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 […]
How to Avoid Getting Sued as a Board Member
Defending your association in a lawsuit can be costly, time-consuming, and may hinder your board’s ability to function effectively. Your association’s board of directors is required to respond and defend the association in all lawsuits filed against them, regardless of the merits of the claims. Simply responding to a lawsuit and getting the court to […]
5 tips for an effective HOA
A well rounded and effective Homeowners Association (HOA) is imperative to your community’s pocket book and piece of mind. At Barrera & Company we’ve seen the good, the bad and the ugly. In today’s post we’ll go over a few tips for cultivating and managing an effective HOA. Read more…….
New Year’s Resolutions for HOA Board Members
As we approach the new year, allow me to propose the following five New Year’s Resolutions for the Board of Directors of all Homeowners and Property Owners Associations. Read more…….
Conflicts of Interest on Community Association Boards
The board of directors of an association must be aware of the potential for a conflict of interest at all times. This can be an especially difficult issue for directors to navigate, no matter whether the board members are appointed by the “Declarant” or elected by association members. Read more…….
High & Mighty: When Boards Go Overboard
There’s nothing worse than being a unit owner in a building and seeing someone on your board breaking a rule and seemingly getting away with it. Read more…..
Just One Big, Happy Family…? Remedies for Dysfunctional Boards
Finding the right balance of involvement between HOAs and condo boards and residents can be like maintaining a healthy relationship with a significant other—you want to be compassionate, responsive and attentive, but not too needy, nosy or aggressive. Read more……
HOA Board Should Assess Itself Each 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……
More Board Member Traits
Do you have what it takes to be a good board member? Chances are you do. If you have a mix of some of the following traits and skills, consider running for a seat on your community’s board of directors. Read more……
The HOA Board of Directors: How to Make a Positive Difference
Even though HOA boards of directors and property managers are responsible for property, the issues that arise most often are likely to be related to people rather than real estate. That makes the job more difficult, and board members have to navigate with a little finesse to succeed. Follow some basic rules and your board […]
Running your association like a successful business
Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association – it is a business and needs to be run like one. Read more…..
First-Person Narrative: Slimed and Slandered When Running for the Board
I’ve written about co-op and condo board matters for a dozen years. I served two years on a co-op board on the Upper West Side, and recently spent a year as board vice president at my current condo — which, for reasons that will be clear, I’m choosing not to identify and ask readers not […]
Five Steps to Becoming a More Effective Board Member
Being a volunteer board member can sometimes be stressful and time consuming, but before you decide to throw in the towel and never look back, make sure you aren’t the one getting in your own way! Here are a few tips for becoming more effective as a community association leader. Read More….
8 Points of HOA Governance 101
HOA governance isn’t simple or easy and, unfortunately, board members are just volunteers doing their best with too little time and too little money. I think that’s why even basic principles of HOA governance are often misunderstood by board members (and managers too). Here is some clarification of 8 frequently misunderstood issues: Read More……
Effective Steps Co-op / Condo Boards Can Take with Disruptive Members
The managing agent remembers it well. There had been an incident in a co-op she managed that caused some damage to the building. She advised the board that, based on her experience, it would not be to the property’s advantage to file a claim with the insurance company. “It was not significant enough, and if […]
Leaning In: Is there a Gender Gap on Community Association Boards?
I just finished reading Sheryl Sandberg’s book, Lean In, about women, work and the leadership gap that still exists. For those of you who don’t know, Sandberg is the COO of Facebook and her book has stirred up quite a bit of water cooler talk. Read more….
How to Overcome a Stagnant Board of Directors in Your Homeowners Association
A stagnant board of directors slows down the business initiatives of an Association and may cause the Community to lag behind comparable neighborhoods. Overcoming stagnation at an HOA requires establishing more open lines of communication with board members and seeking to identify key problems. Solving those same problems may also require the removal of board […]
Building a Better Board: Common Traits of Successful Boards
Working in groups can be a challenge. Working in groups when people’s homes—and possibly their life savings—are involved can be a far greater challenge. It’s one faced every day by those brave souls who volunteer to serve on their co-op or condo board. While there is no sure-fire recipe for building a board that is […]
Applying the Business Judgment Rule: Individual Tort Liability for Co-op & Condo Boards
Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted […]
Limits of Board Power: Use vs. Abuse – and How to Tell the Difference
Everybody sometimes disagrees with the decisions of their co-op, condo or homeowners association board. Maybe the choice to rearrange the garbage receptacles out front seems ridiculous, or the ongoing clattering of machinery on the roof is driving the top-floor residents nuts—but the board seems determined to let it fix itself. These are the kinds of […]
Tripping on Stipulations: A Condo Board Tries to Game the Bylaws … and Fails
Don’t count your bylaw amendments before they’re hatched, and watch out when attorneys suggest an end-run around homeowners trying to stick to their rights. So go, at least, the lessons in a recent case involving an Upper East Side condominium board — which lost a lawsuit against a unit-owner over the crucial, critical, monumental issue […]
Limits of Board Power: Use vs. Abuse – and How to Tell the Difference
Everybody sometimes disagrees with the decisions of their co-op, condo or homeowners association board. Maybe the choice to rearrange the garbage receptacles out front seems ridiculous, or the ongoing clattering of machinery on the roof is driving the top-floor residents nuts—but the board seems determined to let it fix itself. These are the kinds of […]
The role of an HOA Board
A Homeowners Association (HOA) is the governing body of a planned unit community, or real estate development. It’s created so that the organization and maintenance of the common areas are properly supervised. The ruling documents, which are referred to as the Declaration of Covenants, Conditions and Restrictions (CC&R’s), and the By-Laws, specify the HOA board’s […]
2013 New Year Resolutions for Directors and Residents of HOAs
For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors. Read More……
Board & Managers Responsibilities
Residents who purchase units in condominiums, townhomes and co-ops, don’t always understand the roles and responsibilities of the Board of Directors and the Property Management Firm. This checklist provides some insights.
