I don’t typically make New Year’s resolutions because I believe that if something needs to be fixed, it should be fixed at that time – not on an arbitrary date. However, many folks do like their resolutions, and I’ve heard several resolutions from my clients.
Proposed Legislation Requires Mandatory Service on the Board
Just kidding. Playing through the scenario, though, what if being “elected” to the board was like being called for jury duty? Homeowners’ names are fed into a machine. Then every couple of years, a button gets pushed, a ticket pops out, and bam: YOUR name is on it. Time to serve. (Unless you’re disqualified…or an […]
Establishing Guidelines for New HOA Board Members
Unfortunately the role of an HOA Board Member doesn’t exactly come with an instruction manual. Most new board members didn’t major in Home Owner’s Associations, and usually don’t receive proper training either. To top it off, the position comes with significant commitment for volunteer gig. This doesn’t set up the well intentioned but inexperienced board […]
How an HOA Board Can Make the Association a Better Place in 2015
How often do you communicate with your residents? Does your homeowners association have a website or newsletter? Let’s assume you do! (If you don’t, you should make a resolution to start one this January). As another year begins HOA board members should consider offering some thoughts about how the Association can make the community an […]
Why Boards Should Never Ignore Formalities
The client’s tale: A condominium board had instituted litigation against the sponsor. The sponsor moved to dismiss, claiming that the board did not have the authority to act. The court, in analyzing the facts, found that the board had clear statutory authority to institute litigation, but held that because the board had not adhered to […]
Does your board president rule with an iron FIST? You don’t have to put up with it. Dictators can be toppled.
Maybe she’s been running the association single-handedly forever. Or perhaps he’s been a big shot in the business world and is certain the community needs his iron fist. Whatever the motivation, the community association president becomes a dictator. Read more………
Avoiding common mistakes that board members make
Most board members at community associations are well-intended homeowners who want to do a good job. But few have expertise in property management, much less the legal and financial nuances of their decisions. Mistakes frequently occur. Read more……..
6 ways to prevent Board Member Fatigue
Do you ever feel like 20% of your board members are doing 80% of the work? Unfortunately you’re not alone. An unbalanced workload can be damaging to team morale and is unsustainable in the long run. All to often overworked members find themselves burnt out and looking for the door. Luckily there are some things […]
3 Crucial Responsibilities of a New HOA Board Member
You have tossed your hat into the ring to become an HOA board Member for your Association. After all the ballots are counted, you are now a new board member. What are the responsibilities of a new board member to their community? You owe a duty of good faith and fidelity to the homeowners association.
The Call of Duty: The Importance of Fiduciary Responsibility
When electing board members to serve on behalf of your community, you expect them to be on their best behavior and to think of the needs of the building and the people who live there when making their decisions. Regardless of the type of community they serve, board members have a responsibility to govern and […]
When Boards Don’t Play by the Rules: Controlling Rogue Board Members
Many if not most boards get along famously. There are boards that have had the same members for decades and run their communities without a hitch. Read more……..
The One Thing That Can Make a Good HOA Board, Great
What makes an average HOA board better and a good HOA board great? It can be summarized in one word: education. An educated board with committed members is the makings of a successfully run homeowners association. Add to the mix an invested property manager and you have a stellar combination. Read more………..
What Does this Thing Called Fiduciary Duty Mean for HOA Board Members?
