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. […]
Why Get Involved?
Q. I have lived in my community association for a number of years. Unlike the horror stories we occasionally read about regarding bad Boards or illogical enforcement of covenants, our community seems to be working fine. We have a good board of directors and a competent manager. One of our long time board members plans […]
Reading Your HOA Balance Sheet
Though it may seem overwhelming or confusing, it’s not something to be quickly gazed over. If members of the board don’t understand how to read the balance sheet, you run the risk of accidentally spending more than is allotted for a specific budget period. It can also be a tool for examining your associations reserve […]
Leaving the Nest: Healthy Community Association Transition (NC)
Community associations in North Carolina typically are developed by private developers that plat the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community association. Read the article……………….
HOA Homefront: How communities can prepare for and deal with disaster
An unfortunate reality is that sometimes our communities are confronted with disaster. And whether it’s an earthquake, wildfire or another calamity, all can transform a community within a few hours. Planning for the unthinkable can improve an association’s recovery prospects. Here are some tips Read the article………………..
5 Basic Habits of Highly Effective CAMs
Welcome to the world of licensed Community Association Managers. As you assume your role, board members, owners, and vendors alike will look to you daily for your problem solving prowess. You’ll field complaints, manage staff, and enforce rules. You’ll wear many hats (sometimes all at once) as you orchestrate inspections, repairs, and improvements. So basically, […]
Top Amendments for an HOA or Condo in North Carolina & South Carolina
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities. Read the article………………….
4 Ways to Increase Community Engagement During the Holiday Season
Successful community associations all have one thing in common: their leaders are focused on building a strong sense of community. Engaged residents are happy residents, and the holiday season is the perfect time to bring your community together and show them you care. Here are four ways you can increase community engagement during the holiday […]
Part III Rule Development & Enforcement- The Do’s and Don’ts
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the do’s and don’t’s of Rule Development, along with adoption and implementation procedures. Read the article……………….
Property Insurance Basics: What Coverage Can You Expect When You Decide to Get Your Condo Insured?
While your condominium association dues will go towards the building’s insurance and covering communal areas through a HOA policy, it is up to individual unit owners to insure their own condominium unit. Condo owners typically take out condo insurance (sometimes referred to as HO-6) to cover their belongings and liability within their unit. Read the […]
Condominium Board Authority: Checking the Limits of Power
When making the choice to purchase a condo or a co-op apartment, many buyers choose a condominium to reduce the board’s involvement in the decisions they will make regarding their home. Condo boards’ authority over certain decisions and aspects of life in their communities is much more limited than that of co-op boards, but that […]
How to Effectively Deal with a Bully in a Community Association (AZ)
Most Members in an Association understand that rules and social decorum dictate how they are to interact with Board members, Association employees, and other members. However, there are a small percentage of people that do not abide by rules and social decorum and they are always looking for a fight. These people need to be […]
Updating an HOA Reserve Study
A reserve study is an indispensable planning tool to schedule major renovation and systematically raise the money to pay for it without the use of special assessments. It is also extremely important to update the reserve study each and every year since there are many moving parts that change each year and impact both the […]
Understanding the Governing Documents of a Community Association – PART II
The general hierarchy is important because on occasion there may be conflicting information in the documents. For example, the declaration may state there will be five board members, while the bylaws may state seven. The document that is higher in the hierarchy would prevail. The general hierarchy of authority is as follows: Read the […]
Want to Reduce Board Resignations? Use These 4 Tips
Community associations are not immune to abrupt resignations and unanticipated changes to the board of directors’ structure. It’s difficult to predict when change will occur and how it will affect not only the composition of the board, but the entire community as well. It’s wise that your association implement a plan to reduce resignations to […]
Preventing Theft of Association Funds
We aren’t the only ones that have seen this in the news week after week! Theft of association funds has unfortunately become common in community associations throughout the nation. No board of directors ever wants to find out that money that is needed to run the association and maintain the common area is now gone […]
Electric Vehicle Charging Stations – Condominiums Going Green
While gasoline powered vehicles are still dominant on Florida’s roads, the ever-growing presence of electric vehicles cannot be ignored. The number of electric vehicles on our highways and streets continue to climb as they become more and more affordable. As consumers continue to embrace a greener lifestyle, Florida’s lawmakers have paved the way for condominium […]
Board Culture: What Traits Make a Board Successful?
A condominium, cooperative or homeowners’ association is only as efficient as the elected board that oversees its day-to-day operations. Considering how difficult it can be to find time for family, leisure, and sleep amid work and assorted other obligations in today’s increasingly hectic world, just finding the requisite number of volunteers to make up the […]
Handling Conflicts: When Should the Board Intervene?
Condo, co-op and HOA communities are made up of people – and people aren’t perfect. Within a community association, squabbles are inevitably going to break out between unit owners. Oftentimes these problems will be resolved relatively easily, and the owners will reach some sort of reasonable consensus with no lasting animosity or tension between them. […]
Home Based Businesses in Associations: 6 Things You Should Know (WI)
Operating a home-based business has become a reality for many Americans. Appealing factors including little to no startup capital requirements, flexible work schedules, and reduced commuting has given rise to the “side hustle” or freelance economy. Read the article………………..