Strategic Planning for the New Year
We all know that it is easy to get caught up in day-to-day activities and “emergencies” that command so much of our time. But we also know that, every once in awhile, it is a good idea to take a step back and reflect on where we have been, and where we are going. While […]
The Benefits of Being on the Board
Many co-op and condo owners want to get involved in their community but they soon find out that being on the board is no picnic. Soon neighbors are pestering them asking for feuds to be settled, decisions that affect all resident’s lives have to be made, and then there are the books…financial matters that have […]
To Recuse or Not to Recuse? That Is the Question an Attorney Answers
A 70-unit, eight-building condominium complex faced the issue of a board member’s personal involvement in its decision-making process. The backdrop was cigarette smoke flowing from one unit into other units — including one owned by a condo-board member. You can probably see where this going. Read More……
Fiduciary Duty: What Boards & Residents Should Know
Being elected to the board of directors of a co-op or condo comes with a great deal of power, and with that power also comes a great deal of responsibility. Whether they serve a co-op or condo community, board members, in their position of power, have a responsibility to govern and make decisions on behalf […]
Association Safeguards: A 12-Step Program to Protect You and Your Association
This article addresses those key affirmative steps a board, on behalf of the association, should take in order to protect the association. Although the needs of every community are inherently different, the following steps are applicable to every association and will help boards stay informed about the status of their associations. Read More……
Private Loans from Co-op / Condo Reserves: Good Idea? Oh, no, no, no, no
A board member wished to borrow a portion of the reserve fund for a personal business transaction. He agreed to (a) pay seven percent interest on the money, (b) repay the money within 30 days of a demand by the board, (c) execute an assignment of rental income from a rental property he owned, (d) […]
Last of the Breed (or a Total Corruption of It)
Linda Stover needs help. She’s president of the Clayton Crossing Condominium Association, which has it’s annual meeting in November, and per usual, she expects no one in the Ellisville, Missouri community to step forward and fill a vacancy on the three-person board. Read More……PDF
Board 101: What Are the Duties of a Condo or Co-op Board Treasurer?
You might reasonably imagine you know what a co-op or condo board treasurer does. He or she is like an accountant, right? Or, well, maybe a bookkeeper. It’s the kind of thing where it helps to have a degree in finance. Or is it economics? Or accounting? And it’s up to the board treasurer to […]
Are Board Members Safe?
Last week, a gunman who had a long-standing dispute with his association over deed restrictions, shot and killed one person and critically wounded a second at his association’s meeting in Louisville, Kentucky. The incident occured during an association meeting being held in a community church. This, as well as the other violence we’ve seen occuring […]
You’re Building What Next to my HOA??
Anti-Wal-Mart yard signs began appearing last month in neighborhoods surrounding the 9th and Colorado redevelopment project in advance of a public meeting on the project. If your association is faced with a potentially unwanted development next door, what is the association’s responsibility? Whether it’s a Wal-Mart or a Dollar General store, boards are often faced […]
When Leadership Means Prodding a Board to Spend Money to Save Money
Ann Gordon moved into a 122-unit co-op in the Van Cortlandt Village section of The Bronx in 1986, when her career as a maker of large public sculptures was at its peak. She suspended a gigantic green boot above a Broadway marquee and installed 30-foot-long ballet slippers on the Brooklyn Academy of Music. Although she […]
Keeping it Above Board: Avoiding Common Conflicts of Interest
One of the trickier problems to deal with when you live in a co-op or condo is dealing with board members who sometimes let the power go to their heads. Even though they are entrusted with a great deal of responsibility in the smooth running of the building, it’s vital that board members don’t use […]