An HOAleader.com reader asks, "We have a secured parking garage in our condo building with assigned parking spaces. There are four parking spaces that remain unassigned and that passed from the developer to the HOA at transition. The board has been unwilling to rent or sell these spaces to owners, preferring to 'reserve' them for their own use […]
In August, a Florida appellate court penalized an HOA for overreaching when it came to overdue attorneys' fees. The court in Ocean Bank v. Caribbean Towers Condo Association held a bank was entitled to recover its attorneys' fees from an association in a dispute over the proper amount of unpaid assessments owed for two properties in the foreclosure […]
An HOAleader.com reader describes how one resident in their self-managed homeowners association "uses our common community e-mail system to rant about almost anything and everything regarding business in our community from elections, to policy, to covenant interpretations.... We think that we may have grounds for a civil charge of harassment, or at leas […]
In this week's tip, we discuss whether a homeowners association board of directors should divvy up costs for water use based on the number of residents in units and whether it can demand on-the-spot inspections to be sure owners with washers are paying the association's required washer tariff.
In response to a reader's question, we discuss the challenges an HOA's water policy creates and ask whether it's necessary or unwise. We also address whether any fair housing issues, or other state or federal laws, are implicated by using number of residents as a basis to assess water costs.
An HOAleader.com reader asks, "I'm president of an HOA with 64 units. Many years ago, several of our members planted flowers in the common areas and would like to continue to do so. However, since we hired a property management company, the company insists they sign a waiver to hold the HOA harmless in case of injury while planting. The members are […]
One HOA reported in a blog post that it made a "temporary transfer" of reserve funds for litigation. Is that permissible? What other unusual uses are permissible? Also, how do you know when your condo or homeowners association must repay its reserve funds for an expense? Are there time limits on how quickly it must be repaid? Here we answer those q […]
We recently reported on legislative activity in California, Florida, Ohio, Texas, and Utah. Even for Michiganders and board members in other states where it's quiet on the legislative front, it's wise to track other states' proposed and passed legislation so you know what may be heading your way. Here's a rundown of noteworthy legislative […]
An HOAleader.com reader asks whether a small shed, "which you can't see from the street at all" is permissible. Here our experts answer that question and offer tips to boards on determining whether their architectural controls are reasonable.
An HOAleader.com reader asks, "What does a board do when the webmaster (also a board member) unilaterally modifies prior minutes without a vote of the board? When discovered and called upon to explain, the explanation does not add up as truthful. Should this be discussed at a meeting?" Here our experts answer the question of when meeting minutes ca […]
This is the second in a two-part series on whether you can forgive home owners' debt to your HOA. In this article, we discuss when it's OK to make an agreement with home owners to forego collecting debt you have every right to collect.
Are you protecting your homeowners or condo association as much as possible with your insurance decisions? Here our experts from the legal and insurance industries tell us the nine most common insurance mistakes boards make to their HOA's detriment.
An HOAleader.com reader asks, "Our 93-unit condo here in Washington state has a rental cap and a minimum six-month leasing period. We have an owner who advertises on Airbnb with a minimum 30-day lease. How can we 'prove' his non-compliance? Or is his advertisement enough to levy fines for past and present infractions? The owner is off site. […]
Test your knowledge on HOA financial statements: Who should prepare them? How often should they be prepared--monthly, quarterly, or only for annual board meetings? To whom should the statements be distributed when they're prepared? What specific information should be included in them? Here are answers from our experts.