If you live in a condominium association, you may see signs encouraging residents to run for a board member position. Being on a condo association’s board is incredibly important, as you are part of a group elected and responsible for the property, business of the condo, and ensuring bylaws are followed and community members are […]
What Makes A Good HOA Board Member?
Homeowners Associations (HOAs) are a great way to bring together community members and ensure that the community thrives. As with any organization, the HOA board is responsible for making decisions to help the association succeed. The best way to do this is to have a team of competent, engaged, and passionate board members. Read the article………………………..
The Benefits of Board Education (CA)
In the State of California, most HOA’s are non-profit corporations managed by a board of directors composed of volunteer homeowners elected by the membership. Boards derive their authority from the governing documents including the Articles of Incorporation, Bylaws, and Covenants, Conditions, and Restrictions (CC&Rs) that impose rules and restrictions on the use of property within […]
Board Decision Making and the Business Judgment Rule
We have recently spent some time focusing on the role of an Association’s board of directors as the entity designated to make decisions for the Association, the fiduciary duties of board members in making those decisions, and adoption of policies and standards for association governance to help make sure those duties are met and to […]
Boston Condominium Association Prevails on Summary Judgment Based on Business Judgment Rule Concerning Insurance Shortfall (MA)
A recent summary judgment decision issued by the Suffolk Superior Court has endorsed the employment of the business judgment rule in assessing the decisions of a condominium association concerning the amount of insurance maintained. In Joseph Cimino v. Lynn Ornstedt et al., Suffolk Superior Court Civil Action No. 1984CV01991, the Court allowed the condominium association’s […]
IN VIRGINIA MEMBERS SHOULD HAVE TWO WAYS TO COMPLAIN – (BUT WAIT UNTIL AFTER THE HOLIDAYS!)
We have observed that there are some association boards which are not aware of a distinction between state law requirements and necessary internal procedures for complaints. In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of […]
7 Things Every First-Time Board Member Should Do
Becoming a member of a homeowners’ association (HOA) board of directors is an exciting and rewarding opportunity. You’ll play an integral role in maintaining and enhancing the neighborhood, financial planning, and regulation enforcement. You’ll also collaborate with other board members to ensure residents are represented and informed. Read the article………………………..
Board Member Terms and Staggering Elections- Getting It Right to Benefit the Community (OH)
Community association owners may not fully appreciate how the length of time board members serve on the board and staggered elections can directly impact the community. Making sure the governing documents for the association provide for longer board terms and staggering elections are necessary tools for efficient and effective community associations. Read the article………………………..
HOA Board Members Ethics Model
Leaders of organizations, corporations, and governments should abide by a set of ethical standards when performing their duties. This also applies to volunteer leaders of homeowners associations. Here is your guide to HOA board member ethics. Read the article………………………..
Upset Community Association Members? Here’s What to Do (NC)
Board members often face complaints from property owners about things that aren’t against the community’s rules. This can be difficult for the board to handle because they may not be able to help resolve the issue. In this blog post, we will discuss some things board members can do when they receive complaints about something […]
Managers and Board Members: Tips to Survive Holiday Stress
It’s very easy to become overwhelmed this time of year. Stress affects everyone differently, but here are some tips to help managers and their communities effectively deal with this very busy season and the conflict that often arises. I hope they help you manage the stress of the holiday season and help you to have […]
Boards & Bylaws Part III: Board Membership and Terms
Your bylaws set the size or your board (unless otherwise set forth in your Certificate of Incorporation), either as a fixed number or as a range. But what is ideal? In general, Plan A recommends that your board should be big enough to populate every needed board committee so that each committee has a minimum […]
Boards & Bylaws Part II: Mission and Board Role
This multi-part series will help nonprofit executives and board members consider revisions and amendments to make your bylaws more congruent with the way your nonprofit actually operates, improve governance, and ensure compliance with current law. Read the article………………………..
Boards & Bylaws Part I: All About Bylaws
This multi-part series will help nonprofit executives and board members consider revisions and amendments to make your bylaws more congruent with the way your nonprofit actually operates, improve governance, and ensure compliance with current law. Read the article………………………..
Conflicts of Interests: What Community Association Directors Should Know
Are you a director on your community association executive board? If so, you may be wondering about conflicts of interest. When do you as a board member have a conflict of interest? Read the article………………………..
