With next year’s budgets in preparation, boards may be looking for ways to cut costs and reduce spending. Often, Board’s will look to their owners to volunteer for a variety of maintenance tasks, from snow shoveling to planting flowers. While minor work can be performed by volunteers with relatively little liability exposure, that is not […]
How To Change HOA Rules?
Can a homeowners association change rules? In a word, yes. Homeowners associations do have the authority to change the rules within the community. But, an HOA board may be bound by some conditions before they can change these rules. Before you can learn how to change HOA rules, you must first understand what operating rules […]
HOA Donations: Should The HOA Accept Them?
No matter the financial status, all homeowners associations can benefit from additional funds donated by their homeowners. Some HOAs may need it to finish an essential capital project while others simply want to add more amenities to their community. In any case, is it right to accept HOA donations? Here’s what you need to know. […]
HOA Records Security: Ensuring Your Data Is Safe And Secure (OH)
Homeowners associations deal with all sorts of information on a daily basis, some of which are confidential or sensitive. As such, it is imperative for each association to maintain HOA records security. Such an undertaking is often easier said than done, though. If your HOA does not know where to begin, consider the following steps: […]
When Neighbors Fight: Handling HOA Neighbor Disputes Fairly
No homeowners association is immune from HOA neighbor disputes. No matter the shape or size of the community, neighbors will fight for any number of reasons — that is just human nature. But, what can an HOA do about it? Read the article……………………………….
HOA Emergency Preparedness Plan: How To Plan For Emergencies (OH)
Emergencies and natural disasters can happen at any time, which is why it is important for every HOA to come up with a plan addressing them. Creating an HOA emergency preparedness plan is not always easy, though, especially if you don’t know where to start. Read the article…………………………….
What Are Capital Improvements? Should HOA Fund Them?
What is capital improvement? How is it different from maintenance and repairs? These are two very common questions asked by homeowners. To understand where part of your monthly association dues goes, here’s what you need to know about capital improvements. Read the article……………………………
Is It Legal To Fly Drones In HOA Communities?
Drones in HOA communities are becoming more and more common, but these unmanned aircraft can pose serious concerns among residents. The first step in managing drones in your HOA is to know what the law says about them. Read the article…………………………….
How Should The Board Handle Short-Term Rentals In HOA Communities?
With the increased popularity of lodging apps and services like Airbnb, HOA communities are facing more problems with short-term rentals. Before banning it outright, though, your HOA board should take a look at the issue from every perspective. Read the article……………………………
What To Do Before Amending HOA Governing Documents (OH/KY)
All homeowners associations think about amending HOA governing documents every now and then. But, when done improperly, the process and its results can be disastrous. On the other hand, when done correctly, it can clarify vague provisions and reform outdated rules. Read the article………………………….
5 Recommendations To Have A Green HOA
Green HOA practices make an eco-friendly community that lets families live in harmony with nature. How do you go about building an eco-friendly HOA? In this guide, we’ll go over a few green initiatives for HOA that can hopefully get your community started going green. Read the article………………………..
Association Meetings in Light of Coronavirus Pandemic (OH)
In light of the increasing gravity and spread of the Coronavirus pandemic, Ohio condominium and homeowner’s associations should consider taking immediate measures to postpone annual member meetings or other large social functions. On March 12, 2020, the Director of the Ohio Department of Health issued an Order banning, with certain exceptions, mass gatherings of 100 […]
HOA Accounting Standards The Board Must Set Up
Much like a business, a functioning community incurs costs and earns revenue. As such, it’s important to set up HOA accounting standards to maintain accurate financial reporting. Now, accounting can be quite stressful for community managers to navigate. With so much money going in and out, sometimes on a daily basis, it can be a […]
Dealing With Difficult Homeowners
Dealing with difficult homeowners is inevitable for board members of an HOA. It is just part of the job. Every community will face conflict and have its fair share of difficult people. A key part of your job as a board member is to keep the peace and diffuse any difficult situations as they arise. […]
Important End Of Year Checklist For Your HOA
Since the end of the year is now approaching, HOAs need to ensure that they have completed all of their required tasks to successfully close out their fiscal year and end of year strategic planning. When considering what tasks need to be completed before 2019 ends, it is wise to review the list below to […]
How To Balance HOA Regulations With Holiday Decorations
The end of the year is a very fun time for residents within communities across the United States. Residents are inclined to make their homes look festive both inside and out. Where the holiday season can become complicated is deciding how to balance decorating the outside of homes within your community while still adhering to […]
Tips On Selecting The Right Vendors For Your HOA
One great challenge for HOAs is to choose the appropriate vendors to complete the required tasks of their communities. If HOAs are not careful, they will end up spending unnecessary amounts of their allotted budgets on expenses that they could have found less expensive elsewhere. For HOAs that are looking to utilize their resources in […]
Dealing With HOA Violations In The Community
Residents benefit a great deal from living in a community that has an HOA. However, residents do have to understand that the improved quality of life in their community does come with a price. Residents are expected to adhere to HOA guidelines while living in the community. When a resident fails to follow HOA regulations, […]
How To Manage The Most Challenging Homeowners’ Issues At Your HOA
Regardless of where you live, conflicts can arise between your residents or HOA board (BOD) members. What makes an HOA successful is their preparation for handling those disputes and solve them promptly. If your HOA board has been struggling with resident and HOA board member issues at your HOA, consider the valuable recommendations below: Read […]
Understanding An HOA Treasurer Report: What’s In It?
