You have just bought a new home. You’ve moved in your furniture, changed your address on all the accounts you hold, and are starting to settle in. One of the things you want to do to make the place really feel like yours is hang that rainbow flag or hammer a sign into the yard […]
The Recall Of Directors (CA)
A number of years ago, I published an article on recalling the Board. Although the procedures are still a creature of statute, changes in the Davis-Stirling Act with respect to elections have had some impact on the recall procedure, particularly when one keeps in mind that the typical recall meeting actually involves two matters: the […]
5 Community Maintenance Tips for Long-term Success
Homeowners trust board members to keep the community adequately maintained and habitable at all times for the benefit of all the members. However, it is essential to understand that achieving a well-maintained and active community goes beyond cleaning the compound and planting flowers- you are required to safeguard the amenities therein to ensure they serve […]
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 […]
4 Pillars of HOA Management
HOA (Homeowners association) communities are on the rise across the nation. Around 58% of homeowners live in HOA communities and across the country, around 8,000 new HOAs are formed each year. The prominence of HOAs and the diverse characteristics of each community pose an HOA management challenge to homeowners. Many HOAs turn to third-party companies […]
Is Your HOA Prepared for a Disaster?
Unless the governing documents say otherwise, nothing formally requires a homeowners association to formally draft a plan for a possible catastrophic event. That said, association boards and managers really should “expect the unexpected” when it comes to unexpected adverse events like fires, earthquakes, and flooding. Whether it’s the worst natural disaster since the BP oil […]
How Much Should Condo Associations Have in Reserves? (IL)
One of the most important indicators of building health is the state of the building’s reserves. Think of the reserves like the building’s savings account (as opposed to the operating fund, which is the checking account). The reserves ideally have all the funds for the building’s short to mid-term projects, and also sufficient funds to […]
A Primer on Special Assessments (FL)
There is an old saying that the two dirtiest words in community associations are “special assessment”. Board meetings at which special assessments will be discussed and imposed are often the only well attended meetings throughout the year in many communities. The reason for this is simple: Tell people they have to pay a special assessment […]
Voting by Written Ballot and Written Agreement in North Carolina
When it comes to asking homeowners association / condo members to approve or reject matters in North Carolina, there are generally two options: the written ballot and the written agreement. These documents and legally dictated processes may look very similar, but they are legally distinct. This article examines how and when using the written ballot […]
Financial Management and Planning is Key to a Healthy Condominium Association (FL)
We have all heard the old adage, “Don’t judge a book by its cover.” The same is true when it comes to condominium associations—you cannot judge the “health” of a condominium association by its polished marble floors or its breathtaking gulf shore views. The true lifeline of a condominium association comes from successful financial planning, […]
How to Avoid Conflict with Owners Over Architectural Guidelines
I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing […]
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 […]
The Rules Keep Changing for Co-op and Condo Boards (NY)
For co-op and condo boards, the rules keep changing in the middle of the game. In just this past year, the state Legislature and New York City Council passed major legislation affecting everything from tenant protections to shareholder meetings, reverse mortgages, housing discrimination, prevailing wages for staff, climate change, city construction codes, energy efficiency, interim […]
9 Important Questions to Ask Before Signing a Service Contract
A homeowners’ association protects every homeowner’s interests by maintaining the community’s standards. However, for an HOA to operate effectively, board members, active homeowners, advisors, and even vendors must work collectively. For your HOA to serve the community effectively, you should choose a competent service provider. Service providers minimize your association’s expenditures while delivering outstanding services, […]
Securing Your Gated Community | Exactly Who Is Allowed In? (FL)
While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. Read the entire article……………………………….
Collecting HOA Assessments After Disaster – A Closer Look (CO)
The recent Marshall fire that ravaged Boulder County destroyed nearly 1,000 homes. In the face of the most destructive fire in Colorado history, many of those affected are now dealing with what to do in the aftermath. Rebuilding their homes (and their lives after loss) takes a community. Read the entire article……………………………….
Stay Safe with an HOA Emergency Preparedness Plan
No one can accurately tell when a severe storm, natural disaster, or unforeseen building issue will occur. That’s why it’s essential community associations take the necessary precautions to prepare. Read the entire article……………………………….