Who Can Serve On The Condominium Board? A Simple Question With Many Variables (MA)
As many board members and property managers know, we are currently in a season where many condominium associations hold annual meetings. With each of those annual meetings generally comes an election for members of the condominium board. When a board is approaching an election, management and board members must be clear as to who is […]
Tips for Preventing Burnout in HOA Board Members
When you are on an association board, it can seem like a lot of work to keep up with your responsibilities as a board member. These duties can pile up, and for some people, they can be downright exhaustive. Sometimes, you may feel it takes away from your family time, and other times even time […]
HOA Board Conflict: Can An HOA Management Company Intervene?
Every now and then, an HOA board conflict will arise. When that happens, what should the HOA management company do? Should the company even intervene in the first place? Read the article………………………..
Best Practices For Homeowner Association Directors and Boards (NC)
Community associations are governed by a board of directors, which is typically comprised of volunteers from the community who are elected by their fellow owners. The board of directors manages the corporate affairs of the association, and as a result, it can often become a lightning rod for dissatisfied owners. This can lead to individual […]
Understanding the roles of the HOA board in Maryland
If you live in a community with a Homeowners Association (HOA), you are probably familiar with the board. They may have told you to pay fees, abide by the set laws in that community and so on. To understand why this is the case or why they have such powers, you need to know the […]
The Top 10 Terms all HOA Board Members Should Know
If you are a board member of a homeowners association, it is important that you know the terminology that is used in the industry. This will help you make informed decisions and communicate better with your fellow board members and community managers. Read the article………………………..
Cheat Sheet: Why HOAs exist, and the role of the board
According to The Banks™, the US has two categories of housing: (1) owner occupied, Mom, Dad and the kids in the house they own, and (2) rental, roughing it with the poors in overcrowded tenements. This view is a gross oversimplification—obviously—I grew up in suburbia but now live in a big city, where plenty of […]
8 Steps to Make it Easier to Attract People to the Board of your HOA or Condo
Is it difficult to get homeowners at your HOA or Condo to volunteer for positions on the Board? Are you a Board member who feels like you are stuck having to stay in your role since no one else will volunteer? This doesn’t have to be a “life sentence”. You can make it easier to […]
Indemnification: Protecting Board Members (OH)
For many new board members who are trying to get up to speed on their duties and obligations, few things could be as important as reviewing their governing documents to ensure they contain comprehensive indemnification provisions. No board member wants to be in a position of serving on the board with the possibility of being […]
Understanding the Role of an HOA Vice President
A vice president serves as the second-in-command of an HOA. Vice presidents are more than just figureheads; they’re important positions and can hugely impact the culture and success of the organization they work in, good or bad. Read the article………………………..
Better Board Involvement: Getting Residents on Board (Literally)
Even among otherwise conscientious, community-minded condo, HOA, and co-op residents, the idea of running for and serving on their board often ranks somewhere between taxes and dental work on their list of things to look forward to. It conjures thoughts of endless meetings…arguing about the minutiae of vendor bids…confrontations with neighbors unhappy with board decisions…gossipy […]
Emergency powers for community associations (FL)
Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process is only beginning. Read the article………………………..
DIRECTORS’ STATUTORY STANDARDS OF CONDUCT—PROTECT YOURSELVES FROM LIABILITY! (CO)
When it comes to director duties and obligations, people throw around lots of terms, such as “fiduciary”, “duty”, and “best interests”. But rarely does anyone reference a specific statute, or specific language, in a statute addressing board duties. Read the article………………………..
Good Governance of Residential Associations: Board Member Codes of Conduct
An Association’s board of directors plays a fundamental role in a residential community, and, even though much of the day-to-day operations of running the Association may be delegated to a professional manager, a well-functioning board is indispensable to a well-functioning community. Read the article………………………..
When a Board Goes Bad The Cure: Get Involved (NJ)
Board responsiveness and transparency are critical components in the good governance of co-op, condo and HOA communities. It’s the responsibility of the board and its members to act on behalf of the community – a legal obligation known as fiduciary duty. Read the article………………………..
Becoming a high impact board member in your home owners association (VA)
Today, it is estimated that over 60 million people are living in one of the 300,000 community associations in America. Of those residents, nearly 2 million serve in HOA boards to manage their association, according to the Community Associations Institute (CAI). Read the article………………………..
5 Tips for Filling Vacancies on Your HOA Board
Volunteering to serve on the board of directors is one of the most impactful ways to improve your neighborhood. . Although joining a board of directors might look daunting, it can be well worth the effort and commitment. Read the article………………………..
