An HOA Estoppel is used to provide all fees that must be collected upon the successful closing of a resale property. The Estoppel is often also referred to as a demand statement, certificate of assessment, a resale statement or a closing statement and the name of the document will vary by state. Read the entire […]
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……………………………….
HOA Liability for Neighbor-to-Neighbor Disputes & Harassment (CA)
It is never pleasing to see how your neighbors have disputes with each other. This not only disturbs the comfort and peace of the community but also creates an overall tense atmosphere. The case is especially true for residents within the area of the homeowner’s association (HOA). Read the entire article……………………………….
Is It Time to Electrify? (NY)
You’re on your coop or condo board and you keep hearing about electrifying buildings. What is the buzz about heat pumps and where do you start? For decades, NYC building owners, property managers and coop and condo boards have been recommended and incentivized to switch from oil to natural gas. The energy efficiency codes are […]
What You Need to Know About Lien Priority Under the Michigan Condominium Act
The Michigan Condominium Act provides that sums assessed to a co-owner’s unit constitute a lien on the unit at the time they are assessed. If condo assessments remain unpaid, condominium associations typically record a notice of lien against the subject unit to perfect the security interest and put others on record notice. At a minimum […]
8 Characteristics of a Great Board/Management Company Relationship
There are seminal moments in our lives and careers. One of mine was circa 1985. I bumped into a board member of a condominium for whom my maintenance company had completed some projects. The question she asked me that lovely spring day on a bustling city sidewalk 35 years or so ago changed the way […]
HOA grants
Did you know that your HOA might be eligible for a grant? A grant is a sum of money given by an entity (grantor), often a government body, charitable foundation or a specialized institution, to an individual or group (grantee). Read the entire article……………………………….
Community Association Management: Frequently Asked Questions
Community association management — a lot of people come across this term but don’t quite understand what it means and what it entails. If you want to find out, keep on reading.Read the entire article……………………………….
Workers Comp Insurance: Why Your HOA Board Needs It
While it may not seem important at first glance, workers comp insurance is something that every homeowners association should have. This type of insurance policy is essential even if the HOA itself does not have any employees or workers. Read the entire article……………………………….
Your Guide to HOA Finance, Accounting, and Budgeting
Keeping the association in good financial standing is one of the most important duties of an HOA board. Poor HOA financial management can have lasting consequences, so it’s crucial for board members to understand the basics of association finance. In doing so, they will know how to properly manage community funds and ensure the continued […]
Is Towing an Option for Parking Violations (OH)
Having enough parking spaces and getting owners, residents, and guests to follow the parking rules can be a major issue for many community associations. Towing a car is an effective way to get drivers to comply with the parking rules, but what authority does a board have to tow cars that are parked in violation […]
How Is Inflation Affecting HOA Dues?
Homeowner dues are not fixed rates. These dues can go up and down depending on a number of factors. While a decrease in dues is not always noticed, homeowners are usually alarmed when they are faced with the opposite. More often than not, inflation is the culprit behind an increase in HOA dues. Read the […]
Florida’s Safe Harbor – Calculating Bank Liability for Delinquent Assessments After Foreclosure of Multiple Condominium Units
The real estate market has seen a tremendous influx of large companies purchasing multiple units and lots within an association, and addressing delinquencies that began prior to transfer of title can be complicated. Just as Florida statutes layout the process by which associations can collect unpaid assessments from current owners, it also regulates how outstanding […]
Guam: Everything Real Estate: How a Homeowner’s Association works
Sandy Gould Yow and Duane Pahl share their expertise on Everything Real Estate once a month in their published column, and weekly on the PDN website with a video discussing a real estate topic. Read the entire article……………………………….
The Best (and Worst) Neighbors in America: New Survey Spells it All Out
The results of a recent study conducted by digital real estate marketplace HomeAdvisor reveal that Americans relate to and interact with their neighbors very differently today than in decades past. Read the entire article……………………………….
What Does The Code Of Ethics Mean For HOA Board Members
A code of ethics usually referred to as a code of conduct, is much more than a set of rules. The code of conduct of HOA board members explains the key elements you must follow and informs you when you have crossed the line. Read the entire article……………………………….
