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Published by Plain-English Media, LLC
Home | Legal Compliance

HOA Legal Compliance

Subtopics: Federal Laws, State Laws, Fair Housing, Discrimination, ADA/Accommodations

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HOA Rules: Using Webcams and Video to Enforce Rules in Your Homeowners Association
March 2010
Webcams may be the simple and low-cost solution to some common but annoying problems with enforcing HOA rules. But can your condo or homeowners association install cameras and use the evidence you capture on video to impose fines on your residents? . . . keep reading
Discussion Forum Follow-Up: What's a Common Area in My HOA?
February 2010
A reader on the HOAleader.com discussion board asks a question many associations end up grappling with: What's a common area? A handful of owners in our reader's townhome have decks, rather than concrete slabs, which everybody else has. The governing documents don't reference maintenance for decks. Our reader wonders: Who's responsible? . . . keep reading
Mandatory Club Memberships May Land Your HOA in Court
February 5, 2010
This week's tip is a cautionary tale for homeowners associations considering making club memberships mandatory in an effort to generate additional funding. . . . keep reading
Can Your HOA Make Club Membership Mandatory?
February 2010
Cash-strapped homeowner associations in Florida, Oregon, and Washington have been testing a new plan to generate income for their communities--making membership in association clubs mandatory for all homeowners. If you've been considering generating revenue by amending your governing documents to make membership in your HOA's golf or other club mandatory, read on before you take any action. . . . keep reading
HOA Governance: Challenges Remain When Working with Lenders on Delinquencies
January 2010
Too many homeowners associations are struggling to deal with absentee owners who've taken the "jingle mail" route--they've walked away from the home they now owe too much money on, and they've mailed the keys to the bank--before lenders have foreclosed. Even when banks have completed foreclosure and own association units, HOAs still have trouble collecting ongoing fees. . . . keep reading
What Financial Information Must Your Association Disclose to Prospective Homeowners?
December 2009
One of your members has put her unit up for sale. She gets an offer and accepts it. You then get a request for all kinds of home owners association records from the buyer. What's your response? What must your association provide when prospective homeowners ask for your association's governing documents? What about your financial documents and minutes? What if the buyer asks the number of delinquent owners and the amount of the delinquencies? The answer to those questions depends on your state's law and your internal practices. Some states have rules requiring associations to provide extensive detail to potential buyers. Others are silent on the issue. Here's an overview. . . . keep reading
HOA Voting: Everything You Need to Know About Proxies
December 2009
What's a proxy? Who can assign it and when? Who can it be assigned to? Can your association implement any limits on the use of proxies? Here, our expert contributors answer your questions. . . . keep reading
The Fair Housing Act and Protected Classes: What Your HOA Needs to Know
November 6, 2009
This week's tip is taken from a new article that explains three areas of the federal Fair Housing Act (FHA) that are critical for condo and HOA boards to understand. Here we'll cover just one area: protected classes. . . . keep reading
HOA Legal Compliance: A Primer on the Fair Housing Act for Homeowners Associations
November 2009
The Fair Housing Act prevents many types of discrimination in housing. Here's a basic overview of how it affects your homeowners association. . . . keep reading
HOA Contracts: Can One Board Member Contractually Bind Your Homeowners Association?
October 2009
Can one board member, without the board's knowledge, bind the association to a contract? The short answer is yes. However, our experts have suggested practices you can implement to prevent it from happening at your association. . . . keep reading
HOA Rules and the FHA: Can Your Homeowners Association Restrict the Number of Occupants in Units?
October 2009
In today's recession, a growing number of families and even unrelated people are living together to save money. But when is enough occupants in one dwelling enough? Is four residents in a two-bedroom, one-bath condo acceptable? What if that number rises to six? Is it even any of the condo or homeowners association's business? Here are answers. . . . keep reading
How Should Your HOA Deal With Developers' Improper Promises? Discussion Forum Follow-Up
August 2009
A frequent thread on the HOAleader.com discussion forum deals with the all-too-common problem of associations that are left holding the bag after developers have bent the rules by making promises that violate the association's governing documents. Developers tell potential buyers they'll make an exception to association rules to close a deal. Then, after the developer turns the property over to an independent board, the new board is left trying to explain why some owners can break the rules while other owners have to follow those same rules. What can be done? . . . keep reading
HOA Reserve Studies: What You Need to Know
August 2009
Just what is a reserve study? What should it include, and how often should it be done? We've got answers. . . . keep reading
Does Your HOA Have Unwritten "House Rules"?
June 26, 2009
We recently talked to two experts about the problems condos and homeowners associations run into when they rely on unwritten "house rules". If your HOA is in this position, this week's tip is specially for you. . . . keep reading
HOA Rules: Don't Let Your HOA Board Get Caught in the Trap of Relying on Unwritten "House Rules"
June 2009
It's common for HOA boards to try to enforce "house rules" that are unwritten but have supposedly been followed since the beginning of time. Two experts explain why doing so is likely to come back to haunt you--and how to fix the situation if this has been a common practice at your condo or homeowners association. . . . keep reading
Don't Waive Your Right To Enforce Your HOA's Rules
June 19, 2009
If you have rules, use them or lose them. "Waiver" is a basic idea in contract law. It means that if you regularly let contract violations pass without complaint, you can't later try to enforce those provisions. . . . keep reading
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