant imposing a rental cap restriction. However, the Supreme Court also left unanswered some questions regarding the percentage approval necessary […]
Updating Your Association’s CC&Rs
Asked – Our documents were created in 1981 and have not been updated since that time. I imagine that we are out of legal compliance with some of the items listed within both documents. The HOA membership does not want to pay to have them rewritten and brought up to the codes and I am […]
Top Reasons to Amend a Community Association’s Governing Documents
Whether your community’s documents are relatively new or have been recorded for several decades, this article is intended to provide a basis for determining why amendments should be considered. Governing documents generally include the Declaration (or Master Deed for condominiums created under the Horizontal Property Act), Articles of Incorporation (for associations that are incorporated), Bylaws, […]
Wait…We Need Lender Approval On Our Amendments?
So you’ve gone through months, if not years, of hard work with board members, committee members, and the owners to finally amend the declaration for your community, and owners have finally approved those amendments. Celebration time, right? Well maybe, or maybe not so fast. Unfortunately, many communities (particularly condominiums) have declarations that require a percentage […]
A Step-by-Step Approach to Amending and Restating Governing Documents (CA)
It seems as though the laws change as frequently as the tides. Some years see more legal changes than others – changes that greatly affect the way boards manage the association’s affairs. The laws governing community associations have experienced so much change within the past three to four years alone that it may make your […]
When Should You Update Your HOA Governing Documents?
Many governing documents are established immediately after the community’s developer completes construction. Therefore, these documents follow a standard set of guidelines that are intended to protect the community–even though the houses are still empty. As the neighborhood or condo complex fills up with residents, a true community emerges and the governing documents may eventually need […]
How to Get the Vote
Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the […]
Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations?
What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses. With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1]. In addition, […]
Need more time for vote? Consider adjournment
Q: Our condominium documents require the approval of two-thirds of all owners to amend the documents. Our association has spent a lot of time and money preparing new documents for approval. Our meeting is fast approaching and almost all of the votes are in favor of the new documents, but there are just not enough […]
Yes You Can Change Your HOA Rules! Here are the 3 Keys to Making It Happen
Did you just fall in love with a Great Dane puppy only to find out your association has a 50 pound weight limit on dogs? Are you expecting a long-term house guest who won’t be able to park overnight on the street during their stay? Your association has Rules for a reason – don’t break […]
Can Clearly Unenforceable Deed Restrictions Create Potential Liability for your Association?
Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, […]
Your Guide to Updating HOA Governing Documents
Changing your community’s governing documents is a hot topic with many homeowners associations right now since lots of governing documents were established when the community was built and are therefore out of touch with today’s needs. Luckily, governing documents are not set in stone. They are designed to adapt to communities as they change over […]
Residential Planned Communities and Condominiums: Changing the Rules After the Game has Begun
As Americans, it is in our nature to always look for ways to improve anything and everything affecting our lives, including the cars we buy, the food we eat, and yes, even the organizations to which we belong. It’s no wonder then that so many residential communities across North Carolina are so often seeking changes […]
Can We Get Rid of All These References to the Declarant?
After members take control of the board of directors of their owners association, they often want to amend their declaration and other governing documents and one of the changes they typically propose is the removal of all references to the declarant. If an association amends its governing documents after transition to member control to bring […]
How Do You Make Changes To Your Association’s Governing Documents?
Community and condominium associations are implemented by the developer of the community or condominium. For some associations, this can mean that they are governed by documents that may be quite old, outdated or not the right fit. Read the article………..
Washington Supreme Court Issues Bilanko v. Barclay Court Opinion: 4/28/16
Bilanko is the most recent addition to the ongoing saga in Washington law and the enforceability of condominium declaration amendments under the WCA (RCW 64.34). Bilanko involved a homeowner challenge to the enforceability of a declaration amendment that restricted unit rentals. Read the article…………
Fixing Your HOA’s Governing Documents
Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Here are some important […]
4 Tips For Changing HOA Bylaws
The HOA’s bylaws are important for keeping the neighborhood pleasant. All homeowners agree to follow these bylaws when they purchase a home in the neighborhood. However, sometimes, these bylaws need to be changed. It’s always a good idea to routinely go through your governing documents and change what doesn’t work anymore. Read the article………….
