An audit is the highest level of review of an association’s financial books and records and is typically required to be performed annually by an association’s declaration. Here are three reasons why annual audits are important for your association. Read the article…………………..
Part V: Community Rule Development & Enforcement- Resolutions
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the topic of Resolutions. There are four basic types of resolutions for a community association: Read the article…………………
Decorating with Flair… While Keeping it Fair (FL)
Decorating is one of the most fun aspects of the holidays. It’s the time of the year when your lawn goes from the same everyday style to a winter wonderland. If you’re in a community with an HOA or are looking to keep everyone in your neighborhood happy, this one’s for you. Read the article……………….
Simple Holiday Decoration Guidelines in an HOA
Homeowners typically love to show their holiday spirit; so limiting holiday decorations is not a viable option for any board. Instead, focus on how to encourage your community to celebrate the holiday season in a tasteful and reasonable way. For most, the holiday season is a time of cheer and goodwill; however, concerns about discrimination […]
Condo Boards Can Help the Community and Themselves by Adopting Technology
No one wants to be on a condo board. From running board meetings, keeping track of board members’ responsibilities, to keeping track of violations, being on a condo association board can mean a lot of work added onto someone’s already busy day. But, someone has to do it. And for those people that step up […]
Wrestling Over What’s Makes a Rule “Reasonable” (NY)
What does it mean when a co-op’s proprietary lease or a condo’s bylaws state that “consent shall not be unreasonably withheld”? Is the Business Judgment Rule standard used? If not, what is the standard? These are the issues addressed by the court in the case of Perrault vs. Village Dunes Apt. Corp. Read the article………………….
Condominium Association Conflict Of Interest And Required Disclosure (FL)
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of a conflict of interest. Read the article………………..
3 Options if You Need to Make a Big Repair NOW in Your Association
As a general practice, what does an HOA board do if there’s a problem in the association that exists right now, but not enough money in the reserves to fix it? Is issuing a special assessment the way to go, or can the board use other funds in the reserves? In other words, the problem […]
Hanging the stockings with care: Developing a holiday decoration policy that doesn’t turn into a lump of coal
With their celebrations, gifts, and good wishes, the holidays are a time to be thankful and festive. Often that means decorating your home, office, and even car. But in some community associations, a resident’s seemingly innocent act of holiday cheer can be interpreted as a malicious disregard for association rules. Read the article………………….
How to Find Your CC&Rs
CC&Rs, or the covenants, conditions, and restrictions, are rules that homeowners living in a certain area are required to abide by. They are also sometimes referred to as the association’s governing documents. The CC&Rs often contain building restrictions and space limitations, decorative limitations, prohibitions on non-residential uses of property, pet restrictions, fence limitations, and yard […]
Short-Term Rentals: New Municipal Regulations & HOAs/Condos (NC)
The convenience and cost of Airbnb, VRBO, Homeaway and other platforms have made short-term rentals (sometimes called “STRs” or “STVRs” for “short-term vacation rentals”) a booming business. Airbnb said earlier this year that it has over 640,000 hosts and 4 million listings! That said, short-term rentals can bring concerns. For one, too many rentals may […]
Maintaining Security in Your Association: Best Practices for Better Results
Whether it be a detached single-family house, or one unit among hundreds in a high-rise condominium, a home should be a safe haven: a place where you can seek refuge from the elements and all the other risks and cautions of the world. Given how precious that sense of security is, and how vital it […]
4 Benefits of Well-Funded Reserves
Managing an association’s finances and creating budgets that allow a community to preserve market values are key responsibilities for the board of directors. It’s essential that a board budgets for the future repair or replacement of major components in a community reserve fund. An up-to-date reserve fund is critical to the financial management of a […]
6 Fun Holiday Events for Your HOA Community
During the holiday season, you have more chances than ever to bring your community together. When you live in an HOA, you want to host activities that will encourage everyone, young and alike, to participate. Try some of these ideas to bring everyone out of their homes and encourage them to interact. Read the article……………….