The Treasurer of an HOA has one of the most important jobs on the HOA board of directors. It is important for HOA board members to consider carefully who they will be recommending to their treasurer position given that the role will determine the liquidity of the HOA and how it makes its most important […]
HOA Vaping Rules: Steps You Can Take to Prevent Vaping in Your Community
Vaping has become a very popular alternative to harmful cigarettes. However, recent studies indicate that it is quite unsafe as well — as illustrated by severe injuries caused by vaping. Many associations want to implement HOA vaping rules to prevent vaping in HOA communities, but it may not be covered by local legislation or their […]
Fidelity Insurance – Why Every Community Association Needs It (OH)
Virtually all community associations collect assessments to operate and maintain their property. Each community association that collects assessments likely has multiple people involved in handling the funds the association collects. Whether it is an individual volunteer board member or a management company employee, every person handling the funds has a fiduciary duty to handle those […]
Dealing With HOA Violations In The Community
Residents benefit a great deal from living in a community that has an HOA. However, residents do have to understand that the improved quality of life in their community does come with a price. Residents are expected to adhere to HOA guidelines while living in the community. When a resident fails to follow HOA regulations, […]
Conducting Effective Board Meetings
Community association board members are busy volunteers who set aside time amidst work, family, and other personal obligations to serve their communities. In order to ensure this time is used productively, it is crucial to plan ahead so that board meetings can be effective and efficient. Following these key steps will help ensure your community […]
Difference Between Directors and Officers
One of the more misunderstood concepts of community associations is the difference between a director and an officer. Under Ohio law, all condominium and planned communities must be administered by an owners association. The board of directors is the governing body that is responsible for the administration of the owners association. The individuals who serve […]
Master or Sub: Which Rules Do I Follow? (OH)
Far too often an association’s board of directors has a hard enough time getting prospective purchasers (or long-time owners for that matter) to understand what it means to live in a deed-restricted community. Just getting people to read (and hopefully understand) the governing documents is quite the challenge. However, many associations not only have to […]
Defaulted Mortgagee Saved By Distinction Between Note and Mortgage Claims (OH)
Previously, I wrote blog posts on planning commercial litigation and the considerations involved in voluntarily bringing claims in one lawsuit as a plaintiff. See Planning Commercial Collection Litigation: A Primer and Joinder of Claims in Commercial Foreclosure Litigation is a Choice. The lessons of those posts were applied to save a mortgage lender in Villas […]
The Hierarchy of HOA Governing Documents
Any homeowners association board member understands the overwhelming amount of documentation that is involved with operating an HOA. The governing documents of the association can be dense and multiple and sometimes their hierarchy can be confusing. Which document takes precedence over another? Read the article……………………..
How to Evaluate Service Provided by Contractors
One of the common issues that boards deal with is whether a contractor is providing adequate service. Before passing judgment on the service being provided by a contractor, the board should be aware of the exact specifications the contract requires. For example, if the board is unhappy that their landscaper is not weeding flower beds, […]
Safeguarding Association Reserve Funds over $250,000.00 (OH)
Since the passage of the Ohio Condominium Act in 2004 and the Ohio Planned Community Act in 2010, Ohio’s community associations have been building reserve funds to repair and replace major capital items without the need for special assessments. Fortunately, many associations have built substantial reserve funds and are now more financially sound than ever. […]
Steps to Becoming a 55 and Older Community
Federal and state fair housing laws prohibit community associations from discriminating against occupants on the basis of “familial status.” Familial status is defined as one or more persons 18 years of age or younger who live with a parent or legal guardian. The community association’s rules and restrictions therefore cannot single out children for different […]
Ohio Grilling Law
Summer season is upon us. Warm days and nights provide the perfect conditions for grilling outdoors on a deck, patio, or balcony. That makes this the ideal time to think about fire safety and to review Ohio’s laws on grilling and the use of open-flame cooking devices. Read the article…………………..