The Importance of the “Certification” when Amending HOA Documents (VA)
The Virginia Supreme Court’s opinion in Tvardek, et al v. Powhatan Village Homeowners Association, Inc. highlights how critical it is to not only amend your HOA documents in compliance with the law and your existing documents, but to make sure that the amended document that gets recorded properly memorializes that you did so. Read the […]
Reviewing and Updating Associations’ Governing Documents and Bylaws
For condominium associations and HOAs, effective governing documents are essential for their successful management and financial wellbeing. Association boards should regularly review their governing documents and bylaws to ensure their continued functionality and eliminate provisions that may have become archaic. Read the article………..
Updating Condominium Bylaws is a Tall Order
Question: I have just been elected to the Board of Directors of our Condominium Association. There are 125 units in the complex, and I have just spent last night reading our Bylaws. They were written in the early 1970s, and I am concerned they are not current. Read the article…………..
How to Amend HOA Rules and Bylaws
Communities that have associations usually have set rules and bylaws, which are designed to make the neighborhood the best place to live. Some of those rules, however, may have been passed twenty years ago, or more, and they no longer mesh with current social norms, the needs of the HOA or the flow of the […]
Board considers taking responsibility of shared spaces
Q: I live in a community composed of townhouse villas with shared party walls and roofs. Our governing documents state that the owner is responsible for exterior maintenance, repair, replacement and insurance. The association is considering amending the declaration to shift responsibility for all exterior maintenance, repair and replacement of the villas (or at least […]
Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far (MO)
Quite frequently, the homeowners association (“HOA”) of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from changing the date of the annual meeting (please, do not schedule for the last day of October, Halloween, […]
Tying Up Loose Ends in Your Homeowner Association
As homeowner associations age, certain illegal “additions” to the common area tend to creep in like storage sheds, fences, patio roofs, awnings and gardens. These add ons flourish when the board is asleep at the wheel or disinclined to challenge the offenders. Eventually, a board is elected that understands things have gotten out of hand […]
The Importance for Community Associations to Record Governing Document and Timely File Objections to a Chapter 13 Plan
A recent Bankruptcy Court decision in New Jersey highlights two important issues for community associations: 1) Record your Governing Documents; 2) Timely file an objection to a Chapter 13 Plan if the Association is a creditor and objects to the treatment in the debtor’s Chapter 13 Plan. Read more………
Drafting Enforceable Restrictive Covenants
“Restrictive Covenants.” Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time. Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property. If not, you might want to check […]
Voyeurs, Exhibitionists, and Sex Offenders in Community Associations
Does an association have the right to restrict registered sex offenders? Several communities throughout the country have amended their documents to prohibit violent sex offenders from residing within their planned communities.
How and When to Update the Rules, Apply Special Fees, and Use Proxies
When it comes to running an HOA, as a board member, there are a lot of “special circumstances” or advanced facets that don’t come around every day. In fact, many board members can go their entire terms without ever running into these types of situations, which is truly an ideal situation. Read more……..
Some HOAs act as though their bylaws are etched in stone
There’s a mindset that craves the acquisition of any kind of authority and takes full—even excessive—advantage of it. Individuals afflicted with said mindset tend to amplify the significance of insignificant matters and insist, with plenty of bluster, that things be done their way (think Deputy Barney Fife from the 1960s Andy Griffith Show). Read the […]
Not All HOA Bylaws Are Etched in Stone
Many people who live in housing developments are required to join homeowners associations. A homeowners association is responsible for the maintenance and upkeep of any common areas, such as swimming pools, tennis courts and other recreational areas. Read more….
Time to Budget for Deferred Legal Maintenance
Now that accounts receivables are finally starting to shrink, many associations are working hard to stabilize their communities’ finances and planning to take care of long-deferred maintenance projects. During this upcoming budget season, boards and managers will be making important decisions about which projects can, and must, be funded next year and over the coming […]
To Amend or Not To Amend? That is the Questions
Over the years, the law with respect to community associations has changed and morphed in many ways. If your community’s documents are more than five years old, it may be time to examine your documents and determine if they are doing your association more harm than good. Read More……
Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community
Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. Read More……