Maintaining Aging Buildings – Older Structures Have Special Concerns
Nothing lasts forever, even with good maintenance—including most building components. Exterior elements are perhaps most subject to wear and tear in any climate. Their construction and material type dictate their maintenance needs and repair schedules; masonry façades clearly have different needs than wood or clapboard fronts. But with a good care program and a bit […]
Building Inspections – Up & Down, Inside & Out
Car owners know that in order to operate their vehicle legally, they must have it professionally inspected every year. An older car might need some relatively minor repairs or adjustments to bring it into compliance with state emissions requirements, but for most, getting that mandatory approval sticker is a simple, inexpensive, predictable process that takes […]
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……………………………….
Laying the Groundwork for the Perfect HOA: Your Governing Documents (UT)
“The Perfect HOA.” What a concept, right? To say the “perfect” anything exists is already a bit of a stretch. (Unless we’re talking about the perfect midnight snack because I think we can all agree that it’s double-stuf Oreos and milk!) So the idea of perfection in something as complex and challenging as a community […]
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 […]
Why Do So Many HOAs Fail To Properly Plan For Predictable Expenses?
A fortune teller asked me to gaze into her crystal ball. “I see wear and tear in your condominium’s future. I see a new roof will be needed. I see cracking paint and asphalt in need of repair. I see (gasp!) no money to pay for these things!” Read the entire article……………………………….
Out of Control Homeowners, Help Please! (AZ)
“Help! What can our HOA/condo do to make this homeowner STOP?! We have a homeowner that is verbally abusive, the name-calling is offensive and vulgar – we feel harassed!” You often hear us say, serving on your association’s board is a thankless job – and, many of you know this firsthand! Read the entire article……………………………….
What Is a President-Elect?
Because bylaws sometimes have a position called “President-Elect,” I am occasionally asked about the precise responsibilities of the office. A question back has to be “What responsibilities do the specific bylaws provide for the office?” That’s because there is no standard list of duties for a President-Elect in Robert’s Rules of Order Newly Revised, as […]
Condo violation letters
When it comes to rule enforcement and violations, it seems that HOAs are always the topic of discussion. But condo developments are required to enforce rules and bylaws as well. In fact, it’s imperative that violations are promptly addressed in condo buildings. While a noisy neighbor may impact one household in a neighborhood of single-family […]
Prevent Automatic Contract Renewals in Service Contracts (OH)
Community association boards execute contracts on the association’s behalf with various types of contractors to maintain, repair, and replace their associations’ common elements. Project specific contracts involve a contractor completing a particular project, for example, replacing the roof of a building. Project specific contracts should always include a start date and completion date requirement. Read […]
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 […]
Proxy, Proxy, Who Needs a Proxy? A Primer on the Use of Proxies in Associations (MN)
Recently, I had a conversation with the president of an association about an upcoming Board meeting that was expected to be contentious. The president casually mentioned that one director would be traveling internationally for work and would not be able to attend the meeting—”but it’s OK, we have her proxy.” Cue the sound of tires screeching […]
Strategies to Increase Meeting Attendance and Participation
Serving as a board member can be a fulfilling experience, but the role is not always easy. From enforcing deed restrictions, handling financials, and maintaining common areas (and more!), managing the association is an important responsibility, all on top of making sure your fellow homeowners feel welcome in the community. Read the entire article……………………………….
HOA Inspection Checklist
An HOA inspection checklist is a valuable tool for community managers and Board members. It can help you keep track of the condition of the community, identify any potential problems, and make sure that all areas are being regularly inspected. Read the entire article……………………………….
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, […]
Reservation of Rights Letters: What are They and What Should You Do if Your Association Receives One? (CA)
Your Association gets sued by a homeowner. You reach out to your insurance company to let them know about the lawsuit then you sit back and relax because insurance is going to cover everything, right? Do not get too comfortable! Insurance companies may not cover everything, or anything, that you believe they should. Read […]
Smile, You’re on Candid Camera! Camera Considerations for Community Associations (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, […]
Champlain Towers Collapse Could Change Condo Insurance
The collapse of the Champlain Towers South in Surfside, Fla., in June is bringing increased scrutiny to the condominium insurance market. Ninety-eight people died after the building fell, highlighting the need to review the legal requirements and standards related to ongoing maintenance and structural integrity of condo buildings across the country. Read the entire article……………………………….
