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HOA Board Delay – How Long Is Too Long?

Question about HOA Board delay, submitted by an HOA Institute member:
Question:

“How long does the Board of Directors have to respond to a homeowner’s letter (sent via the Property Manager… asking for clarification regarding the delay of the board’s decision concerning a particular issue)? If they do not respond what then? The CC&R’s, By-Laws and Rules & Regs do not address the time constraints.”
Answer:
An HOA board delay can be frustrating. Sometimes it is not the board’s fault; other times it is. While the law does not prescribe a deadline to respond to an owner or their representative, the law does require that […]

By |October 28th, 2014|Ask the Experts|0 Comments

Covenant Enforcement: Don’t Delay

There are a million different kinds of violations and many enforcement options to deal with them. RVs, Boats, garbage cans, unapproved sheds and the list of infractions goes on… When asking nicely and issuing fines don’t work, board members may be hesitant to file lawsuits, because of the costs and fees associated with enforcement. Sometimes, contested lawsuits can cost more than $30,000. Thankfully, average lawsuits to enforce CC&R violations costs much less. In many cases we are able to get the relief the association needs for around $1,500 to $4,500. Even better, judges oftentimes award some or all of those […]

HOA Meeting Notice Requirements

Notice: HOA Meeting In Progress
Arizona recently changed it’s law regarding notice to open meetings. It used to be that the statute almost always defaulted to what the governing documents said. Not so anymore. In Arizona there are three kinds of meetings that may be subject to notice:

Member Meetings
Board Meetings
Committee Meetings

Member Meetings
Member meetings are meetings where the members make the decisions. An example of this would be annual meetings where directors are elected and special meetings where amendments to the CC&Rs are voted on. Notice for member meetings shall be not less than 10 nor more than 50 days before the […]

By |October 13th, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

No HOA Directors – Now What?

What is an HOA Without a Board of Directors?
Being on a board can be tough, it is not uncommon for a director to resign, but what happens if they all resign or quit? We have seen this happen even in managed communities. The management company then asks whether they can just act as the board. That is a bad idea. It increases liability of the management company among many other things. So, what is a homeowner or management company to do if the entire board resigns or quits?
Best Case Scenario
Ideally, the homeowner or management company should consult with its […]

By |October 7th, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

Curb Appeal

Encouraging homeowners to keep up appearances is surprisingly difficult. Shouldn’t it be obvious to everyone in the neighborhood that keeping up the general curb appeal helps everyone? Keeping lawns, trees and bushes properly trimmed encourages greener leaves and brighter blooms. Keeping weeds from growing in the grass, rocks, plants and cracks in the sidewalk is also vital to the beauty of the neighborhood as a whole. Knowing this, why are our neighbors reluctant to pitch in? Likely, because they don’t know what they are doing, don’t have time to keep struggling against their growing jungle and don’t think they […]

By |September 26th, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

Can HOAs Prohibit Medical Marijuana–The Answer May Surprise You!

Medical Marijuana, Keeping the Weeds Out of the Neighborhood.
Many states allow medical marijuana use. A few states even allow recreational use. With the rise in marijuana use, HOA attorneys are receiving more and more requests for legal council:

What are the homeowners rights?
What rights does the homeowners association have to restrict Marijuana use?
Can homeowners smoke it?
Can the HOA prohibit it?

The answers to these questions may surprise you.
The Easy Way
Even if marijuana use is authorized by state law, it is still prohibited by federal law. The easy answer therefore is, yes, a community association may prohibit smoking pot because it is still a […]

By |September 22nd, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

Homeowners Association Records — What To Disclose And What Not To

Who Should Have Access to Your Homeowners Association Records?
Homeowners associations are generally private entities, which affects who their association records are available to.  They are not governments so most constitutional rights are not available.  When it comes to document review, what is subject to inspection and copying is governed by the community documents and state laws.

Generally, homeowners association members are entitled to see or copy most HOA documents.  A good rule of thumb is to start with the assumption that everything is subject to inspection and then look to the documents and laws to carve out exceptions to that general rule. […]

By |September 22nd, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

HOA Fair Housing Act And Weird Service Animals

The Fair Housing Act (FHA) prohibits discrimination on the basis of disability, among other things.  The FHA regulates every HOA in every state and can get tricky.  Violations are serious and result in judgments in the hundreds of thousands of dollars.  One would think that as long as the governing documents say so, a board can prohibit excessively loud parrots, large boa constrictors, smelly pigs or ferrets, or even mischievous little Capuchin monkeys.  They may be wrong.  Dead wrong.  These may be weird service animals protected by the FHA.

Some may laugh when they hear that a squirrel may be […]

By |September 16th, 2014|HOA Board of Director Resources, HOA Homeowner Rights|0 Comments

Condominium Leaks – Water Damage – Who Pays?

Many of you may have heard about the record breaking rains in Arizona yesterday. With those rains, however, came a flood of complaints from condo owners whose units were damaged by water leaks. In some cases the condominium leaks were torrential. The question now is “who pays for the damages?” The answer may surprise you — it depends!

It depends first on what the CC&Rs say. In some cases the CC&Rs place the duty to repair and replace everything damaged on the condominium. Sometimes they place the duty to repair the roofs on the condominium and the repair of the unit on […]

By |September 9th, 2014|Premium Articles|0 Comments

HOA Annual Meeting–No Quorum–What Now?

Last week I had an HOA client call me in a hysteria. They were very worried that their HOA would be dissolved by the corporation commission because they didn’t make quorum at their annual meeting where they were voting on director positions. Admittedly, directors’ terms do expire and annual meetings are required to re-elect or elect directors for the next terms. However, failed quorum is not a deal-breaker.

Let’s face it, communities run into apathy problems. We find a lot of folks come home from work and unplug by wrestling their kids or watching their favorite TV shows on netflix. This […]

By |September 2nd, 2014|HOA Board of Director Resources|0 Comments