Condominium Owner? How to spot problems with your HOA
Statistics show that most Condo owners do not attend Board of Directors (BOD) meetings and avoid involvement with HOA issues. As a result, Condo owners rely on the BOD to be their fiduciary agents, operate the Home Owners Association (HOA) prudently, establish a budget, manage reserves, maintain the Condo’s structure in a safe condition, maintain […]
HOA Rules Rule
According to the Community Associations Institute, some 50 million Americans live in homeowner association communities. HOAs are quasi-government entities that are responsible for maintaining services and shared amenities plus collecting the mandatory fees to pay for them. They also have the power to enforce architectural standards and rules, much as a government would. These rules […]
How To Ensure A Successful Condominium Annual Meeting And Board Election (FL)
As the calendar turns to fall and we approach the end of the year, it is time again for board members and managers to make sure they are prepared for their annual meetings, including board elections. While running an effective election is critical for every association, it shouldn’t be a stressful or dreaded event. By […]
What is Cumulative Voting in an HOA Election?
When it comes to elections in a homeowners’ association (HOA), it’s important to understand the different types of elections that can or cannot be allowed, the pros and cons of each election type, and whether it might be right for your community. One type of election that is held in a homeowners’ association is called […]
Myths of Document Amendments – Do You Have It Straight? (CO)
Although a large number of communities suffer from “our governing documents suck syndrome” many boards still refuse to move forward with amending or rewriting their communities’ governing documents. The refusal is most often based on fear, but fear of what? Fear of the process? Fear of the unknown? Fear of owners? It has been our […]
Why Reserves? If We Have a Surplus, What Then?
Q: I am the attorney for several community associations, and there are two questions I am always asked. Why should we budget for reserves? How much reserves do we need? Is there any legal requirement as to the amount of reserves we should keep? Where can we invest these reserves? If the association is successful […]
How to Properly Winterize Your Community Association. A Primer for Condo, Townhome and HOA Association Board Members (IL)
Chicago winters are unpredictable, and you just never know what is in store for us. Sometimes, the winter is unseasonably mild with little snow fall and temperatures often in the 50’s. Those winters feel like a cross between Spring and Fall. Whereas during other winters, old man winter slams us with harsh subzero temperatures and […]
HOA insurance mistake #3: Forgetting the optional coverages (CA)
We all forget things. But forgetting certain ingredients in your homeowners association (HOA) insurance recipe can be a disaster. These optional coverages can look boring. They aren’t exciting like chocolate. They’re more like salt and yeast that you can’t see. But if you forget them, your insurance recipe can turn out like a disaster. […]
5 Essential HOA Terms New Board Members Need to Know
Whether you’re a new member of your community association’s board of directors or you’ve served for years, being familiar with basic HOA terminology is essential to the success of your role. Knowing these key HOA terms will help you get up to speed or serve as the refresher you need to improve as a leader […]
HOA Plantscaping Done Right
For many homeowner associations, landscaping is a major maintenance and expense item. This is especially true of older HOAs that were built when land was cheaper. That broad expanse of grass may be nice to look at, but it rarely gets much use and costs a bundle to maintain. If your HOA’s landscaping is looking […]
Effective Committees: Delegating Makes Light Work (NY)
While a board and management take on the lion’s share of responsibility for maintaining a building or community association, it certainly helps to have some extra hands on deck to keep track of smaller details. While by no means mandatory, the forming of standing committees to oversee certain constant aspects of association business (landscaping or […]
Business Judgment Rule – Shielding The Corporate Director From Personal Liability And Considerations Of Efficient And Financially Reasonable Resolutions (FL)
The business judgment rule shields corporate directors from personal liability. However, directors must not breach the fiduciary duties owed to the corporation. Under Florida law, corporate directors owe fiduciary duties to the corporation and its shareholders, which requires good faith, due care, and loyalty. The directors’ fiduciary duties are codified in Florida Statutes, section 607.0830(1): […]
Golf Cart Liability Issues for HOAs Exposed by Accident Involving Teens in Florida Community (FL)
The recent news about an accident inside G.L. Homes’ Seven Bridges community in Delray Beach involving four children on a golf cart highlights the potential legal liabilities for Florida associations concerning kids driving golf carts. Read the article………………….
The Party’s Over- Now What? Maintaining Perspective & Balance in the Wake of a Terminated Business Relationship
Whether you are an employee of a management company, an onsite manager of a community association, or a professional service provider, odds are at some time in your career you will be involved in a business relationship that for one reason or another reaches the end of its useful life. You shake hands, wish each […]
Emotional Support Animals and the FHA: What Community Associations Should Know
In a previous post, we discussed Dexter the (almost) flying emotional support peacock. In this post, we turn our attention to Maybelline the emotional support pig in the great state of Florida. Maybelline is at the center of a dispute between her owner and her owner’s HOA. The owner claims that she suffers from certain […]
Kass: The “Ps” of Community Living (Rules Enforcement)
Q. We live in a nice community, but every so often someone breaks one of our rules. Sometimes the infraction is minor — such as washing their car on the public street. Other times, the violation is more serious, such as yelling, arguing and even threatening people. The violators may be unit owners or tenants. […]