As a new or current HOA board member you may often hear terms that you’re unfamiliar with. It’s important to ask questions and stay educated when something is unclear, and nothing can be more convoluted than financial jargon. From time to time you may hear that the Board of the homeowners association operates in a […]
How to Recruit a Homeowner to Become an HOA Board Member
Being a board member in a homeowners association is a difficult job. It takes a commitment of time and resources, but it can also be very rewarding. Sometimes you are asked to deal with tough issues that relate to your next door neighbor – maybe even your friend. It can be tough to tell the […]
6 Questions HOA Board Members Ask About Operating & Reserve Budgets
An area where a lot of HOA board members get into trouble relate to properly understanding the operating fund and the reserve fund in a homeowners association. If the two funds aren’t properly maintained a Board can be setting up the Association for failure and don’t even know it. It’s crucial that Boards understand how […]
Eight Golden Rules for Boards of Directors
Board members must interface with their membership, management team, association vendors and other members of the public pragmatically at all times. Following are my personal “Eight Golden Rules” to assist you with achieving that goal: Read more………
6 Steps for Removing a Board Member
Unfortunately, there are many reasons for which HOA board members are ousted from power. Felony convictions, acts of fraud, or simply not performing the duties required of a board member – all are more common than you might think. The silver lining here is that it is possible for an HOA to remove the board […]
Top 10 Attributes of Successful Community Association Boards
In addition to working with many community association and HOA boards on tax and audit matters, I’m also the president of my neighborhood’s Homeowner Association. At our next board meeting, we will start discussing new board member candidates along with next year’s budget. We want to have candidates identified early, so we can publish their […]
How to Respond to Common Pushbacks When Recruiting HOA Board Members
Finding and keeping good people on the board in your homeowners association is possibly one of the toughest jobs you’ll have as an HOA board member. As a current member of the board one of your responsibilities is to recruit homeowners to become part of the board, which is no easy feat. That’s why you […]
Four Types of Bothersome Homeowners Conduct
Q: I serve on the board of directors of a homeowner association. There is one particular owner who monopolizes board time with antics and actions that I think are way out of bounds, but the other board members tell me there is nothing that can be done about it. Is there a line that can […]
Avoiding Legal Blunders as a Volunteer Board Member
Much like corporations and charity organizations, condos, co-ops and HOAs across the nation are helmed by groups of residents who volunteer to serve their communities, and who are elected to their post by their neighbors. This is of course the case across Chicagoland, where talented individuals of every description regularly volunteer for board positions in […]
Bursting the Curse of an HOA Board Member
The universe of homeowner associations seems to be a “thousand points of light” all separated by an impenetrable void. Each operates in its own little world inventing and reinventing solutions to problems as they come crashing in. The board members rarely see their job as a privilege but more of a curse, something they got […]
How to Avoid Common HOA Lawsuits
Lawsuits are an unfortunate and inevitable feature of modern business. That goes for institutions and incorporated entities like HOAs as well. While it’s unlikely that an HOA will be able to avoid all lawsuits entirely, there are steps they can take that will at least eliminate some of the possible lawsuits from ever happening. […]
7 Steps to Being Politically Smart on a Condo or HOA Board
Let’s face it, board members – you are now politicians. Whether you like it or not, you were elected or appointed to a position of leadership in your community and are responsible for overseeing the care of what is essentially a small city government. Read more……..
Avoiding Legal Blunders: A Crash Course Before You Crash
Much like corporations and charity organizations, condos, co-ops and HOA’s across the nation are helmed by groups of residents who volunteer to serve their communities, and who are elected to their post by their neighbors. Read more……..
Everything you need to Know about HOA Bylaws, Regulations and CC&Rs
As much as we might not like to admit it at times, homeowners associations have rules and regulations in place for a reason. Mostly, they are for community safety and structure. If you find yourself questioning whether your HOA has the authority to regulate a certain item or action, check its governing documents and bylaws, […]
Business Judgment Rule: No Free Pass to Board Action
The past 12 months has been the year unit owners and shareholders have found cooperative and condominium board of director’s kryptonite at the appellate courts. For years, the courts of New York have been rubber stamping board decisions under the shield of the business judgment rule. Whether it be the persuasive facts in this year’s […]
Avoiding Legal Blunders – Board Missteps Can Be Expensive for Associations
You’ve just been elected to your condo board of trustees. On the one hand, you’re honored. A few neighbors have offered a congratulatory handshake, and now you’re in the mood to pop the bubbly. On the other, there’s a sense of hesitation. You’ve placed your trust in your fellow board members, some of whom have […]
A Management Chief’s Plain Talk and Good Advice for Co-op / Condo Boards (NY)
Which qualities do responsible co-op and condo boards possess? What things can boards pursue that genuinely increase apartments’ market value? What are some of the specific challenges boards faces today, and where boards can find support and information? Read more……….
Some Guidance for New HOA Board Members
When you first learn that you will be serving as a new member of your community’s board of directors, you are likely to be offered either congratulations or condolences; what you are not likely to be offered is much in the way of guidance for your new “job”. Read more……..
Bullies on the Board? Don’t get stiff Armed!
It’s great when board members are serious about their job, but, often times, disastrous when one board member decides to take his or her job too seriously. That’s when it is up to the rest of the board to intervene. Read more…….
Consensus Building for Community Associations
Community association board members and managers are responsible for carrying out business that protects literally millions of dollars worth of real estate. Daily problems arise that range in magnitude and importance, but all require sound business judgment to resolve. Many times what is also required is the cooperation or consensus of association residents comprised of […]
Term limits for board members have pros, cons
Longtime board members can be a strong asset to a community association. They often are well-versed in the property’s daily operations, policies, procedures, finances and building construction. They may know many, if not all, the residents by name and unit number, and perhaps even their pets. Read more…….
