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……………………………….
A Guide To HOA Board Responsibilities
Serving on the board of a homeowner association is a high calling. Well meaning volunteers are elected to roles that are critical to the well being of the HOA. But what exactly is a board member supposed to do to fulfill this charge? Here’s a handy guide: Read the entire article……………………………….
12 Items Your Board Should Review Every Year
As the end of the year approaches, some obvious to-dos come to mind, like holiday planning. But every condominium community has many moving parts, and it’s easy to lose sight of the smaller tasks that should be addressed annually. It’s essential for community leaders to make sure all details are accounted for and correct to […]
HOA Board Mass Resignation: What Happens Now?
It is not uncommon for a board member to step down from their position in a homeowners association. But, what happens if all HOA board members resign simultaneously? Is an HOA board mass resignation even permitted? Read the entire article……………………………….
Tips for Setting HOA Board’s Annual Goals
Every Homeowner’s Association has a fiscal year to evaluate the previous year and set goals for the coming year. The plans can address a variety of topics, such as community enhancements and communication. Read the entire article……………………………….
Don’t Sweat the Threats (parts 1-4)
This is a four part series that explores the protections the law provides for those who serve their communities as association directors and officers in North and South Carolina. Part 1 – The Business Judgment Rule Part 2 – Director & officer Immunity Part 3 – Director & Officer Indemnification Part 4 – Director & […]
HOA’s Board Code of Conduct
As a member of a volunteer homeowner association board, it’s important to codify the goals and behaviors an effective director should strive for. It not only serves as a constant reminder for those that are serving but can also help screen out director candidates with hidden agendas. Consider adopting something like this: Read the entire article……………………………….
A condo board’s guide to fixing people problems
If the police are called to break up a fight at a board meeting, most directors will recognize that a problem has been allowed to escalate overtime. Fortunately, most condo boards will never find themselves in a situation such as this. Still, many other less dramatic yet problematic situations can go unrecognized and, if not […]
The Day-to-Day Politics of Serving on an HOA Board
While there are many aspects of serving your community, the position of a board member is an inherently political one simply because you’re constantly trying to create community cohesion and buy-in for your policy changes. Today, we’ll cover the various ways politics intersects with serving on an HOA’s board of directors. Read the entire article……………………………….
Confessions of a Condo Board Director
Soon after the Miami condo building collapse, a former South Florida condo board director offered an insider view of being a volunteer director that appeared in The Independent (a UK publication). Condo directors can relate to these challenges and condo owners may be surprised to read of how some condo boards operate. Read the entire […]
Conflicts Kill Business Judgment Rule Protections
Conflicts of interest can strip board members of the protections they otherwise might have under the business judgment rule. A case involving a California HOA recently drove that point home (Coley v. Eskaton). Read the entire article……………………………….
5 Reasons Why HOA Board Training Is Critical
Members of the board of directors of a Homeowners’ Association (HOA) are crucial to the organization’s success. These obligations include everything from developing an annual budget to enacting and enforcing property owner rules. The board members are chosen by the HOA property owners and may have no prior expertise with annual budgeting, maintenance responsibilities, or […]
How Serving on Your HOA Board Benefits You
Maybe you’re new to living in an HOA community, or maybe you’ve lived in one for a long time and think it is time to get more involved. Either way, you’re probably wondering if you have what it takes to serve on an HOA board. You might be surprised to learn that most HOA board […]
3 Safety Measures Condominium Boards Should Take Today (NC/SC)
The tragic collapse of the Champlain Tower South in Surfside, Florida, in June 2021 has condo owners and boards of directors across the U.S. questioning the safety of their own communities. Ninety-eight people died as a result of the collapse, bringing scrutiny to the legal requirements and standards related to the ongoing maintenance and structural […]
A Board Member’s Guide to Fiduciary Duty
When a candidate accepts their election to the board of directors, they take on a number of duties that come with a set of risks. We always recommend that each association provide great insurance coverage for their board members and access to the education they need to help prepare them to successfully carry out their […]
How to Increase Owner Involvement (OH)
Getting owners involved in your community association may not be easy. Apathy or indifference is an issue most boards will experience at some point. While increasing owner engagement in the community may seem like a difficult task, the benefits of doing so are worth it. Active and engaged owners can help the board understand concerns […]
Breach Of Confidentiality In The HOA: What To Do?
