HOA Governing Documents

HOA Governing Documents

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HOA Don't Preach: Madonna's Condo Bans Unsupervised Kids
May 2016
'Material Girl' Madonna is reportedly suing her New York City condo association for the right to leave her minor kids behind when she's not in town. According to TMZ, the condo passed a rule prohibiting children from living in a unit without their parents. keep reading

Rentals in Your HOA or Condo Getting You Down?
What HOA Boards Need to Know About Regulating Rentals Rentals in Your HOA or Condo Getting You Down? What HOA Boards Need to Know About Regulating Rentals
On-Demand Webinar
Rentals are one of the toughest issues to control at HOAs, and they've become even more difficult to oversee now that websites like Airbnb and VRBO have caught fire, facilitating short term rentals for home owners. What's a responsible HOA or condo board to do? View this "must watch" webinar on how to create a smart--and enforceable--rental policy at your HOA. You'll hear two community association lawyers with decades of hands-on experience in advising associations share their best advice. keep reading

How to Prevent a Takeover and Quick Death of Your HOA
April 1, 2016
That headline sounds ominous, but sadly, it describes an actual possibility in many states. In this week's tip, we talk about how it happens and how to prevent it. An Arizona community association has been taken over by investors, according to the ABC15 News Phoenix report, and it's not the first time this has happened in the state. In early March, the city's Jamestown Condominiums became the target of an investment group. Eventually, it acquired 80 percent of the units in the community and began sending notice to the remaining owners that the association was being terminated and they had to vacate. keep reading

Warning: Your State May Let Investors Take Over and Kill Your HOA
April 2016
You may have heard that during the recession, investors were buying residential property in bulk. Turns out, some are now using their leverage to shut down existing HOAs under state laws that permit such tactics. keep reading

Have HOA-Installed Cameras? You Should Also Have an HOA Camera Policy
March 18, 2016
In this week's tip, we offer advice on what to tell your residents about HOA-installed cameras. The topic is in response to a reader's question about whether it's wise to develop a policy surrounding such equipment. The short answer: Yes, please do. keep reading

3 Things to Include in Your HOA's Onsite-Camera Policy
March 2016
An HOAleader.com reader asks: "Is our board pursuing a prudent course by adopting an acceptable-use policy to govern the use and viewing of a recently installed four-camera security system? "It's understood that resident management are the only ones authorized to operate the system and view any necessary video, and that will be codified in the proposed acceptable-use policy. Can anyone foresee any reason NOT to adopt an AUP? keep reading

As Trees Grow, They Restrict Views. What's an HOA To Do?
February 2016
An HOAleader.com reader asks: "Approximately 15 years ago, our HOA planted trees in a green belt. However, they didn't consult a landscape architect or arborist. The species grew to about 40 feet tall and are quite dense. The unintended consequence is that it blocks the view of the mountains for about 10 percent of the homes (75 trees on about 1.75 acres). keep reading

Apps May Help You Oversee Your HOA. But are There Privacy Concerns?
February 2016
An HOA manager and a board member have created new apps that help users navigate HOA management and living. But do they raise privacy concerns? keep reading

HOA Board Member is a Felon and Ineligible to Serve. What Now?
February 2016
An HOAleader.com reader asks: "We've discovered that the president has a felony conviction on his record. In Texas, the code governing qualifications seems clear that : '(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.' keep reading

How to Treat an HOA Owner Who Wants, But May Not Need an Accommodation
January 29, 2016
In this week's tip, we tackle a tough question: Must you accommodate a disabled owner if the accommodation isn't absolutely, positively necessary but is just something helpful to the owner? Here's the back story. An HOAleader.com reader says one of the HOA's owners uses an electronic wheelchair to leave the home. That owner would like permission to attend the annual HOA meeting remotely, even though the building and meeting room are both accessible. And the HOA's bylaws apparently don't provide for remote access. keep reading

What's a Reasonable Accommodation in This HOA's Situation?
January 2016
An HOAleader.com reader asks: "Our HOA is in Pennsylvania. We've already sent out our notice of annual meeting. Proxies may be executed by homeowners who wish to vote but are unable to attend. A young homeowner, who uses an electric wheelchair when she leaves her home, has requested 'remote access' to the annual meeting. keep reading

Does This HOA's Bylaw Amendment Have Any Effect?
January 2016
An HOAleader.com reader asks: "The articles of incorporation of this corporation (association) say a quorum is 51 percent of the voting membership, and no amendment has ever been passed (since 1974) to change that percentage. keep reading

Can You Make Owners Insure Things the HOA is Responsible to Maintain?
December 2015
An HOAleader.com reader asks: "Are there any limits to a board's authority to add rules? Specifically, can a board add a rule to the association rule book that requires homeowners to purchase insurance to cover items the CC&R makes the board or association responsible for repairing or replacing? It would seem the association would be responsible for insuring what the association is responsible for repairing. It would also seem that such an insurance requirement belongs in the CC&R and not in association rules that can be added or amended by a simple board majority." keep reading

Community Limits Sales to Those of German Descent. Seriously? In This Day and Age?
December 18, 2015
In this week's tip, we discuss a New York community's lingering restrictive covenant that actually restricts owners to persons of German descent. In rural Long Island sits Yaphank, where according to The New York Times a Nazi summer camp once hosted parades and nearby streets were named after infamous Nazis. The streets have been renamed, reports the Times, but what still remains is a provision in the community's bylaws requiring owners to be primarily "of German extraction," a clause that has led to the 45-family community nearly all white. keep reading

Former Nazi-Supporting Community Still Enforces Rules on Sales. Is that OK?
December 2015
The New York Times recently highlighted a New York community with a strong Nazi-supporting past whose bylaws restricts owners to those of German descent. Owners have now sued the German American Settlement League, alleging that and other covenant restrictions--like prohibitions against advertising home sales on the open market--violate fair housing laws and keep the community essentially all white. Here we explain the background and offer lessons to other communities. keep reading

HOA Owner Repairs Basement. Waits Years. Seeks Reimbursement. What to Do?
November 27, 2015
A reader has written in and asked how to handle an owner's $8,000 request for basement repairs made in 2008. Yes, basement. And yes, 2008. Our experts say a lot of necessary information is missing. keep reading

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