Condominium Council (MD) Held In Contempt Of Court For Failing To Make Common Element Repairs
In a case in which my colleague, Jack Boyd, and I represented the unit owner, the Circuit Court for Baltimore City has held a high-rise condominium in contempt of a prior order of the Court to undertake and complete repairs to the exterior common elements needed to make the building watertight. Read more…….
4 Mistakes Most New Board Members Make (And how to avoid them)
Everyone makes mistakes, especially when trying something new. New HOA Board Members are no different. The trick is to avoid common mistakes and learn from the unavoidable ones. Barrera and Company has been working closely with HOA Boards to prepare Reserve Studies for the past 30 years. We thought it might be helpful to put […]
All you Need to Know About the HOA Laws
When members of a homeowners associations’ Board of Directors take office, they often aren’t prepared for what their job will require of them—particularly the legal aspects of being a board member. The average board member will most likely be unaware of the various types of financial roles they must play, or legalities they must adhere […]
8 Ways to Protect Your HOA’s Finances
As a member of a homeowners association (HOA) Board of Directors, one of the most important issues you have to manage is the community’s finances. It can be a time consuming task, but one that is essential for running a good HOA and for avoiding any potential lawsuits. The good news is that there are […]
Guide to the Day to Day Politics of Being a Board Member
One of the most important aspects of being an HOA board member involves dealing with the politics surrounding the position. Sometimes, being a board member requires more time and effort than a person has available to them, leading that person to resign from their position. Other times, a board member might pose more trouble to […]
Role of the Board Member: Dance Like Nobody’s Watching – Love Like It Will Never Hurt
The person who takes on the role of a community association board member is a special individual with many different motivations. There are the public-spirited, the single-minded, the power-seeker, and those that are there because their spouse encouraged them. If you are familiar with the stories told at the Jewish Passover Seder, you might see […]
Board/Owner Do’s & Don’ts: What Makes a Board Successful
It only takes a few minutes of Googling to uncover the traits that make a successful person or business owner. For example, Entrepreneur magazine’s Steven Key wrote the article, “5 Qualities of Successful Persons,” which included such traits as open-mindedness, unwavering passion, and a forward-looking approach. Read more…….
“A Man Cannot Serve Two Masters”-Directors and Breach of Fiduciary Duty
This past weekend, I visited my daughter who is a freshman at Washington University in St. Louis. I had asked if I could possibly attend a law school class at some point during my visit since my daughter had her own undergraduate classes to attend throughout the day.
Board Owner Do’s and Don’ts: What Makes a Board Successful
It only takes a few minutes of a web search to uncover the traits that make a successful person or business owner. For example, Entrepreneur magazine’s Steven Key wrote the article, “5 Qualities of Successful Persons,” which included such traits as open-mindedness, unwavering passion, and a forward-looking approach. But what makes a board of trustees, […]
The Business Judgment Rule Won’t Protect an “Unconscionable” Board
May a board impose fines and other penalties when homeowners fail to cure a violation, even though the owners claim they are being prevented from doing so by another owner? That was the question in Tucciarone v. The Hamlet on Olde Oyster Bay Homeowners Association. Read more……..
The Pros of Joining Your Condo or Co-op Board
In the initial excitement of homeownership, many condo and co-op owners consider attending monthly condo board meetings with the idea of becoming active board members. Most experienced condo dwellers will warn against blithely walking into a board meeting, having learned that the thirst for new volunteer blood can lead to a feeding frenzy from committee […]
The Cons of Condo Board Membership
As we pointed out in the first part of this series, condominium and co-op owners have plenty of reasons to join their homeowners association board, particularly if they want a say in decisions that can affect their monthly budget and the future value of their home. The caveat is that nearly everyone who has participated […]
Four Traits of Successful Board Members
If you plan on running for the HOA board of your community, you have probably developed campaign strategies that distinguish you from the competition and highlight your commitment to the neighborhood, however, have you thought about how you’ll perform after being elected? Read more……..
HOA Boards Should Assess Itself Every Year
A nonprofit Board of Directors is responsible for many things in its organization. The Board oversees the operation, provides guidance, and develops policy. A good Board makes for a good organization. So who monitors the Board to make sure it’s as good as it can be? Read more……..
Protection for the Board – D & O Insurance
We receive many calls from board members of homeowner association clients inquiring about complaints made by unhappy members of their communities and threats of lawsuits against the directors. The complaints run the full gamut from failure to enforce the governing documents, to unfair enforcement of the governing documents, to failure to abide by the governing […]
New Board Member Handbook Checklist
Many community associations are now welcoming and orienting their new board members. The more information board members receive, the more effectively they can carry out their responsibilities. When given the right information in an easy-to-use format, most board members are happy to educate themselves about their new role, and come to their first board meeting […]