A breach of confidentiality in HOA communities is a serious offense, and one that can come with significantly dire consequences. If you encounter such a problem in your association, it is important to know how to proceed. Read the entire article……………………………….
Important Items Your Board Should Review Every Year
There are many different responsibilities for every homeowners’ association, and all the moving parts can lead to the board missing some critical tasks that should be reviewed annually. You want to account for as many details as possible when preparing for the new year, as it will best prepare you and your community for success. […]
What Is A HOA Board Member Holdover?
An HOA board member holdover does not often happen. But, when it does, community members typically don’t know how to proceed. What exactly should you do when a board member’s term extends? Read the entire article……………………………….
HOA Board Member Requirements
An effective Board of Directors is critical to the success of any HOA. Board members should be reliable, ethical, and dedicated. They should also show good leadership, communication, and organizational skills. However, it often takes more than just these desirable qualities to select a qualified board. HOAs must also consider state statutes and association bylaws […]
How to Remove an HOA Board Member
HOA board members must work together and promote the community’s best interest. Disagreements between board members or between their membership are common and not necessarily a cause for alarm. If you have a board member, however, who fails to fulfill their role, acts against their fiduciary duty, or commits a fraudulent act, it may become […]
HOA Homefront: 6 reasons to stay in your HOA lane (CA)
Last week’s column reviewed the roles and boundaries of each HOA team member. While sometimes it can seem frustrating for volunteer leaders to adhere to their role as directors, there are at least six reasons to do so. Read the entire article……………………………….
Preventative Maintenance – Board Member Perspective (CO)
We all know it’s not so fun to spend money on those pesky community projects that don’t have a big wow-factor. The pretty projects are fun, but predictive maintenance is often the most valuable. It can be much less stressful for leadership to avoid maintenance topics that create tension among your community members. It might […]
HOA Homefront: Boundary basics for HOA team members (CA)
For many years, advising associations was at times very stressful, as boards would sometimes disregard my best advice for them. However, a defining moment in my HOA law career came when I realized my role is to tell the board the truth and provide to them my best advice, but compelling the board to follow […]
5 Methods the HOA Board Can Use to Improve Homeowner Experience
As more people demand to live in a homeowners’ association (HOA), there is an ever-growing pressure for the services to improve or maintain the high standards already set. Impeccable HOA services help improve the standards of property maintenance, provide the necessary amenities for the residents, and create an avenue where the residents’ concerns can be […]
Interim HOA Board: Should Vacant Positions Be Filled Immediately?
It is hard to pin down a single definition of an interim HOA board. On one hand, it makes sense to say that all boards are interim because members only hold office for a fixed term (typically one year). But, it could also point to a board member with a specific position assuming the role […]
Heading Back To Class: The Importance Of Board Member Education (NC)
There’s no doubt that most community association board members are well-educated people who have spent years in various professions. And most likely, the education you received specifically prepared you for whatever career path you chose. But, now you’re on your HOA’s board and perhaps finding you don’t know everything about your role as a volunteer […]
10 Habits of Successful Community Associations
Community associations are unique entities, and the Boards that lead community associations fill unique roles. In our experience, the most successful Board members have strong integrity, reasonable judgment, a willingness to serve and are committed to the best interests of the community. Read the entire article……………………………….
7 Mistakes HOA Boards Should Avoid Making (NC)
Serving on your community association’s board is a tough job, regardless of whether you’ve done it before or not. And, unfortunately, there are some mistakes that board members can inadvertently make that end up causing the association a world of trouble. Here, we’ve listed seven of the more common mistakes that board members can make […]
What Is An Illegitimate HOA Board?
Due to concerns over not being able to hold elections, many associations are facing an issue over something called an illegitimate HOA board. But, what exactly makes a board illegitimate? Read the entire article……………………………….
HOA Board Fatigue: Is Your BOD Too Tired?
HOA board fatigue is a real phenomenon that many community associations experience. But, what exactly are the symptoms of board fatigue? And how has the pandemic contributed to its rise? Read the entire article……………………………….
