An 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 […]
An 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 […]
An 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 […]
An 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.
In 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.
In 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?
Some 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.
An 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 […]
Need 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.
An 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 […]
In 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 […]
An 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 […]
In 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.)
Last 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. […]
An 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.
An 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.' […]