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Idaho Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • HOAs Must Understand Use and Power of Contracts
    The board of directors in a homeowners association (HOA) is responsible for the functionality and governance of the community. One of the powers and duties delegated to the board of directors is the power to negotiate and enter into contracts, which is highly significant to the operation and bylaws of an HOA.   Read the article………………………..
  • Summer is here! Any Plans for Capital Improvement Projects?
    I’m certain that there are many communities (another word “associations”) out there that are getting ready to do improvements around their properties during this perfect season such as resurfacing asphalts, exterior building painting, entrance water feature renovation, etc. Of course, summer projects come with the question of “Are we adequately funded for these projects”.   Read the entire article……………………………….
  • Flags: What Everyone Ought to Know About Idaho’s HOA Flag Rules
    Flags are something you see every day and with summer holidays coming up, flags are going to be everywhere you go. Flags can mean different things to different people, they can represent countries, ideas, holidays, and even politics. Flags have a long history, and regardless of what they represent, they will continue to be put on display by people all around the world. However, what happens if you live in a Community Association that has restrictions when it comes to displaying flags?  Read the entire article……………………………….
  • The correlation between collection rates, HOA culture (ID)
    Homeowners association collection rates might be unsettling to those who believe they are exempt to pay or feel rules don’t apply to them. Most, however, do the right thing and do understand the concept of community living. Those few who buck the system, unfortunately, play a significant influence on its culture, according to a recent report by the Community Association Institute. It isn’t the people who don’t pay, necessarily; it is the failure of a Board to enforce the rules that influence the culture more.        Read the entire article……………………………….
  • HOA boards should operate more like a business (ID)
    Many Idaho homeowner associations lack adequate resources to operate like a business, and a volunteer board member ends up wasting an enormous amount of time on concerns that divert their attention away from key concerns. All too often, associations are run like a family community co-op, foregoing business acumen, to gather over a pot-luck. While casual gatherings are great for fostering relationships, the failure to operate like a business can damage the association and result in creative reporting, lackluster enforcement or homeowner disengagement.   Read the article…………………………………
  • Homeowner’s Association Liens in Idaho
    Idaho law allows a homeowner’s association (HOA) to record a lien against a lot when the owner fails to pay assessments. But only if the covenants, conditions & restrictions (CC&Rs) or bylaws give the HOA the power to file a lien.    Read the article…………………………….
  • Four steps to improve local wildfire planning (ID)
    The price of wildfire has never been higher. In 1995, fire made up 16 percent of the U.S. Forest Service’s annual appropriation budget; in 2015, wildfire consumed more than 50 percent of the agency’s budget. But the price of fire is also told in lost recreational opportunities, scarred landscapes adjacent to city centers, loss of wildlife habitat, presence of invasive species and, increasingly, after-effects such as flood and landslides, that can cause even greater long-term harm to a community than the initial fire.      Read the article………….
  • Idaho Supreme Court Revisits CC&R Case, Supports Association Attorneys Fee Award
    In 2013, the Idaho Supreme Court reversed a grant of summary judgment in a case brought by the members of a homeowner association against an entity purporting to be the declarant of their community Sky Canyon Props. v. Golf Club at Black Rock, LLC, 155 Idaho 604, 315 P.3d 792, 794 (2013) (Sky Canyons I). In that opinion, the Court found that an LLC known as The Golf Club, formed with the express purpose of selling club memberships, could not be the successor declarant described in the CC&Rs because the CC&Rs required that a successor declarant take “title to all or part of the Property in a bulk purchase for the purpose of development and sale.” At 4 (emphasis is ...
  • The sharing economy versus HOA CC&Rs: The battle begins
    I was recently made aware of what I believe is the first state supreme court case addressing the relationship between short-term rentals (Airbnb, VRBO, and such) and CC&Rs. Thanks to Bill White, an attorney here in Boise, for sending this my way.  On June 22, 2015, the Idaho Supreme Court decided Adams v. Kimberley One Townhouse Owner’s Ass’n, Inc., 158 Idaho 770, 352 P.3d 492, 493-94 (2015), reh’g denied (July 28, 2015), which upheld an amendment to CC&Rs of an HOA that all-but-eliminated the use of a single-family residence for short-term rentals.   Read the article………..
  • Wheelchair Ramps
    The media has covered cases across the United States involving homeowners associations running into conflict and legal problems over wheelchair ramps. Just this past month, the media featured the Broadnax family who retrofitted their house with a wheelchair ramp in an upscale neighborhood in Brentwood, Tennessee. After Mr. Broadnax returned home from rehabilitation following brain surgery, his family received a letter which told them, “The association demands that within 14 days of the date of this letter, you remove the wheelchair ramp and restore the exterior of your home.”    Read the article………
  • Community Upkeep, Maintenance and Avoiding Problems and Emergencies
    First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about liabilities, terms, provisions, or implications of the contract. The other single most important thing that I can tell community managers and homeowner associations is that for larger repairs and contracts – have the contractor name the association as an additional insured.    Read the article………..
  • New Idaho HOA Decision From Supreme Court
    Although Idaho courts rely on principles of contract construction to interpret covenants, conditions, and restrictions, there are a few instances that highlight the unique nature of these equitable servitudes and covenants appurtenant to title. One such instance arises when the owners decide to amend terms of their governing documents to restrict rental of private property. This situation was recently addressed by the Idaho Supreme Court in Adams v. Kimberley One Townhouse Owner’s Association, Inc. The Kimberley One decision provides new guidance and clarity in this area to homeowner associations in Idaho that wish to amend their covenants.     Read the article………….
  • CAI Best Practices: Ethics
    Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
  • Key Factors to Consider Should an HOA Decide to Use a Professional Management Service
    The operations of a homeowners association require expertise on many different levels. The management of a homeowner’s association by a handful of people that may change every year or two makes it very difficult for effective and prolonged operations. Different leadership styles and limited resources, make governing successfully very challenging for a volunteer board of directors.    Read more……..
  • Implementing a Maintenance Plan
    Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying and addressing components of the common property which need regular maintenance. Failure to do so will inevitably result in “trouble at your door.” This article contains some tips on how to avoid that trouble.     Read more………
  • Annual Meetings in Idaho
    Idaho law requires homeowners associations that are incorporated as non-profit corporations to hold at least one membership meeting per year. I.C. §30-3-46(1). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year    Read more……..
  • Other victims of the recession (ID)
    The recession hit hard in America as well as here in North Idaho. Not only were families affected by job loss and the resulting foreclosures of their homes, but there were other victims as well. With an inability to make house payments came other difficulties including a decrease in revenue for Home Owners’ Associations.    Read more……..
  • Transition
  • Strategic Planning
    Strategic Planning
  • Reserve Studies/Management
    Reserve Studies/Management
  • Green Communities
    Green Communities
  • Governance
  • Community Security
    Community Security
  • Financial Operations
    Financial Operations
  • Energy Efficiency
    Energy Efficiency
  • Community Harmony & Spirit
    Community Harmony & Spirit
  • Introduction to Community Association Living
    Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by local CAI chapters.    Read more…….
  • So Now You’re On the Board
    The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, simply modify or delete items as appropriate. http://communityassociations.net/wp-content/uploads/2011/03/so_now_youre_on_the_board.pdf  
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