Q: I am a unit owner in a condominium association. I sent the association’s lawyer a request for an opinion on an issue concerning the association. The attorney responded that she is unable to respond to owner inquiries, and that I should submit my issue to the board. As a member of the association, doesn’t […]
How to Communicate with an HOA Board of Directors (NJ)
Many homeowners typically wonder, “What’s the best process on how to communicate with an HOA board of directors?” Good communication in an HOA community association relies heavily on how efficiently homeowners and board members respond to each other’s requests, proposals, and ideas. To ensure your community association feels they can efficiently and transparently communicate their […]
Legal Rights of HOA Homeowners
Living in an HOA has many benefits, but also requires homeowners to abide by certain rules, guidelines, and expectations. The HOA has the authority to enforce the rules, and it’s likely that homeowners will have a difference of opinion from time to time. If you’re considering purchasing a home within an HOA, you may wonder […]
A Detailed Guide to HOA Documents | What Documents Should You Have?
Some of the documents you should review as a homeowner includes the association’s governing documents, its official records as well as the reserve study. Note that an association’s documents are legally binding. Therefore, we recommend that you familiarize yourself with all HOA documents. It will shield you from unnecessary scuffles during and after your buying […]
How to Be Heard at Your HOA Meeting
Homeowners’ associations are businesses, so their board meetings should be considered as business meetings and run accordingly. However, many states have no statutory requirements that certain parliamentary procedures must be followed at board meetings. So, while some HOAs follow Robert’s Rules, many don’t. This leaves some homeowners who faithfully attend their association’s board meetings feeling […]
Are HOA Fees Tax Deductible?
A homeowners association runs a community by imposing certain rules, preserving its aesthetics, and maintaining various aspects of the neighborhood. It does this with the help of HOA dues — fees that the association collects from members. These fees are used to fund the association’s maintenance and operations. Read the article……………………………..
Fighting Your Condominium Association or HOA Could Cost You…. A Lot! (MI)
Depending on who you are, you either love living in a condominium or subdivision governed by a Homeowners Association (HOA) or you hate it. If you are one of those people that likes things uniform and loves following the rules, you are probably just fine living in a condo or under the rules/restrictions of an […]
Your Homeowners Association Questions Answered
A homeowners association (HOA) can be a blessing or a curse to those who belong to one, depending on whether the association is well-run, has reasonable fees and isn’t overly restrictive. If you’ve never lived in—or even heard of–an HOA, here are some things you should know about one of the fastest-growing trends in home […]
HOA Bylaws and CC&Rs: What’s The Difference? (NC)
What is the difference between HOA bylaws and covenants? Many people incorrectly use these terms interchangeably, and even those who are no strangers to HOA living sometimes get them confused. The difference, though, is night and day. Read the article……………………………
Can an HOA Enter a Unit? (CO)
There may be times when an HOA Board may be in a situation where it needs to enter a condominium or townhouse Unit in their community. The Board does not have unrestricted access to the Units in their community, and the limits and the authority to enter a Unit are governed by the HOA’s Declaration. […]
The Legal Rights of an HOA Homeowner
A volunteer board member strives to do their best by the community as a whole and for individual homeowners, and doing so successfully involves understanding the rights of HOA members, both those outlined in the governing documents of the community and those included in state and federal law. This can be easier said than done, […]
Top 10 Reasons to Serve on the Board of Directors: A Primer for Homeowners, Board Members and Property Managers (IL)
Over the last 20 years, community association living has exploded across the United States. In Illinois alone, there are more than 25,000 associations. Homeowners have bought into associations with the hope that the experience will be less demanding than owning a single-family home and more enjoyable since there are other homeowners living closely together within […]
When Should I Sue a Condo Association?
