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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

Crime — How To Keep It Out!

As more and more apartment complexes adopt the crime free program (started in Arizona over 20 years ago) more and more violent criminals are moving into HOAs and condominiums.

It is first important to understand what the crime free program is and what it is not.

The crime free program removes violent criminals from HOAs and condominiums. By keeping these hardened criminals out, communities experience drastic decreases in crime.  An association does this by attacking the root of the problem…landlords that don’t care who they rent their units to.  The crime free program requires that landlords screen their prospective tenants.  If the prospective tenant passes the background check, they can move […]

By |April 2nd, 2014|HOA Crime Free|0 Comments

HOA Reserve Study Process

Most Homeowners Associations in Arizona operate in much the same way businesses operate (or at least should). Every year board members and management companies sit down and work on next year’s budget. The annual operating budget is full of monthly expenses e.g., insurance premiums, utility payments, payroll expenses etc. Operating expenses are relatively stable and easy to predict. Reserve contributions, however, are not so easy to predict. What is a reserve contribution? Just as it sounds a reserve contribution is money set aside or contributed to the reserve fund on a monthly or quarterly basis to ensure an association […]

By |March 25th, 2014|HOA Reserve Studies|0 Comments

Public Streets And Parking Problems

Many of the roads that run through HOAs are public.  In other words, when the developer built the community, it turned the roads over to the local municipality for maintenance.  Many times the CC&Rs for a community says that members cannot park on the public road but must park in the driveways or garages.  Most management companies and boards in the past would send out violation letters to those members.  An all-to-often response is, “you can’t tell me what to do on a public road!”

The question then becomes whether the association can fine a member who parks their car […]

Crime Free Drives Crime Down

Does the crime free program really work in HOAs?  I hear that question all the time.  The short answer…  YES!  Over the last few months we’ve gathered some powerful statistics of how beneficial the crime free program actually is.  For starters, check out www.crimefreecommunity.com and listen to the testimonial there.  Now, for some specific statistics…Dobson Greens Condominiums-43% reduction in police calls and 40% decrease reduction in police reports. Brownwood Terrace-29% reduction in police calls and 39% reduction in police reports.  Sienna at Riverview-31% reduction in police calls and 39% reduction in police reports. The Springs at Mesa-53% reduction in […]