Condo Board Imposes Rules and Fines on Dog Owners. Is That Legal? (NY)
A condo board on the Upper West Side announced that it will fine residents — unit-owners and rent-stabilized tenants alike — if they fail to follow a new rule requiring dog owners to use the service elevator, carry their dogs while in the elevator, and enter and exit the building through the service entrance. Are […]
7 Ways To Avoid HOA Data Breach
Homeowners associations deal with all sorts of private information — from the names of members to their individual bank account numbers. Protecting such information is paramount to skirting potential liability. But, how exactly can an association prevent an HOA data breach? Read the entire article……………………………….
5 Ways To Discourage Vandalism in Your HOA
How can your HOA prevent or discourage vandalism or theft in the HOA community? Read the entire article……………………………….
What is the Proper Procedure to Adjourn the Annual Meeting?
Asked – We recently concluded our Annual Meeting of the Membership. As always, we failed to achieve quorum. Rather than successively adjourn and reconvene the meeting, the Board concluded the meeting. Now we have several owners complaining, saying that the proper procedure was not followed when the Board concluded the meeting. What is the proper […]
Problem Solved: Finding the Best Use for a Condo’s Roof (NY)
Boards that are considering installing solar panels often find that the return on investment isn’t quite what they were hoping for. But there is a program that can make going solar worth it. Can you tell us about it? Read the entire article……………………………….
Smart Strategies to Encourage Voluntary Rule Compliance
As a board member of a homeowners’ association (HOA), you know that rules must be in place to create a cohesive and functional community. However, it can be time-consuming to constantly monitor and enforce the rules when there’s so much more on your plate. That’s why it is essential to have a plan that fosters […]
Aging Condo Buildings – Repair or Abandon (FL)
Even if expensive, by statute necessary repairs cannot be avoided for aging condominium buildings. Allowing the buildings to deteriorate could constitute a material alteration for which a unit owner could take issue. Termination is a cumbersome process, but should it be considered for aging condo properties? Does repairing the buildings no longer make economic sense? […]
Can An HOA Deny Request For Reasonable Accommodation?
Not many associations believe it is permissible for an HOA to deny a request for reasonable accommodation. But, under the right circumstances, an HOA can issue a denial. Read the entire article……………………………….
HOA Traffic Enforcement: How To Prevent Reckless Driving In The Community
HOA traffic enforcement is a commonly discussed issue among many communities. With reckless driving and speeding becoming more prevalent, it is easy to see why some boards might want to impose their own traffic rules. Read the entire article……………………………….
HOA Religious Discrimination: What Members Should Know
HOA religious discrimination is a real issue that can affect communities nationwide. Boards should learn how to protect the association from discrimination claims, while homeowners should know their rights. Read the entire article……………………………….
A New Era of Transparency? (FL)
As a result of the recent tragedy at Surfside, the Condominium Law and Policy on Life Safety Issues Advisory Task Force (the Task Force) was formed to provide detailed recommendations to Florida lawmakers. Read the entire article………………………………. (page scroller is at bottom of PDF)
What’s in Your Community’s Architectural Guidelines? (CA)
MANY ASSOCIATIONS ADOPT architectural guidelines when the community is formed and don’t look back. Some boards keep the guidelines forever stuck in time. Even though the community evolves and changes and becomes its own unique place, the guidelines are often forgotten, ignored, or things are done the way they always have been done. But architectural […]
Nomination Procedures for Elections (NC)
If you are administering an election for your group or association, then you may have questions about how the nomination process works. Do you need to use an election committee? What are nominations from the floor? What about other methods of doing nominations? Read the entire article……………………………….
Preparing Your HOA for Inflation
Virtually, all economists agree that the economy is humming. The country’s unemployment rate is at the lowest level in 50 years. Housing prices are increasing in nearly every market in the country. The problem with all of the good news? Inflation. It is currently at the highest level in 40 years. Prices of everyday items […]
Condominium Association/HOA Financing Options for Major Projects (MI)
Things fall apart. While in an ideal world, residential associations will have adequate reserves set aside to pay for repair and replacement of big-ticket items for which they have responsibility—things like pavement projects, roof replacement, siding replacement, etc., the reality is that, for whatever reason, when the time comes to replace roads or roofs, communities […]
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……………………………….