You’re Fired – Terminating Contractors Versus Employees (OH)
Most community associations utilize independent contractors to service their property. A general example of an independent contractor is an association’s landscaper who uses its own machinery, works on other properties, and is paid in lump sums. However, some associations hire employees who only work for the association, are paid by the hour, and are subject […]
Owners Pay Assessments – Not Maintenance Fees or Dues (OH)
The Ohio Condominium Act and Ohio Planned Community Act both require that associations “collect assessments for common expenses” from the owners. Annual assessments, monthly assessments, special assessments, and enforcements assessments are all legally referred to as assessments. Despite this statutory assessment authority, many associations still improperly refer to their assessments as “maintenance fees” or “dues.” […]
2019! Ohio Community Associations are Changing!
The times are rapidly changing. In the past, many of us were skeptical of technology, against funding of reserves, and felt completely comfortable with the status quo. Today, a growing number of enlightened board members are aggressively addressing association issues and radically improving their communities. Read the article………………..
Developer Voting Rights: When Does it End in Ohio Condominiums?
Every condominium association is initially created by a developer who controls the association during the beginning of development. During that time, the developer operates the association, but also is in the business of selling homes. Because the developer will want to protect its investment, it will most likely make certain decisions with that interest in […]
Enhance and Protect Your Community Association’s Brand: Why Boards Should File Trademarks
In today’s fast paced world of technology and innovation, so many of us hear how important is to establish a “brand.” Even community association board members should be thinking about how they can brand their association’s business operations to bring an expectation of professionalism to the association’s operations. An effective brand can help create a […]
Enhance and Protect Your Community Association’s Brand: Why Boards Should File Trademarks
In today’s fast paced world of technology and innovation, so many of us hear how important is to establish a “brand.” Even community association board members should be thinking about how they can brand their association’s business operations to bring an expectation of professionalism to the association’s operations. An effective brand can help create a […]
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 […]
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 […]
Association Not Liable for Accidental Death in Common Element Hot Tub (OH)
The Fairfield County Court of Common Pleas recently issued a decision on an association’s liability for a death in the common elements. An owner reserved the association’s pool and hot tub area for an extended family party. Tragically, a two year old child drowned in the hot tub, which broke and was closed that very […]
Political Signs and Free Speech (OH)
With election season upon us, the topic of political signs is bound to come up at your association. This time of year, political signs start popping up in the yards on individual lots and on common and limited common elements as well as in owner’s windows. Many homeowner and condominium associations have deed restrictions on […]
When the Board Decides to Raise the Monthly Assessments – Telling the Owners
At the end of every calendar year, board members for community associations gather around conference tables, dining room tables, or tables in local libraries to have the unpopular and often dreaded discussion of how to explain to owners in their communities that their association monthly assessments are going to increase for the upcoming year. We […]
Swimming the Dangerous Waters of the Fair Housing Act
As the weather warms up, community association pools are open and ready to be enjoyed. In addition to cleaning the pool furniture and testing the chemicals in the water, boards are tasked with the responsibility of creating rules to protect against harm to those using the pool. Boards must remain diligent so their well-intended rules […]
Preserving the Attorney-Client Privilege
As a member of a community association board, it is important for you to preserve the association’s attorney-client privilege. The attorney-client privilege generally prevents the unwanted disclosure of communications between an attorney and their client. For example, if an attorney provides their client an opinion about the strengths and weaknesses of a potential case, third […]
An Audit of the Association’s Financial Records is Always Wise
When it comes to year-end financial obligations of associations, most boards are aware of general requirements, such as providing financial statements to the owners, finalizing a budget for the upcoming year, and completing a board-review of the association’s financial records. From time to time, boards may also opt for a more thorough assessment of the […]
A Board Abstention is Generally a YES Vote (OH)
When a board member is present at a meeting and abstains from a board vote it is usually a “Yes” vote. Board members often deal with complicated decisions that directly impact other owners in the association. Board members are often tasked with making hard decisions regarding such issues as assessments, hiring contractors, taking enforcement action […]
Protect Your Association Against Expensive Employment Litigation
Most community associations utilize independent contractors to service their property. A general example of an independent contractor is an association’s landscaper who uses its own machinery, works on other properties, and is paid in lump sums. However, some associations hire employees who only work for the association, are paid by the hour, and are subject […]
A Cautionary Tax Tale for Homeowner Associations
Imagine, if you will, that you are a board member of a homeowner association, where all common elements are owned by the association. One day your board discovers that all of the association’s common elements, including all of your privately owned streets, parking areas, green space, gardens, and other amenities are now owned by complete […]