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 […]
Lawyer Up
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and call the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. Read the entire article……………………………….
Can the Board Reconsider an Approved Motion?
Asked – Can the Board reconsider a motion that was previously passed by a majority vote? One of the directors that voted in opposition to the motion would like the Board to reconsider. Read the entire article……………………………….
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……………………………….
Can An HOA Ban Fireworks?
Fireworks are a common way to celebrate several holidays in the United States. But, apart from providing a spectacular visual display, fireworks can also be dangerous. This leads us to the question — can an HOA ban fireworks? Read the entire article……………………………….
How to Prepare Your Community for Winter Weather Emergencies
As a member of your homeowners’ association (HOA) board of directors, fostering a safe and secure environment should always be a top priority. That includes protecting community members from hazards presented by winter weather conditions. Having a plan in place for winter weather will help you save lives, earn trust, and avoid costly property damage. […]
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……………………………….
Can a Condominium Association Evict a Tenant? (FL)
Generally speaking, if an association’s recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. 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……………………………….
13 HOA Issues In The New Year And How To Prepare For Them (NC/SC)
Every year, homeowners associations across the country face new challenges in the world of community management. With 2022 just around the corner, what are the expected HOA issues in the new year? Read the entire article……………………………….
How to Ensure Your Community Has a Peaceful, Cheery Holiday Season
When it comes to holidays, the last thing many of us want to think about is rules – especially when they are in relation to “decking the halls”. But, without some holiday guidelines in place, your community may turn into something akin to Clark Griswold’s house meets The Grinch’s lair on Mount Crumpit. Read the entire […]
Cautionary Tales: Signed Proposals Are Contracts (OH)
One of the primary functions of community association boards is entering contracts for services to be provided to the association, whether it is for ordinary landscaping or significant repairs. Boards are commonly presented with proposals or estimates by contractors about their services. However, boards must be extremely careful in reviewing proposals and signing such documents, […]
What are Deed Restrictions and When are They Enforceable (FL)
As a real estate attorney, I’m often approached by clients purchasing a new property that are concerned with deed restrictions. They first want to know what deed restrictions (also known as covenants and restrictions) are, and second, they want to know whether such deed restrictions can be circumvented. Read the entire article……………………………….
Resolutions – How A Board Can Make And Keep (AZ)
As we begin to turn our attention to 2022 and the start of a New Year, we often start discussing the time-honored tradition of making a New Year’s resolution. Associations’ Board of Directors have the authority to adopt resolutions, also referred to as the rules, based upon provisions in the association’s governing documents and the […]
Community Association’s And Water – Resolve To Make Every Drop Count (AZ)
If you live in Arizona, you should be concerned about water. Decreases in precipitation and increases in temperature continue to increase the need for water but reduce the supply available. Additionally, Arizona expects an increase in water demand due to future economic development and Arizona’s anticipated population growth. Read the entire article……………………………….
Solar Panels in the HOA
When purchasing a home in an HOA, you make a contractual agreement to adhere to certain rules and guidelines concerning the aesthetic of your property. These rules can pertain to simple elements like paint color, landscaping, lawns and porch décor, and larger alterations like decks, structural changes, or the addition of solar panels. So, what […]
Carbon Trading + Clean Electric Grid = Good News for Co-ops and Condos (NY)
As co-op and condo boards begin to compute the costs of reducing their buildings’ carbon output enough to satisfy the Climate Mobilization Act (Local Law 97), they have received a major dose of good news. A sweeping new study suggests that the greening of the electricity grid – by powering it with renewable energy sources […]
What Is HOA Bad Debt? Is Exposing HOA Debtors Legal?
Just like any other organization, homeowners associations can also suffer from bad debt. But, what exactly does HOA bad debt look like? And would exposing the association’s debtors solve its problems? Read the entire article……………………………….
FAQ: Construction Defects and Florida Statute 558
Florida’s construction industry has been one of the biggest beneficiaries of the COVID-19 pandemic. Whether it is newly constructed homes or renovations to existing homes, the construction industry has weathered the need for residential construction with surprising strength. However, the boom of new construction projects has accompanied an uptick in litigation concerning construction problems, such […]
HOA Budget Meeting: Tips For Planning And Presenting
The HOA budget meeting is an important event in any homeowners association. Make sure all goes well with yours by adopting these tips for planning and presenting your annual budget. Read the entire article……………………………….
