Question: A newly elected board is taking over for directors that have been in charge for years. Is it time to audit the books? Read the Q&A……………………………….
Tips for winning your HOA board election
A board of directors represents the owners of a condo or HOA community. The board is made up of a group of elected volunteers who help manage the association and make decisions that preserve or enhance the value and enjoyment of the development. Read the entire article……………………………….
Combatting Unlawful Harassment with Restraining Orders (CA)
Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment. When this occurs, Board Members should consider the available legal remedies provided under both California law and their […]
Combatting Unlawful Harassment with Restraining Orders (CA)
Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment. Read the entire article……………………………….
Keys to HOA board success: the best practices of successful directors
Serving as an HOA board director can be a daunting task. The job comes with lots of responsibilities. Managing a homeowner association’s affairs often includes making tough financial decisions. Why do some homeowner association boards excel and others struggle? Many lessons can be gleaned from the best practices of successful HOA directors. Read the entire article……………………………….
Five Most Common Conflicts of Interest for Board Members
Bringing proposals for consideration from a company either owned by a Board Member or relative/close friend. According to the Professional Manager Code of Ethics, ‘Managers shall disclose all relationships in writing to the client regarding any actual, potential or perceived conflict of interest between the Manager and other vendors. Read the entire article……………………………….
Best HOA Summer Projects for Board Members
As the weather gets warmer, many homeowners associations (HOAs) are gearing up for their busiest season. There are a lot of things to do to keep your community running smoothly, and it can be difficult to know where to start. Let’s take a look at some of the best HOA summer projects for board members […]
What Templates Can Every Arizona HOA Utilize To Be More Effective?
Being a board member of an Arizona HOA involves lots of work. Plus it’s an unpaid volunteer position! Effectiveness is proactively addressing issues before they become problems and finding simple and methodical procedures that use existing assets and valuable templates to get the job done right. There is always plenty of work for the Association […]
Who Is Qualified To Be A Board Member? (OH)
A successful community association begins with the board. A competent and productive board is an integral part of that success. But who can be board members? What qualifications must board members have? Can a delinquent owner serve on the board? Even though community association boards are comprised of volunteers, those volunteers must still meet minimum […]
Onboarding Yourself as a New Board Member
Congratulations, you’ve just been elected as a member of your community association board. You are now a representative of your community and responsible for ensuring things run well and fairly for all residents and that the association meets all of its (many!) obligations. Read the entire article……………………………….
Professionals Advise, but Co-op and Condo Boards Decide (NY)
Serving on a co-op or condo board in New York City requires a surprising range of knowledge and skills. Yet every year, thousands of people who have absolutely no experience managing buildings join co-op and condo boards and are then expected to make intelligent judgments that affect the value of their (and their neighbors’) most […]
What is a Member at Large on an HOA Board? (CA)
Sometimes it’s confusing for volunteers to know and understand their place on the HOA board. Each board member must hold an officer position, but if you have a Board of Directors comprised of more than five individuals, you may have a position called “member at large.” The duties and position of the member at large […]
Condo Boards Can Make Mistakes (FL)
Condominium living has a lot of benefits. Many condominiums have socials and other activities. Associations manage amenities that might not be available in a single-family home. Someone else takes care of painting, mowing, pool maintenance and the unit owner only has to worry about the inside of the owner’s unit. Read the entire article……………………………….
How Can the Board of Directors of an HOA Be Held Liable?
An HOA board of directors has a fiduciary responsibility to the association. They’re tasked with upholding the governing documents and the rules of the association. There’s also the business judgment rule that says if the board receives expert advice on a topic, and they follow that expert advice, it provides them with a level of […]
D&O Insurance: A Rundown For The HOA Board
The leaders of an HOA community can run into all sorts of legal trouble, jeopardizing their personal assets and interests. This is where D&O insurance comes in. Read the entire article……………………………….
Essential HOA Resources and Tools for an Effective Board in Arizona
Serving on the board of a homeowner’s association can be much more time-consuming and difficult than most people expect. There are not many resources available to help save you time and effort while you figure out what to focus on and how to get things done. The Brown Law Group, PLLC provides general counsel legal […]
8 Ways to Increase Your Communication with Your HOA Board Members & Homeowners
One of the most challenging issues in every HOA is increasing the involvement of its association members. It’s their community, too, and they should be aware of what’s going on and be able to vote when significant decisions are made. However, convincing your homeowners to participate can be difficult. Read the entire article……………………………….