Setting Up HOA Goals the SMART Way
For any professionally-run community association, goal setting is an annual task. First off, one of the roles of a community association is to improve the community through fresh ideas, coming up with achievable goals, and putting in measures to ensure all the community’s goals have been achieved. Read the entire article……………………………….
After Surfside Collapse, 6 Crucial Steps Every Condo Board Should Take Today
Condo association managers have a tough job juggling residential politics and balancing homeowners’ requests and budgets at the same time. Most of their tasks are mundane, such as enforcing guest parking rules and making sure people pick up after their pets. When things run smoothly, no one notices the work they’re doing behind the scenes. […]
7 Mistakes HOA Boards Should Avoid Making (NC)
Serving on your community association’s board is a tough job, regardless of whether you’ve done it before or not. And, unfortunately, there are some mistakes that board members can inadvertently make that end up causing the association a world of trouble Read the entire article……………………………….
Random Red Flags (CO)
Sometimes we get so used to doing things the way we’ve always done them; we don’t notice (or know to notice) that something is off. In an HOA context, red flags are often missed because they are legal in nature and hidden in the course of ordinary business. Read the entire article……………………………….
Eye For Compromise In Your HOA
One of the vexing issues a new board has to contend with is lax enforcement of owner additions and modifications by former boards. Lack of enforcement often results in non-compliant decks, fences, sheds and other creature comforts. The violators sometimes claim they got verbal approval from the developer or some long gone board president. Others […]
Smart Ways to Maximize Your HOA Time as a Board Member (NJ)
As a board member in an HOA, managing your time equally can be a challenge. With so many tasks for you to accomplish, determining which ones to do first can cause daily struggles. That’s why it is vital you maximize your HOA time for greater productivity. Read the entire article……………………………….
Ask Mary: Here Are the Answers for a Tsunami of Asks (NY)
Dear Mary: In my condo, we have a few unit-owners who are always asking for things that go against the building’s rules or policies. Sometimes the requests involve local laws or other guidelines. How can we deal with this time-consuming tsunami of “asks”? Read the Q&A…………………………….
The Fear Of Change In Your HOA
There is an expression, “If you ever truly want to understand something, just try to change it.” When a new board takes charge, pumped full of ideas and enthusiasm, it’s often met with resistance. Do these sound familiar? Read the entire article……………………………….
Maintenance and Safety in Community Associations (IL)
Board members have a duty to maintain and improve property values within their condominium, homeowner (HOA), and townhome associations. Read the entire article……………………………….
The Role of the Board of Directors
A homeowners association is the cornerstone of a planned community. When run properly, it brings continuity, preserves architectural integrity, maintains common areas, protects property values, and promotes the concept of “community.” Every association should be responsible for its assets and operation in accordance with state laws and the community’s governing documents. Read the entire article……………………………….
5 Ways To Handle a Resident Complaint About HOA Violations
As an HOA board member, you will constantly be confronted with complaints about one issue or another. Like any other shared community, misunderstandings among HOA members are bound to arise. And for this reason, board members must have an established system of resolving disputes to create a habitable environment and avoid conflicts with the law. […]
After Devastating Fire, Condo Board Is Sued Over Insurance Coverage (NY)
Many co-op and condo boards are becoming aware of the need for air-tight liability insurance to protect them from the blizzard of personal-injury lawsuits generated by the state’s Scaffold Law. But a case now wending its way through the courts illustrates the equal importance of adequate insurance coverage for the building itself. Read the entire […]
Community organizations are only as strong as their boards (CO)
Nonprofit organizations and community districts/associations play an important role by providing critical services that not only contribute to economic stability but fill important niche services that improve our quality of life. These organizations, associations, and special districts are often run by volunteer board leaders — think nonprofits, metro boards, recreation boards, property owner associations, town […]
The Top Ten Reasons You Should Get More Involved in Your HOA
While it is not mandatory to be a member of your HOA board or to attend every meeting your HOA board has, there are some real benefits to becoming more involved. Whether you choose to do so regularly or just when you have a specific idea to share, here are ten great things you can […]