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HOA Fair Housing Act And Weird 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.

Some may laugh when they hear that a squirrel may be protected by the FHA.  I did.  In a nut shell, […]

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 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 […]

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-killer.

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 […]

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

Board Duties Now Include Pursuing HOA Construction Defects

Watch out!  Yet another case just ruled that a board’s duties even include investigating causes of damage to the common elements and pursuing anyone who is responsible for that damage.  This can become a big issue when we are talking about multi-million dollar HOA construction defect issues!  Because this is such an important issue, I had to break it down for you.

On June 25, 2014, an appeals court held that a board has a duty to investigate any causes of damage to common elements and to pursue anyone responsible for that damage.  Fisher v. Shipyard Village Council of Co-Owners, […]

By |August 30th, 2014|HOA Board of Director Resources|0 Comments

Director Liability–Should You Worry?

Being a director on a board is rewarding but it has its challenges. As a director, the community blames you when things don’t go well. Over the last several years there has been a movement among some law makers to hold directors personally liable when associations lose lawsuits. Thank goodness this movement has failed each time a law maker tries to get it passed into law.

Assuming a statute like the one discussed above never passes, the current laws say that a director is indemnified from any liability in a community unless the problem is due […]

By |August 20th, 2014|Members|0 Comments

Enforcement Lawsuits: How To Recover Attorney Fees When You Sue

We’ve all been there… someone in the community refuses to cure a violation and you want to know what to do about it. For example, John Doe is installing an RV Garage on the side of his lot and the CC&Rs prohibit RV parking and RV garages. Under these facts and circumstances, the association would be justified in requiring John to stop his construction and return the property to its original state. But, there are times when the homeowner refuses to listen to the association’s cease work requests. In these situations the association can […]

By |August 11th, 2014|HOA Enforcement|0 Comments

Group Homes in HOAs

One HOA president recently told me his community has about 10 group homes, ranging from group homes for the disabled to group homes for troubled youth. Another HOA treasurer told me they have a few that service the elderly. In all actuality, there are more group homes than one may think. The question is often asked if an HOA can prohibit them and if not what boards or managers can do to ensure the rest of the community is not adversely effected by them.

First, group homes may be protected by the Fair Housing Act (FHA). The FHA is a […]

By |July 12th, 2014|Uncategorized|0 Comments

The fastest way to lose 55+ community status

Did you know that ALL 55 and older HOAs are guilty of “discrimination on the basis of age” as that term is defined under the Fair Housing Act (FHA). Discrimination isn’t a bad thing all of the time. For example, I discriminated against toast this morning for breakfast when I decided to only have scrambled eggs. Discrimination is simply the act of choosing one thing over another. When any community restricts how old one has to be to live their it is discriminating. If the analysis were to stop there age restricted communities would […]

By |July 12th, 2014|Uncategorized|0 Comments

Understanding your Reserve Study – Percent Funded Level

Do we have enough or too much money in our reserve account? This is a very common question board members ask. To answer this question you need to know what your association’s percent funded level is. We should begin by explaining how percent funded level is calculated and how to interpret this. Percent funded as defined by National Reserve Study Standards is “The ratio, at a particular point of time (typically the beginning of the Fiscal Year), of the actual (or projected) Reserve Balance to the Fully Funded Balance, expressed as a percentage.” More simply, Percent Funded compares what […]

By |April 28th, 2014|HOA Reserve Studies|0 Comments

Is your Neighborhood Safe from Sexual Predators?

Did you know that in the US a forcible rape occurs every 6min 12secs? Are you a national crime statistic? Do you know how or have you checked to see if maybe a previously convicted sex offender is living in your HOA or neighborhood? As you view this “Is you Neighborhood Safe from Sexual Predators infographic” we’ve created below we hope it will wake you up to how tragically common these types of crimes can be. We then hope you will use the tools below to find out more information about who may be living in your neighborhood. Has […]

By |April 22nd, 2014|HOA Crime Free|0 Comments