Bah Humbug! What to Do if an HOA Board Member is a Scrooge (CA)
There seems to be one in every homeowners association. That one HOA board member that consistently disagrees, goes against the majority, or at the very least enjoys playing devil’s advocate. Do you have a Scrooge – a mean spirited, miserly person – on your Board? There are ways you can deal with them. Read the […]
Labor and Supply Chain Shortages, Insurance Increases Create Challenges for HOAs
For more than two years, community associations have navigated challenges from the COVID-19 pandemic including decisions on wearing face masks, requiring vaccines, reopening amenities, and social distancing. Now, labor and supply chain shortages, inflation, higher insurance premiums, and rising gas prices are creating new challenges for community association leaders. Read the entire article……………………………….
What are the Qualifications for Becoming an HOA Board Member?
So you live in a homeowners’ association and want to make a difference. Participating in HOA activities is one of the nicest aspects of living in an HOA. Every homeowner, after all, is also a co-owner of the entire neighborhood. Although all members have the right to vote, the board of directors is the one […]
Staying Informed in the Perfect HOA: Board Member Education
The more time I spend with community association boards of directors (“BODs”), the more my faith in humanity is restored. Sure, we’ve all experienced the odd bad apple. But more often than not, board members like you are dedicating their time and energy into their communities to make it amazing. Read the entire article……………………………….
How to Handle Potential Conflicts of Interest (CA)
Conflicts of interest present possible liabilities that homeowners associations (“HOAs”) should do their utmost to avoid. There are issues that need to be deliberated and decided upon by the Board of Directors; however, in some situations, not all Directors should take part in the decision-making Read the entire article……………………………….
How to Welcome a New Board Member and Help Them Get Started
When a new homeowner association board member is appointed, there is always something to celebrate. Boards with active and enthusiastic members are the most lively. Every new member brings new ideas, energy, and oversight to the team. But, of course, being a new board member is also an extensive experience. It is a volunteer, a […]
Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative Defense (FL)
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections afforded by the business judgment rule even if the defendant did not plead the rule as an affirmative defense. […]
Maintaining Confidentiality on your Board (or in your Committee) (NC/SC)
Individuals who agree to serve on boards for their community associations will inevitably find themselves receiving confidential information about their friends and neighbors. This may be information about an alleged architectural violation, or an unpaid balance due to the association. Sometimes the association will receive complaints about police called to a home, only to learn […]
Board Member Retention
As a board member or community manager, you know how real board burnout is: a board member starts out their term starry-eyed and ready to change the world. But, an avalanche of homeowner calls and emails, three-hour meetings, and maintenance and repair emergencies can quickly change that – disillusioning your community heroes and destroying their […]
Shhhhhh. . . Don’t Tell Anyone—Do Your Director Communications Violate the Law? (CO)
Let’s face it, being a board member is no easy task, especially if there is discord among directors on the board. When there is distrust among directors, communication becomes funnelled, selective, and exclusionary. But is this type of communication really in the best interests of the community? And even more so, is it legal? Oftentimes, […]
Board Member 101: Best Practices (IL)
Board members who are elected to represent their condominium, homeowner (HOA), and townhome community association carry a weight on their shoulders to ensure they are acting in the best interest of their fellow neighbors. Read the entire article……………………………….
Prepare Your HOA for Spring
Dreadful winter months are coming to an end. Everything is springing up, and so should your community too; the flowers are budding, the green leafy environment is returning, and people are spending less time indoors. However, early preparation is paramount if your HOA will enjoy the warmer months ahead. Read the entire article……………………………….
The Fundamentals of Serving on your Association’s Board: Part 1 (NC)
Serving on your community association’s board of directors can be a complicated job, especially if you haven’t received the proper resources and training needed to carry out your duties. But, just as with most things in life, a little bit of education will go a long way toward making your time as a community leader […]
Condo questions: Can a director’s company be awarded contracts? (FL)
Q: Our homeowner’s association recently decided to look for a new landscaping company and requested bids from various vendors. One of these companies is owned by one of our directors. Read the Q&A………………………………….