The Handbook of Board Governance
What is the first order of business for a board? When should directors ask questions? What is a competent director? How important is an effective chairperson? The answers to these questions and more are contained in the big, heavy, “suitable for use as body armour” textbook I had to read called “The Handbook of Board […]
Board of Director E-mails as Official Records Revisited (FL)
Last year we published an article titled “Should Board Member E-Mails be Maintained in the Official Records?” Spoiler alert: the article concluded that based on previous Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes (“DBPR”) rulings, the answer largely depended on whether emails that related to the operation of […]
Why you should serve on your condo board. Really (MA)
Volunteer work may conjure images of philanthropy and gestures of goodwill, but in the case of volunteering to sit on a condo board, those in the know say it’s more like being a human punching bag. Read the article………………………..
School is in Session: Does Your Board Need Education? (CO)
As a board member and/or homeowner, you have an incredible opportunity to make a difference in your community. But your role as a leader is only as effective as the knowledge you bring to the table. While there are no guarantees that your neighbors will agree with each decision made by their HOA Board, keeping […]
GETTING VOLUNTEERS FOR THE BOARD: HOW DO YOU MAKE A THANKLESS JOB THANKFUL?
Is it my imagination or are people getting less patient, more critical, more demanding, and less understanding? It seems over the last few years boards have been criticized and admonished more, while being appreciated and understood less. No wonder it’s becoming more and more difficult to fill board vacancies. After all, why would someone volunteer […]
Understanding How HOA Boards Make Decisions
An association’s board of directors makes many important and necessary decisions on behalf of their community association. Generally, the board of directors is made up of elected individuals who reside within the community. However, during the development and sale period, members are usually appointed by the developer in the early days of the association’s formation. […]
Units condemned & hearing scheduled after action taken against Downtown West condo board members (MO)
St. Louis Police say the city attorney’s office gave Ely Walker’s five condominium board members, Anshul Sathyan, Poppy Cao, Bill Richmond, Kyle Hennessey, and Sid Chakraverty, a cease and desist order months ago. However, after residents called 911 for help more than 60 times in 60 days, board members now have a summons for failure […]
Is It Safe To Run For The Board? Broad Protections Afforded To Directors In A Litigious Age (MI)
The vitality of community associations is directly related to the quality of its volunteer board of directors. However, in this litigious age, potential directors may be concerned about the personal liability faced when their every decision may be questioned by countless other members. Confronted with that daunting prospect, interest in serving on the board may […]
Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership
The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]
Tips for HOA boards on dealing with increasing demands from homeowners
It’s not just your imagination. Homeowner demands are increasing, and unfortunately, the hours in your day are not. If you and your board are starting to feel overwhelmed by emails, calls, and verbal requests, we’ve got some ideas to help your team succeed. Read the article………………………..
HOA 101: Understanding the Role of the Vice President
A critical part of any homeowners’ association (HOA), the board of directors ensures community guidelines are followed, the neighborhood is maintained, and improvements are funded and supported. In short, the HOA board is there to better the community on behalf of its residents. Read the article………………………..
Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership
The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]
HOA Board Basics: Everything You Need To Know (NC/SC)
Serving on the HOA board is a challenging yet rewarding job. To ensure that you fulfill your role effectively, it’s essential to understand the HOA board basics. Read the article………………………..
Fiduciary Duties of Directors and Officers
When a homeowner gains election or appointment as a director or officer of a corporation, they become a fiduciary for the corporation, and undertake duties to the corporation, and ultimately to the members it represents. Read the article………………………..
Fiduciary Responsibilities for Board Members of Condo, Townhome and Homeowner Associations (IL)
Volunteering to serve on the board of a community association is an opportunity to help in a way that can significantly improve the quality of life of all the homeowners. Board members have a significant amount of authority and can raise assessments, approve special assessments, improve the grounds and curb appeal of the association as […]
Fiduciary Responsibilities for Board Members of Condo, Townhome and Homeowner Associations
Volunteering to serve on the board of a community association is an opportunity to help in a way that can significantly improve the quality of life of all the homeowners. Board members have a significant amount of authority and can raise assessments, approve special assessments, improve the grounds and curb appeal of the association as […]
How Co-op and Condo Boards Can Avoid Conflicts of Interest (NY)
Most co-op and condo governing documents underscore that self-dealing by board members is prohibited. However, there are some important practices to employ to further prevent any claims of a breach of fiduciary duty, Brick Underground reports. Read the article………………………..
What Gives an HOA Board Their Authority? (CA)
Homeowners associations are like little governments. They have an HOA board of directors that govern and oversee the association and that Board does have some powers. But where does the Board get these powers and authority to enforce their documents and rules? Read the article………………………..