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Top 3 Strategies To Get HOA Votes

Many HOAs have problems getting their members to participate.  Meetings rarely see large crowds unless there is some emotionally charged issue.  Apathy is a problem and can harm the health of an association.

Throughout the life of a community association, members may get to a point that they need to […]

By |April 7th, 2015|HOA Board of Director Resources|0 Comments

Assessment Pitfalls HOAs Need To Know

THE PROBLEM
Sometimes a homeowner refuses to pay assessments because he doesn’t think the HOA is using that money wisely. I had one homeowner recently tell me he would not pay his dues until the association fixed the roads. Another demanded the park trees be trimmed first. And yet another […]

Avoid Security Snafus: Important Lessons To Learn From Howie Mandel Prank

Tonight I watched a video pranking Howie Mandel.  One of his buddies thought it would be funny if he used 4,000 rolls of toilet paper to tee-pee his house.  It was quite entertaining.  Check it out below, it’s worth a few minutes.  In all seriousness, though, this prank brings up an important […]

By |March 26th, 2015|HOA Board of Director Resources, HOA Enforcement|0 Comments

Rules For Collecting Management/Administrative Fees

QUESTION:  We (the management company) charge a $50 administrative fee when we send a file to collections.  A homeowner attorney sent us a demand letter saying we cannot pass these costs on to his client.  Is he right? What are the rules for collecting  management fees?
ANSWER:  It depends. Make […]

By |March 14th, 2015|HOA Board of Director Resources|0 Comments

Does The Board Always Have To Enforce Violations?

QUESTION:  My association sends violation notices for everything–from weeds, to garbage cans, to you name it.  True, all of these are violations but is there any discretion or must they always enforce violations?

ANSWER:  It depends.
LEGAL ANALYSIS
The case law says that a community association must do what its documents tell […]

Are Rental Caps Enforceable Under Arizona’s New Law?

QUESTION:  An attorney recently told me that the law now prohibits HOAs from enforcing their rental caps.  Is this true?  My concern is that my condominium would lose its Federal Housing Administration (FHA) loan backing if it exceeds their rental cap…

ANSWER:  The new law, A.R.S. 33-1260.01 for Condominiums and […]

By |February 23rd, 2015|HOA CC&Rs and Rules|0 Comments

HOA Attorney Client Privileged Communications

QUESTION:  We had an open meeting recently with our attorney.  She disclosed portions of her opinion letter about our faulty roofs to the members.  Now the members want her entire opinion letter and claim the attorney-client privilege was waived so I have to give it up.  What do I […]

By |February 9th, 2015|Ask the Experts, HOA Board of Director Resources|0 Comments

WARNING: HOA Rules About Minors Now Violate The Fair Housing Act

THIS IS A MUST READ FOR ANYONE WITH RULES RELATING TO CHILDREN
WARNING
Do your rules say “children under the age of 18 are not allowed in the pool or pool area at any time unless accompanied by an adult”?  If so, watch out!  More and more judges find that this […]

What Are A Director’s Fiduciary Duties To Homeowners?

The general rule of thumb is that a director’s fiduciary duties are to the non-profit corporation and not the homeowners.  Each state has its own laws about fiduciary duties so it is important to check your local rules.  That said, the real question is what “duties” are owed to […]

The Short Term Rental Conundrum

QUESTION:  Everyone loves the Superbowl… I DON’T!  I manage several condominiums and need a better way to discover and enforce short term rentals.  How do I do that?  I feel like I manage hotels rather than homes!

ANSWER:  Special events cause all sorts of interesting legal issues, including a spike in […]