Preparing for the Deep Freeze of Winter in Ohio Community Associations
The warm and beautiful Summer days of Ohio have come and gone for yet another year. The leaves have changed colors and the temperature is dropping rapidly. This can mean only one thing – freezing temperatures and that dreaded white stuff will soon be here. As we prepare ourselves mentally for the departure of the […]
FHA Requests for Reasonable Accommodations and Modifications (AZ)
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example […]
Preparing Your Community for Emergencies: Readiness Is Everything
Planning for a rainy day is pretty easy. Have an extra umbrella handy or a waterproof coat, and you’re probably fine. Planning for the rainiest day ever, on the other hand, is significantly more daunting. Especially if during that day there’s also a fire, an earthquake, or a tornado. It may sound like exaggeration, but […]
4 Tips for Celebrating the Holidays in Your Homeowners Association (CA)
During the holiday season many homeowners association members plan festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that the HOA board reminds residents who are hosting celebrations to not only be considerate of their neighbors, but also take note of the Association’s rules. Read the […]
Limiting Director Liability – Because the Pay Just Isn’t Enough (CO)
I want to serve on my community’s board of directors for the lucrative salary . . . said no board member ever! Nevertheless, serving on the board of directors for your community can be a satisfying and rewarding experience. But sometimes boards hit rough patches and fall under the scrutiny of their owners, who can […]
Frozen Pipes and Finger Pointing (CO)
A wise person once said: “Never make snow angels in a dog park”. That is good advice. Another piece of good advice is to be prepared, this winter season, for frozen pipes and finger-pointing. When the temperatures plummet, condominiums and townhomes often experience frozen pipes and resulting water leaks. When that happens, everyone starts pointing […]
Rule Enforcement Authority of Rules and Regulations made by a Community Association Board (FL)
The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members. The creation and enforcement of an association’s rules and regulations are often areas of uncertainty and doubt for community association board members. Because rule […]
Takeaways from HOA’s Handling of “Parkland Strong” Yard Sign Controversy (FL)
In the aftermath of one of the worst school shootings in U.S. history, the residents of Parkland in Broward County have taken pride in the resilience and unity that they have demonstrated as a community. Memorials and messages of support were placed throughout the neighborhoods and enclaves surrounding Marjory Stoneman Douglas High School, and signs […]
Eight Warning Signs For Your HOA Finances
Although no one wants to look upon other board members with suspicion or doubt, there is a risk of fraud and mismanagement with any HOA board. There should always be checks and balances, and your board should always be on the lookout for any red flags that may indicate that your funds are being handled […]
All About HOA Easements
Does it ever seem like easements fall into that “gray area” or who owns what, who is responsible for what, and who has to follow which rules? If so, this post is for you. We hope the following will help make the topic of easements more clearly defined as black and white. Read the […]
Frozen – Flooded and Frustrated
Have you ever seen what happens to an aluminum can when it freezes? Or more succinctly – have you ever seen it after it’s ruptured and the contents have thawed? The power of ice and water (or liquid) is nothing short of awesome. Ice carved the great valleys of our country – and we all […]
Training Tips for New HOA Board Members
Homeowners association board members are an elected group who are tasked with making important decisions on behalf of the association. Each board member brings their own proficiency and experience to their role which can be a huge asset to the HOA. However, because they are volunteers, nearly all new board members lack experience with the […]
Murder in Apartment 3P (NY)
It was a grim and bloody night at the Sea Cliff Towers co-op on Staten Island. The New York Times carried this terse account: “A fight between two friends who were dating the same woman ended in the death of one of them, the police said yesterday. On Wednesday night, Michael Cafferata, 33, was visiting […]
Get on Board! How to Increase Member Participation at Community Meetings
One of the conundrums of co-op and condo life is how to keep members involved and interested in the governance of their building or association. Many residents are delighted to own, but less than excited to participate. That lack of engagement can ultimately cause problems–not just in the form of a limited pool of volunteers […]
Renting in an HOA? Understand the Responsibilities of You and Your Landlord
Every day, more people decide to rent property from within homeowners associations. Leasing units can earn a nice profit for landlords, but this business venture comes with risks for renters. If property owners belong to a Homeowners’ Association, tenants may face unexpected issues. Some renters unknowingly break the HOA’s regulations and regulations. Others tenants learn […]
Condominium Association Statutory Required Websites – Facts and Myths (FL)
Section 718.111(12)(g), Florida Statutes, was added to Chapter 718, Florida Statutes in 2017, requiring that by July 1, 2018, an association with 150 or more units which does not manage timeshare units is required to post digital copies of the documents specified in the section on its website, and lists specific documents that are required […]
Tips for Winter Landscaping HOA Common Areas (TX)
Winter landscaping is a great way to enhance the natural beauty of the season. From adding shrubs that produce a pop of color to focusing on hardscapes—like benches and garden structures—you can make your HOA common areas beautiful and inviting this winter. Use the following tips to get started: Read the article………………
Setting Up Your HOA Record Keeping System
As an HOA Manager, you’re probably aware of the importance of keeping proper records. Thorough records are imperative, not only in the case of legal challenges, but also for simple documentation and memory purposes. Read the article………………..