Is a Condo Association Liable For Co-Owner Dog Bites? (MI)
Most condominium bylaws will contain some form of restrictions on animals. Enacting animal restrictions is a prudent approach for condominium and homeowners association to protect the members of their community. However, the adoption and enforcement of animal restrictions are not a guarantee that a dog will not bite another animal or human. Read the entire […]
Should Putting Up Protest Signs In HOA Communities Be Allowed? (NC)
One of the ways people express their opinions and views is by putting up protest signs on their private property. But, what if that private property belongs in a homeowners association? Are protest signs in HOA communities allowed? Read the entire article……………………………….
How to Easily Update Your Community’s Investment Policy (NJ)
The Coronavirus pandemic has been with us for almost two years and its impact on the financial market has many community associations asking: “how can we reasonably obtain a greater return on our capital reserve fund investments?” Read the entire article……………………………….
Holiday decorations: Creating fair, easy-to-follow, and owner-supported guidelines
A community association in the Tampa Bay area recently made international headlines when it said a homeowner put up his holiday decorations too early. It didn’t help that singer Mariah Carey weighed in on Twitter, saying, “My personal preference is to wait until after Thanksgiving but there’s no regulating festiveness.” Read the entire article……………………………….
Security Measures In Your HOA: Lights, Camera, Action!
A quandry that homeowner associations face is how implement security measures when a known violent resident exists. The board has a conundrum: Fail to inform residents about a violent resident who subsequently injures someone and the board is held responsible. Inform residents of a violent resident who subsequently files suit against the HOA for libel […]
City’s Approval of High-Rise Next to Surfside Condo Under Scrutiny (FL)
The role that city officials played in allowing a luxury condominium to be built next door to the now-collapsed Champlain Towers building is under new scrutiny by plaintiffs and investigators. Read the entire article……………………………….
HOA Homefront: In an increasingly hostile world, will we ever return to normal?
While the world still struggles with the pandemic, we yearn for a return to normalcy. In many places, this has already occurred, while in other places it is still underway. Read the entire article……………………………….
Holiday Decorations: What’s Allowed? (NJ)
The holiday season is here, and now is a great time to decorate the exterior of your home. For homeowners living in an HOA, it’s essential to check your governing documents to see which HOA holiday decorations are allowed to be displayed. In some cases, local ordinances will restrict specific holiday displays like noisy decorations […]
What Are Unenforceable HOA Rules? What To Do About Them?
Homeowners association rules are man-made, so it makes sense that they are not perfect. You might like to believe that all the rules in your HOA are good and enforceable. But, the fact of the matter is, unenforceable HOA rules do exist in many communities — and you may not even know it. Read the […]
HOA Parking Rules: Resolving Common HOA Parking Issues
HOA parking rules are a common point of contention in homeowners associations. The key to resolving issues related to parking, though, lies in understanding what rules the HOA can and can’t enforce. Read the entire article……………………………….
What Does The HOA Vice President Do?
Every homeowners association is governed by a set of board members. While the structure of the HOA board can vary from community to community, the positions more or less remain the same across a majority of them. Generally, the HOA board is headed by the president, followed by the vice president. If you intend to […]
9 Questions to Ask Before Signing a Service Contract
Successfully running a homeowners’ association (HOA) is a group effort. To maintain a well-functioning community, it takes an engaged board, involved homeowners, and a team of trusted professional advisors and vendors. Professional service providers play a big part in the stability of your association. The right vendor partnership can increase efficiency and optimize spending, while […]
How To Create HOA Rules for Holiday Decorations – That Everyone Can Agree On
As the Holiday season approaches, you can expect your residents will be decorating the halls – and everything else – with their favorite holiday decorations. At the same time, HOA boards may wish for the entire area to follow a consistent decorative style. Unfortunately, that is not how the holidays work. One family may “gingerbread” […]
Early Christmas Display In HOA: Should Homeowners Be Fined?
It is not uncommon for homeowners to put up an early Christmas display in HOA communities. What many of these homeowners don’t know, though, is that associations typically have rules concerning holiday decoration schedules. And violating such a rule can result in a monetary fine. Read the entire article……………………………….
