The Missouri Supreme Court recently upheld a Jefferson County Circuit Court judge’s ruling that a Hindu religious group must comply with a House Springs neighborhood association’s rules and pay a portion of legal fees incurred during a 17-year land dispute.   Read the article…………………………….

On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner associations (HOAs).   Read the article…………………………….

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships.   Read the article………………………..

Unlike municipalities, HOA’s are not prevented by the new law from restricting work from home in their respective subdivisions so long as their governing documents provide for such restrictions.   Read the article………………………..

The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just like any other property right.  On Wednesday, June 29, 2022, Missouri Governor Parsons signed legislation which will change how homeowners associations may regulate the installation and use of solar energy within their communities, effective as of January 1, 2023.   Read the article…………………………….

Like individuals, the boards of Home Owner Associations can have distinct personalities, interests, strengths and weaknesses. Some play well with others and stay out of trouble, while others might always be entangled in conflicts.

As Americans, we cherish our First Amendment rights – chiefly among them, our freedoms of speech and expression. In November, for many that includes the freedom to express their political beliefs. As recent news stories have shown us, homeowners are willing to go to great lengths to express themselves, especially when they feel their rights are being suppressed.     Read the article………………………………..

If you live in a subdivision, your property is likely governed by a homeowner’s association (HOA) and a written declaration of covenants, conditions, and restrictions regarding the use, condition, and overall appearance and aesthetic of your home (“Declaration”). As the below case illustrates, alterations to your property may be prohibited by or require prior approval under the Declaration, and you may be forced to remove such alterations, at your cost, if you violate such provisions.   Read the article……………

Not all thieves are stupid and here are some thoughts that we ALL should consider   Read more………….

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?”

Quite frequently, the homeowners association (“HOA”) of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from changing the date of the annual meeting (please, do not schedule for the last day of October, Halloween, the fourth Thursday of November, Thanksgiving, or some other holiday, either by specific date or particular week of the month), number of board members or even the requirements for payment of the annual assessment. Those changes would arguably not expand the reach of the indentures or restrictions.     Read more………

Thinking about labeling your delinquent owners with a scarlet “D”.  It’s a risky business

Unlike earlier articles we have written about the necessity to memorialize and document actions taken by condominium and subdivision boards and their constituent members, there is an equally important matter which, unfortunately, I just sort of assumed would be understood, but perhaps it is worth repeating.      Read more……..

Transition

Strategic Planning

Reserve Studies/Management

Green Communities

Governance

Community Security

Financial Operations

Energy Efficiency

Community Harmony & Spirit

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of informed consensus.

The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act.  Read More……

David M. Ketchmark, Acting United States Attorney for the Western District of Missouri, announced that the owner of a Kansas City, Missouri business was sentenced in federal court today for embezzling more than $750,000 from dozens of homeowners associations. Dale Palmer, 54, of Kansas City, Missouri, was sentenced by U.S. District Judge Nanette K. Laughrey to 46 months in federal prison without parole. The court also ordered Palmer to pay $825,937 in restitution to the victim homeowners associations and their insurers. Palmer, who pleaded guilty to mail fraud on Feb. 21, 2012, owned and operated Home Owner Association Services (HOAS), headquartered in Kansas City, Missouri. HOAS provided property management services for building and neighborhood homeowner associations and managed operating accounts for ...

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…….

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