Living in a condominium suits your lifestyle. You enjoy the size, layout, and appearance of your condo. As a member of a larger association, you get the advantage of a range of facilities. For your membership fees, you also receive a range of maintenance services that keeps your home in good material condition and that […]
Common HOA Violations and How to Avoid Them
Most people know that when they live in an HOA, there are certain rules they’ll be expected to follow. An association’s governing documents contain Covenants, Conditions, and Restrictions (CC&Rs) that clearly state what is expected of its members. Yet, even with these expectations, HOA violations happen all the time. The good news is, with a […]
5 Unique Ways To Thank Your Board Members
For sure, board members play a crucial role in keeping the community they protect secure and orderly. The fact that most of them work for free for a term of up to four years proves their dedication and commitment to protect our homes, and more importantly, make our investment worth the while. For this reason, […]
WMBF INVESTIGATES: Protections, solutions for local homeowners facing HOA issues (SC)
Homeowner association complaints have become one of the top issues that come through the WMBF Investigates email inbox. This kind of dispute has become a chronic problem along the Grand Strand. Oftentimes, it is neighbor versus neighbor, and the HOA is asked to step in to fix the problem, only to be told it’s out […]
A Tax Break on Condo Assessments
I live in a condo that is 20 years old, and we are now faced with major projects, including replacing the roof. If the condo board charges owners a special assessment for these costs, can we apply that amount to help lower the tax bill when we sell our condos? – Read the entire article……………………………….
3 Critical HOA Rules & Regulations Homeowners Should Know
The primary responsibility of every homeowners association is to protect property values and enhance the enjoyment of the community by the membership (homeowners). This is accomplished in part by instituting agreed-upon rules to shape decision-making and behaviors, thus ensuring the community looks great and remains an enjoyable place to call home. Read the article………………………………
HOA Homefront: Civility must start somewhere (CA)
From presidential debate stages to courtrooms to families to HOAs, civility is becoming so rare, it should be considered endangered. Differences of opinion are no longer allowed – either you agree with me or you are a demon and I will reject any dialogue with you. Read the article…………………………………
How to Avoid HOA Violations
HOA’s are responsible for protecting the property values of the community. To do this, the board must enforce certain rules and restrictions. While some may find this to be a bit intrusive, the benefit of compliance with the regulations outweighs the inconvenience and benefits the homeowner. When the rules are followed, the homeowner doesn’t have […]
A Guide on Key Community Members in an HOA (NJ)
While there are many benefits to living in an HOA, it’s essential to know who your association’s key community members are. Whether you are brand new to an HOA or you’re a member seeking guidance on who to contact, we’re here to help you identify the who’s who in your community. Read the article……………………………..
Want To Be An Amazing Neighbor? Five Ways To Start (And Some Things To Avoid) (NC)
With Americans spending more time at home than ever these days, being a good neighbor is of the utmost importance. Sure, not many people are actively trying to be bad neighbors, but if you sit down and think about it, do your daily habits exude neighborliness? Now that we’re seeing a lot more of the […]
Condo association can charge fees for repairs
Q: I am in a dispute with my condo association concerning a large fee they have charged me to replace a toilet that was leaking in my unit. The condo board has decided not to pay for this plumbing repair. Since I also refuse to pay the repair bill, the condo board has notified the […]
Top 10 Reasons Why Homeowners Should Attend Board Meetings. A Primer for Board Members and Homeowners
Are you a homeowner and are you part of a condo association, townhome association or HOA? What is your desired community living experience given that you are part of an association? Are you looking to maximize your living experience within the community or are you simply satisfied with homeownership and are not looking to get […]
Who’s in Charge of Your Homeowners Association?
Can they do that? Whether it’s changing the pool hours, levying a special assessment, or foreclosing on your home, many homeowners are shocked when they realize just how much power an HOA Board of Directors has. But do they really? It might surprise you to learn that the board has a lot less power (and […]
10 common HOA violations
There are over 350,000 homeowner associations in the United States! That equates to roughly 40 million households, or more than 50% of owner-occupied households in America. HOAs are legal entities, and they offer members the protection, maintenance and preservation of their homes and property. However, these members also have a duty to follow the association’s […]
A Guide For Community Association Members Navigating Complexities Of The Coronavirus Pandemic
In an age when our society is practicing social distancing to help stop the spread of the new coronavirus, the ensuing crisis is raising concerns among the more than 73 million Americans who call community associations home. Living in close quarters at the communities – commonly known as homeowners associations, condominiums and housing cooperatives – […]
Trash Cans, Recycle Bins, & Your HOA
One of the most common complaints and rule violations inside HOA communities involve one thing—trash! Often, the problem is how, where, and when the trash cans and recycle bins go to curb and get put away. Whether you’re a board member having to answer questions, or you’re a homeowner receiving violations, we’re here to help […]
What Do My HOA Fees Actually Pay For?