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected? (FL)
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral […]
Residential Community Working Relationships
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they complement one another. Read the entire article……………………………….
A Revolt! Tips to Prevent Owner Insurrections! (NC)
The terms “coup” and “insurrection” are making their way into everyday conversation as of late. We hear about it on the news, but what happens when your community association experiences a similar situation? Meaning, what happens when your HOA or condominium board of directors is the target of an overthrow by the members of the […]
Proxy, Proxy, Who Needs a Proxy? A Primer on the Use of Proxies in Associations (MN)
Recently, I had a conversation with the president of an association about an upcoming Board meeting that was expected to be contentious. The president casually mentioned that one director would be traveling internationally for work and would not be able to attend the meeting—”but it’s OK, we have her proxy.” Read the entire article……………………………….
Should Short-Term Rentals Be Allowed In HOA Communities? (CA)
Short-term rentals or Airbnb’s are controversial because of their effects on communities. On the one hand, many homeowners enjoy extra income and appreciate meeting new people when they rent their homes for short periods. Read the entire article……………………………….
HOA Meeting Basics
HOA board meetings are designed to transact essential business. They should be carefully choreographed to that end rather than a rambling discussion. Members should be welcome and encouraged to attend and observe. To that end, provide a Member Forum at the beginning of the meeting for owner comments, questions and complaints (It’s the American way). […]
Problem Solved: How Co-op and Condo Boards Can Prevent Garage Decay (NY)
For co-op and condo boards, a parking garage can be a prized amenity and a great source of income. But neglect can turn those amenities into liabilities. In your engineering work, do your clients tend to ignore problems in their parking garages before they call you? Read the entire article……………………………….
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……………………………….
How to Get Out in Front of Emergency Maintenance in Residential Buildings
At one point or another, every home needs a little bit of attention. Maybe the door sticks during the summer months. Maybe the shower drips. While these issues all need to be resolved, you wouldn’t describe any of them as urgent. But every once in a while, a home will have a time-sensitive issue where […]
Part 2 :The Realistic Solution for HOA Parking
What is the solution to “The Hoa Parking Problem”? It’s flexibility. When your policies can adapt to a changing world of large cars and active families, you will keep up with community residents and members’ real-world needs and priorities. Read the entire article……………………………….
How to Resolve Conflicts in a Positive Way (TN)
Community is a wonderful thing. But when groups of people live near each other, some conflict is inevitable. Often conflicts occur over small things. Other conflicts may be about big things. Whether big or small, it is important to resolve conflicts as quickly and positively as possible. Proactively addressing conflict will position the community for […]
Are Rentals Allowed in an HOA? (WA/OR)
Rentals are a hot button issue for many associations this year. Recent rent increases exceeded 16-year highs, and the number of single family rentals increased by more than 10% over the last year. Given these numbers, it’s no wonder a lot of homeowners are wondering “Can I rent out my home if it’s part of […]
HOA Dues And Inflation: A Look Into Rising HOA Fees
It is the duty of the homeowners association board to prepare the budget from which dues are calculated. But, there are external economic factors you must consider beyond just the needs of the community. Here, we take a look at the relationship between HOA dues and inflation. Read the entire article……………………………….
HOA Payment Plans: Should You Offer These To Delinquent Homeowners?
HOA payment plans are a common remedy that homeowners associations adopt to lower delinquency rates. But, is there a requirement for HOAs to offer these plans? And how do they work exactly? Read the entire article……………………………….
What Does The Champlain Tower Collapse Mean For NC / SC Condos?
With the collapse of the Champlain Tower South (a part of a condominium located in Surfside, Florida) in June of last year, there has been a search for answers. Condominium owners want to know whether their building is safe, and boards of directors want to make sure they are taking appropriate steps to prevent another […]