You Are the Gatekeeper: Creating Guidelines for Association Websites to Avoid a Defamation Lawsuit (OH)
More and more community associations are choosing to have an association website in order to facilitate increased communication with the owners. In fact, some states have made it a requirement in order to achieve this goal. While an association website can be an amazing tool to highlight the beautiful amenities of a community and easily […]
Part IV: Community Rule Development & Enforcement – Architectural Guidelines
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the development of Architectural Guidelines. Next time we will go into greater detail about Board Resolutions, so stay tuned! Read the article………………
Homeowners Share the Most Ridiculous HOA Rules They’ve Had to Deal With
I don’t live in a real “neighborhood” so I don’t have to deal with homeowners associations, but I have friends who do, and the whole concept is kind of hilarious to me. I understand everyone wants their streets to look good, but some of these rules are pretty insane. AskReddit users share their personal stories […]
Decking the Halls in Your Homeowner’s Association (NC)
The fall and winter holiday months are the perfect time to show your holiday spirit. Regardless of which occasion is your favorite, this time of year draws homeowners to the holiday aisles filled with décor of all kinds. In fact, a recent study revealed that the value of United States imports of Christmas lights alone […]
What A Difference A Day Makes – The Need For Strict Compliance With Fining Notice Requirements (FL)
The ability to impose a fine on an owner who has violated the conditions and regulations of a community association is one of the tools an association may use to bring about compliance with its governing documents. Notwithstanding the provisions regarding the fining process that may be set out in the association’s governing documents, the […]
HOA Voting Rules
There are certain rules and processes that must be followed when it comes to HOA elections. This will help you know a little bit of what to expect when election time comes around. An HOA must hold an election vote before taking any of the following actions: Read the article……………….
Ask the HOA Expert: Mushroom Meetings
Some homeowner association (HOA) boards have been accused of using the Mushroom Method in dealing with members: “Keep them in the dark and feed them manure”. Board meetings are held to address important business and should be open to the members. It only makes sense. Doing business behind closed doors only breeds suspicion. Read […]
Condo & HOA Accounts Payables Process Best Practices
Whether you are an accounting geek, a systems person or just want a deeper understanding of accounts payable we are about to get into the nitty gritty of AP. In a full service management company I was a partner of and President I implemented a powerful AP system in 2004 that provides greater tools and […]
What to do about Nightmare Renters (UT)
Oftentimes HOAs feel as though their hands are tied when dealing with problem renters. All one needs to do is a simple Google Search to see a litany of ugly situations. Luckily, HOAs have a variety of remedies that can be pursued to ensure that association rules are being followed by everyone, including renters. Read […]
Is There a HOA and Do I Care? Not All Restrictions Are Equal (NC)
One duty of a real estate closing attorney is to research the history of title to a tract of real estate and, as a part of that title search, determine what restrictions, if any, are attached to property being purchased. Restrictions are generally attached either through the agreement of several property owners to be bound […]
Ask Val: Finding Savings in Your 2019 Condo/HOA Budget (VA)
Question: I’m the Treasurer at [redacted Condo Association] and we’re working on the 2019 budget. What’s a good way for us to save money in the budget without compromising the health and maintenance of the building? Read the Q&A………………..
How to Host an Effective Board Orientation
Orienting a community association board is no different than onboarding a new team member – the first 90 days are critical to success. Regardless of your role on the community management team, if you take the time to get to know the board members, align expectations and educate the board about their role in the […]
Tort Liability and Short-Term Rentals: What Owners and Community Associations Should Know (VA)
The internet has undoubtedly changed the way people work, shop, travel, and consume. The internet, specifically Airbnb, is also changing how people view and arrange for housing. According to AirBnb’s website, over two million people book on AirBnB each and every night. AirBnB has listings in over 81,000 cities in over 191 countries. Short-term rentals […]
HOA Statute of Limitations
If you live in a home, condo, apartment, or dwelling that is part of a Home Owners Association, you already know that you are required to pay HOA dues each month, as well as certain special assessments while you reside in the association. While they are necessary to proper maintenance of the association’s collective properties, […]
Can the Reserves Be Adjusted for Items Costing More Than Planned For?
Picture yourself in this scenario: The clubhouse needs a new water heater and it will cost $10,000. But all prior reserve studies that have been done in the association have only allocated $6,000 for replacement. What are the board’s options to make up the additional $4,000 difference? Read the article…………………..
Alcohol at HOA Events
Community events bring members together and enhance holiday spirit. At SpectrumAM, we want to help our boards provide a happy holiday season for their members, but it’s also paramount that the board act prudently when considering any actions that could cause liability. With the holiday season fast approaching, many HOAs will be hosting social events. […]