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When You Can -- and Can't -- Extend Your HOA's Vote Deadline May 2013
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 violates fiduciary responsibility to all homeowners, since I believe that it unfairly favors those in favor of such an effort." . . .
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Should This HOA President Resign? May 2013
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? . . .
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Should Your HOA Delay -- Not Ban -- Rentals? May 2013
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. . . .
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No Quorum for Meeting to Elect a Board: Give Up? And Can the Prior Board Carry On? May 2013
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 board just continue into the next term? When does the board declare failure to meet quorum requirements and end the torture?" . . .
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6 Ways Boards are Improving Their HOA's Operations May 2013
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. . . .
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Was This a Secret HOA Meeting? You Be the Judge April 26, 2013
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's not completely clear to all of our experts whether this board absolutely, positively did anything wrong. But it may have. . . .
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Yes, Virginia, That May Have Been a Secret HOA Board Meeting April 2013
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 elected officers included only one previous board member who was never part of the problem. . . .
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Does Your HOA's ARC Have to Enforce Local Laws? Discussion Forum Follow-up April 2013
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.' . . .
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Watch Your Lip: When a Board Member's Mouth Gets in the Way March 2013
A board member in an Arizona HOA resigned after proposing the association shoot a fellow owner for feeding feral cats, according to AZfamily.com. It's an extreme example, but here our experts discuss the types of comments board members should be wary of making even when they think they're engaged in private conversations. . . .
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Restarting Your HOA? Where to Begin March 2013
Here's a question from an HOAleader.com reader on a situation that happens more often than you might imagine: "We have four units in our building and three owners. Currently we have a property management company, but we have not been happy with them for some time and are looking to start new. However since Hurricane Sandy flooded our basement, I have come to realize that I need to know more. We have never had a formal board meeting and a few weeks ago was the first time all three owners were on a call together. My question is does anyone have advice on where to start?" . . .
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Smart HOAs Get Tenants on Their Side March 8, 2013
In this week's tip, we provide insight on why and how to get tenants involved in your community.Not sold on the idea of getting tenants involved in your community? It's more important than you think. . . .
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