Management Contracts 101 – Negotiating Your Community’s Most Important Contract
There are elements of board service that can vex even the most committed, most intrepid volunteer—and negotiating a building’s management contract is probably at the top of that list. Vexing or not, however, the extent and quality of services available to your building community hinges on what’s in that contract; managers and management companies are […]
‘Pandemic Pets’ in Multifamily Communities
The coronavirus crisis has forced many unwelcome changes on households around the world—but it has also allowed or inspired some to make lifestyle choices that were impractical or otherwise out of reach before. One such choice has been to acquire a pet. With travel restricted, and working and schooling largely happening at home, households across […]
How Should The HOA Deal With Neighbor Harassment
Neighbor harassment can happen anytime and anywhere, even in your community. Having an HOA harassment policy can prevent these incidents from occurring. It also gives your board a clear path to follow in case there is harassment in a community. Whether your association is big or small, you need to have a plan. Here’s how […]
Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions (FL)
The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Read the entire article……………………………….
HOA Board Meeting Etiquette (Do’s & Don’ts) (NJ)
Holding regular HOA board meetings is essential to ensure your community association operates efficiently. At AR Management, we’re commonly asked by board members, “What’s the right protocol to run a productive and successful meeting?” We’ve found that the answer resides in maintaining professional HOA board meeting etiquette. Read the entire article……………………………….
Disputes Involving Party Walls and Fences (GA)
Homeowners often look to their community association for help with resolving a dispute with a neighbor. But if the issue involves a party wall or fence (i.e., with no common property in between), there may not be much the association can do. The first step—as in most cases—is to see what the association’s governing documents […]
Community Association Statutory Pre-suit Alternative Dispute Resolution Requirements (FL)
The question has been presented time after time, are we really required to participate in either a nonbinding arbitration or mediation prior to filing a lawsuit? The answer is not as simple as it seems. Read the entire article……………………………….
Architectural Guidelines in Oregon & Washington HOAs
Many community associations are governed by architectural design guidelines. Often, those guidelines are enforced by an architectural review committee (sometimes called architectural control committees or architectural design committees). The guidelines allow owners to know what types of changes require approval, acceptable materials and colors, and the process to appeal a decision. Read the entire article……………………………….
What Can a Homeowners’ Association Do to Keep Holiday Decorations from Staying Up All Year?
The holiday season is a time of celebration. Homeowners often take part in the celebration by decorating their homes with a variety of decorations and lights to suit the season. However, these holiday decorations are often left out long after the season ends. This article will provide an overview of what a homeowners association can […]
Dealing With Difficult People In Your Homeowner’s Association
Living in a homeowner association, there is likelihood of running into someone that is, how should we say it, less than happy. We all have to deal with difficult people at some point. Some focus on what they don’t like about a person (loudmouth, condescending tone, etc) and then hope they will change. Not surprisingly, […]
5 Things to Keep in Mind When Negotiating a Construction Contract
Before beginning a construction project, it’s imperative to craft an ironclad contract that protects all parties. Some things to keep in mind when negotiating a construction contract are: Read the entire article……………………………….
How To Address A HOA Mold Problem
An HOA mold problem is often a point of contention since there is usually a debate on which party is liable for it. Does it fall under the association’s responsibility or should the homeowner answer to the charges? Read the entire article……………………………….
Problem Solved: Cutting Carbon Emissions to Avoid Fines (NY)
Figuring out an upgrade path to meet the requirements of the Climate Mobilization Act, or Local Law 97, can be daunting for any co-op or condo board. But a green committee in one co-op is tackling this now. First, what kinds of improvements has this co-op made in the past? Read the entire article……………………………….
Fraud, Mismanagement, And Broken Rules – Who Do You Call? (FL)
In most instances, the board or management team of a condo or HOA is equipped to handle the wide variety of issues that arise day-to-day, from a leaky roof to dealing with municipal bureaucracy. There are other, bigger issues—things like embezzlement and fraud, for example—that require experienced outside professionals to resolve. Read the entire article……………………………….
Disagreements with your condo or homeowners association in Maryland
You live in a homeowners association (“HOA”) or a condominium (“condo”) and you want to build a shed or put up Halloween decorations outside your unit. So, you build that shed or you put up orange lights and a pumpkin on your balcony. The next thing you know, the HOA or condo board has sent […]