Can The HOA Ask Homeowners To Remove Holiday Cross Display?
When an association board asks a homeowner to remove a cross display in an HOA community during the holidays, is the association violating any laws? Can an HOA really pick and choose which holiday decorations residents can display? Read the entire article……………………………….
Between a Rock and a Hard Place (insurance)
There has been quite a bit of chatter about how insurance premiums for common interest developments have increased dramatically over the last year. Communities that are in wildfire hazard areas are faced with non-renewals and in many cases are having to turn to the excess and surplus insurance markets. If they can find coverage, it […]
Ensuring a Smooth Fiscal Transition (GA)
All over Georgia, new “volunteers” are preparing to take their seats on an HOA or community association board of directions. Most boards have some, if not a majority, or seats turn over each year, with new board members voted in at annual association meetings. Read the entire article……………………………….
Having HOA Neighbor Knowledge
One of any homeowner association’s challenges is helping neighbors “make nice”. The board is frequently called on to mediate disputes and fine neighbors for doing bad things. Actually, it’s not the board’s job and in most cases, except those that directly impact the common area, these “opportunities” should be bounced back to the complainer to […]
Can Private Parties Restrict Parking on Public Streets? (CA)
Asked – Can Homeowners Associations Restrict Parking on Public Streets? Answered – Possibly. The restrictions set forth in the CC&Rs are known as equitable servitudes that “run with the land.” Read the entire article……………………………….
What to Do About Electric Vehicle Charging Station Requests? (CO)
As people look for more ways to save money or reduce emissions or follow the latest trend, the demand for electric vehicles will surely continue to rise. And what does that mean for community associations? More requests for EV Charging Stations. Read the entire article……………………………….
Text Messaging for HOAs: Reasons Your HOA Needs to Improve It
How is communication between HOA management and homeowners? Make use of text messaging for HOAs to make sure messages are read and replied to. Read the entire article……………………………….
Will There Be Enough Green Electricity for Co-ops and Condos? (NY)
Co-op and condo boards scrambling to find ways to reduce their buildings’ carbon emissions enough to comply with the city’s looming Climate Mobilization Act keep hearing the new real estate mantra: electrification, electrification, electrification. By switching from fossil-fuels to electricity from renewable sources to power their building systems, the thinking goes, boards can take a […]
HOA Holiday Decoration Rules And Guidelines
For many homeowners, the holiday season is the time of the year when they can show off their creativity and decorate their houses to their liking. Whether that means putting up an inflatable Santa Claus on the roof or something else entirely is completely at their discretion. For planned communities, though, it is not uncommon […]
Top Tips to Offset Inflation in your Coop or Condo (NY)
Inflation is not just the increased price of milk or a gallon of gas, it is something that affects virtually every aspect of our (economic) lives. This obviously also relates to coop and condominium living. Read the entire article……………………………….
How to amend HOA CC&Rs or bylaws in 4 (not so easy) steps (AZ)
Do you live in an HOA and want your neighborhood to be gated? What about short term rentals – do you want to expand their use or stop them in your neighborhood? What about more (or less board members) serving on the board for your HOA? Read the entire article……………………………….
Turnover From Developer Control (FL)
Anxieties amongst homeowners can run high at learning that their homeowners or condominium association will soon be going through turnover from developer-control. What is turnover, and what are its consequences?
Tips For Preparing Budgets for HOAs and Condos
Budgeting is extremely important to the success of your homeowners association (HOA) and can prevent your community from facing financial troubles. Here are some tips for ensuring that your community association is proactive, prepared, and properly plans for the future. Read the entire article……………………………….
How Accurate is a Reserve Study?
After you are done ringing in the New Year, you are starting to get back into the swing of things and you plan on reaching out to vendors to ask for preliminary bids. You notice that the preliminary asphalt seal coat bid is projected to be around $20,000, but your Reserve Study shows a $15,000 […]
Plan for the Worst, Hope for the Best – The Proactive Policy Approach (CO)
Is it better to wait until problems occur or to address issues ahead of time to prevent those problems from arising? This is a concept that community associations around the country, not just in Colorado, struggle with on a daily basis. Basically, the community version of the chicken versus the egg scenario – if we […]