7 Ways Boards Can Help Homeowners Follow HOA Rules
There’s a fine line between enforcement of rules and fostering community bonds. Often homeowners will perceive Board Members as being too harsh and unruly when enforcement is too strict or communication is poor. Boards may sometimes become exhausted with having to deal with owners breaking rules repeatedly. When problems arise, and one particular rule/regulation is […]
Conflicts of Interest – Recognize Them Now to Avoid Problems Later
If you live in a condo or a co-op, you most likely have heard the term fiduciary duty, usually in reference to the responsibilities and obligations of board members and management. But what is a fiduciary duty? In essence, it’s a legal relationship between two parties that gives one party the right to act and […]
HOA Board Members Beware: How Can Arizona HOAs Deal with Problematic Homeowners
Even seasoned board members can be daunted by the most difficult part of their volunteerism, managing the owners. Many a meeting has fallen to chaos when the Board did not take management initiative. What started as an opportunity to share opinions and ideas became nothing more than an embittered imbroglio of discontent. Read the entire […]
Top 5 Things Board Members Should NOT Do in 2022 (CO)
It used to be that I would periodically field questions on financial problems due to inadequate reserves. Today, I am constantly preparing special assessment letters, reviewing loan documents, drafting reserve study policies, and generally advising on all questions related to associations experiencing financial crisis. Why? Because board members don’t have a reserve fund or have […]
Fiduciary Duties Of HOA Board Directors
When a person is elected to be an HOA Board Director (“Board Director”), such person is likely aware that they will be acting as a volunteer to lead the Association as part of a Board of Directors group. What they may not consider is that they are taking on fiduciary duties, which many times are […]
Condo questions: What are newly-elected board members’ responsibilities? (FL)
Q: What are new condominium and HOA board members required to do after being elected? Read the Q&A……………………………………..
HOA boards have important role to play in communities (NV)
In the last two columns, I have talked about the roles of the homeowner and the homeowners associations’ management companies. Finally, we come to the role of the board of directors. By law, this role encompasses such legal terms as fiduciary obligations, duty of care, application of business-judgment rule, good faith (Nevada Revised Statute 116.3103). […]
Dine In, Take Out: Can Board Members Socialize? (MN)
Over the past week, I have had several association presidents contact me to ask if it is permissible for directors to socialize outside of Board meetings. On one case, the president and two new directors have been close friends for over a decade, and meet for lunch monthly. In another, the Board wanted to host […]
Fiduciary Duty and Your Board (IL)
When an owner agrees to serve on a condominium board, one must recognize that they take on additional legal responsibilities and obligations. On the other hand, when electing board members, you expect them to be on their best behavior and think of the needs of the property and the people who live there when making […]
Participation is required for HOA members, boards (NV)
I have had so many conversations with new homeowner association board members and how they work with homeowners and management companies and how they see themselves in their roles. I thought I would address this in a series of columns. Read the entire article……………………………….
Condo Board is Required to Enforce the Rules (FL)
Florida’s condominiums are governed by both Florida’s Condominium Act and their own Declaration of Condominium and rules. The Act’s requirements must be followed by all condominiums. Each condominium is governed by separate rules and regulations unique to that condominium. Read the entire article……………………………….
Five New Year’s Resolutions for Your Community Association
Communities around the world experienced enormous challenges in 2020, but as the new year begins, there is optimism for a brighter, more predictable future. Communities may now work towards a successful future after learning from the lessons of 2020. In doing so, it’s critical to commit to doing the things that will position your community […]
The Business Judgment Rule (CO)
The Colorado Court of Appeals recently issued a decision confirming that a board of directors that reasonably interprets a validly adopted rule or regulation of the association is protected from liability. The crux of the decision is this: Read the entire article……………………………….
Condo directors should control budget (MI)
Q: There are some members of our condo association who want to be able to vote on the budget, any increases in annual assessments, and any additional assessments. While we believe in democracy and want to promote inclusiveness in our association, are there risks associated with allowing this? Read the Q&A……………………………………
President can resign office, yet stay on board (IL)
Q: The president of the board of directors of our condominium has mentioned she may resign as president because of the increasing demands of her regular, full-time job. Can she resign as president and remain on the board, or must she resign from the board as well? Read the Q&A……………………………………..
Recruiting Directors In Your HOA
From time to time, it is necessary or desirable to recruit new directors. It may due to a vacancy or an upcoming election. Often volunteers are reluctant to commit until they fully understand the scope of the job and time commitment. Here is a sample solicitation letter that outlines director duties: Read the entire […]
HOA New Year’s Resolutions That The Board Should Focus On
The year 2021 is coming to a close, and a new year often means turning over a new leaf. For homeowners associations, it can also mean doing things better. What are the best HOA New Year’s resolutions that boards should make? Read the entire article……………………………….
Prepping for 2022: Helpful Community Association Planning Tips
Doesn’t it always seem like time speeds up near the end of the year? Between wrapping up final projects and preparing for the holidays, a new year is upon us quicker than you can say auld lang syne. Read the entire article……………………………….
Does an HOA Have to Have a Board?
Many individuals question, “Does an HOA have to have a board?” The simple answer is yes. An association cannot function without one. They play an integral part in ensuring the HOA operates efficiently, effectively, and transparently. Read the entire article……………………………….