As a member of a Common Interest Community Association (HOA or Condo Association), you are required to share the costs of maintaining and operating the common areas of your community. Additionally, you may be responsible for shared amenities like a clubhouse or even the community shared entrance gate. You may have wondered, what exactly are […]
How to Fight HOA Fines—and Win! (AZ)
If you live in a homeowners’ association, then you know that you have specific rules and guidelines that regulate how you use your property and that the homeowners’ association may declare you to be in “violation” if you fail to follow its rules. Violations may, sooner or later, lead to HOA fines that you believe […]
A community association management guide
When you purchase a home within a planned community such as a condominium complex, an apartment building or a gated estate, you automatically become a member of the community association. A community association is there to provide operational structure and manage the affairs of the overall community. Among the duties of a community, the association […]
Why you may have to foot the bill to repair damage to your condo caused by a contractor hired by the association
Q: Last year, my condo association had a company replace the roof on many of our buildings. I live on the top floor of my building. When the new roof was installed, it created a leak that came down and damaged my kitchen ceiling. My association is stating that it is responsible only for the […]
Rosie on the House: Home projects in HOA communities (AZ)
When pulling into your driveway, do you often think “this house needs a fresh coat of paint” or “I’d like a front lawn?” If you live in a homeowners association community, there are steps and considerations you need to take before picking up the paintbrush or laying sod. Read the Q&A……………………………
New Year means new resolutions for associations, owners (VA)
With 2019 ending soon, many people are making resolutions to make a change or start something new. Community associations and their residents should not be the exception. Here are just a few suggestions for resolutions to make 2020 a more positive and successful year for your community. Read the article…………………………
What Are HOA Violations & How to Avoid Them
Becoming a member of a homeowners’ association (HOA) has many advantages, including increased home values and better amenities. However, the extra perks don’t come without a price. Members of the association are expected to upkeep their homes and abide by specific rules and guidelines. When a homeowner fails to live up to these expectations, they’ll […]
3 HOA Rules You Need To Follow
Buying a home in a subdivision usually means agreeing to a homeowner’s association (HOA). These groups were created with the intent to assist owners, keeping the community clean and hopefully protecting property value. Sometimes, though, they may become a bit annoying, especially when they hold fast to certain rules. It’s best to honor the agreement, […]
Is it Legal for Owners to Record HOA Board Meetings?
Almost no one leaves their home without their smartphone, including HOA members attending a board meeting. A smartphone can quickly become a recording device with the tap of an app. Recording meetings and conversations is a slippery slope for many HOA boards. Finding the right balance between what’s legal and how to protect your HOA […]
Why Am I Being Deposed? Unit Owner Depositions in Transition Litigations – a Primer (NJ)
The unit owners in your condominium have been noticed for deposition in the pending transition litigation. Now they have come to you, the property management team, with questions. What should they expect at the deposition? What kinds of questions can they be asked? Did they do something wrong? Will they have to testify at trial? […]
EV Charging For Condos: Get Your HOA To Say “Yes”
Home is the most convenient place to charge an electric vehicle: just plug in after work and in the morning your EV is charged and ready to go. Single-family home owners who drive electric can just decide to install charging in their garage, but charging at home can be tricky if you live in a […]
Tree Removal Policies in an HOA Community
Planting trees is a natural, easy way to beautify the landscape of any community. Shared common areas and privately-owned properties within an HOA are often dotted with trees of varying shapes and sizes, and the effect is, for the most part, appreciated by all who live there. However, it’s not uncommon that, for one reason […]
Can an HOA hand over residents’ email addresses?
Can an association turn over residents’ email addresses to an outside party? Our community wants to share our addresses with a local radio station so it can send news alerts, which would be specific to our area. Residents can opt out. Read the Q&A……………………………..
Homeowner Suits Against Community Associations
The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operating under corporate nonprofit status. The community association was created by the […]
The Member’s Role in a Community Association
You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of what a community association is all about, please here. So now what? You have automatically become a member of the association within your subdivision. Read the article………………
A lawyer discusses co-op and condo renovations: Where to start in the planning process? (NY)
If you have just had the closing on a new co-op apartment and are planning to renovate, there are many things you will need to take care of before any actual work begins. A lot of this depends on the extent to which you are planning to renovate. It can vary from renovating just the […]