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HOAleader.com- What Happens If Your HOA Election Ends In a Tie? May 24, 2013An HOAleader.com reader asks, "At our annual meeting we had a tie. We were voting for three directors to fill the board vacancies, and two candidates received the most votes, but there was a tie between two candidates for the third seat. How is that settled?" Here we discuss the general issue of how to handle a tie vote. We also address who has the […]
- Four Thoughts on Modifying Bylaws and Board Term Limits; Discussion Forum Follow-up May 19, 2013An HOAleader.com reader asks, "Our bylaws state that we need to have elections every two years. We have four seats on odd years and three seats on even years at two-year terms. We have a very hard time getting anyone to run for the board. I saw a comment in here regarding that issue of how so many HOAs have that problem and how they are changing the ter […]
- When You Can -- and Can't -- Extend Your HOA's Vote Deadline May 18, 2013An HOAleader.com reader asks, "Extending voting AFTER the deadline has come and gone--that's what's happening here on an important CC&R amendment the board wants to see pass. A week or more after the deadline, without sufficient votes, they've extended the voting, and I want to know if this is LEGAL. I'd also like to know if it v […]
- When Your HOA Has Employees, Get the Right Insurance May 17, 2013An HOAleader.com reader asks, "Our association employs several staff. Is it common practice to purchase liability insurance to specifically defend board members and protect association assets from and against the claims of employees, since general liability and directors and officers coverage excludes this?" Here's the skinny.
- HOA President Gambles HOA Funds--and Refuses to Resign. Now What? May 17, 2013In this week's tip, we discuss whether all should be forgiven if a board member improperly uses HOA funds (to gamble, no less!) and then pays them back. The first issue is the proper process for removal of directors. States vary, but Florida provides guidance.
- Should This HOA President Resign? May 17, 2013In response to a reader's question, we ask our experts if they can imagine a circumstance in which a board member who withdrew HOA funds for personal use shouldn't resign, even if the funds were paid back. Also, under what circumstances would the HOA have its lawyer defend the president in a recall petition?
- Should Your HOA Delay -- Not Ban -- Rentals? May 17, 2013Some condo and homeowners associations forbid rentals altogether, but others are taking a different tack--banning rentals for a period of time, say one or two years. What are the pros and cons of a short-term, instead of an outright, ban? Here's the scoop.
- No Quorum for Meeting to Elect a Board: Give Up? And Can the Prior Board Carry On? May 16, 2013An HOAleader.com reader asks, "The CC&Rs say 51% for a quorum. If no quorum, quorum requirements drop to 25% for the adjourned annual meeting. My question is if a first adjourned meeting has to be called because the 25% quorum requirements were not met, and the second adjourned meeting also fails to meet the 25% quorum, what then? Does the sitting b […]
- Have You Tried These HOA Best Practices? May 10, 2013In this week's tip, we give you a taste of six ideas HOA boards nationwide have implemented to make their communities better places to live.
- 6 Ways Boards are Improving Their HOA's Operations May 10, 2013Need ideas to help your condo or homeowner association run more smoothly? Here, board members from associations across the country and experts who advise them share six of the best practices they've recently implemented to streamline operations.
- HOA Legal Committees: Good Idea That Can Be Abused May 3, 2013In this week's tip, we answer a reader's question about the legitimacy of his HOA's legal committee and whether its secretive deliberations are necessary.
- HOA Legal Committee: To Be or Not to Be? May 3, 2013An HOAleader.com reader asks, "A few years back our HOA board formed a legal committee of board members. They have been operating outside of the board on all issues, even those lacking pending litigation. Over the past 12 years, I've been on the board five times, serving in an officer position each time. This year I was appointed to the legal commi […]
- Was This a Secret HOA Meeting? You Be the Judge April 26, 2013In this week's tip, we discuss the fallout from what may have been a secret board meeting. Here's what happened. AnHOAleader.com reader says a handful of board members met to discuss how they'd handle a sensitive issue at the next meeting--but they didn't tell anybody else they were meeting. When the others found out, they balked. It […]
- Yes, Virginia, That May Have Been a Secret HOA Board Meeting April 26, 2013An HOAleader.com reader asks, "It became evident that our nine-member board was making some costly and unwise decisions. At our recent annual meeting, we were able to fill the majority of positions with some people who possess good, solid business and management backgrounds so that those remaining from the old board are in the minority. The subsequently […]
- Are Illinois Courts a Danger to Its State's HOAs and Others? April 19, 2013In this week's tip, we head backto Illinois to discuss yet another questionable Illinois court ruling that could have implications for HOAs far and wide. (See last month's article on another questionable Illinois court ruling.)
- Illinois Court Rules Owner Can Shirk HOA Assessments April 19, 2013Last month, we discussed the wisdom of an Illinois Supreme Court case,Poris v. Lake Holiday Property Owners Association, allowing HOA security officials to stop and write tickets to speeding home owners. (See last month's article.) In what we hope doesn't become a regular series, we'll now discuss another controversial Illinois court case. […]
- HOA Yard Sales: Community Builders or Killers? April 13, 2013In this week's tip, we tackle the tough question of whether yard sales are good or bad for HOAs.
- Pros and Cons of Banning Yard Sales in Your Homeowners Association April 13, 2013An HOAleader.com reader asks, "Are yard sales a good idea for a HOA? The board is concerned with the extra traffic it involves, plus the possibility of criminals casing our properties." Here our experts discuss whether their clients have rules governing yard sales--and whether they should. You might be surprised at their disagreement.
- The HOA's ARC: Not to Be Confused with a Building Inspector April 5, 2013In this week's tip, we tackle the question of the responsibility of the architectural review committee for enforcing local zoning and building laws. In short, it's not their job.
- Does Your HOA's ARC Have to Enforce Local Laws? Discussion Forum Follow-up April 5, 2013An HOAleader.com reader asks, "Our [architectural review committee] has taken the stance that it is not their responsibility to enforce county laws. Our CC&Rs state,'In addition to the restrictions established by law, the following restrictions are hereby imposed upon the use of lots, common areas, and other parcels within the properties.' […]
- What Happens If Your HOA Election Ends In a Tie? May 24, 2013
