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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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Can You Use Small Claims Court to Collect Unpaid HOA Fees?
July 2010
One California small claims judge's opinion has caused confusion over homeowners associations' ability to use small claims court to collect unpaid fees. Here, we explain the California brouhaha and offer insights about using small claims court in other states as well. . . . keep reading
HOAs and Parking: What Your Homeowner Association Board Should Know About Towing
May 2010
Here's what you need to know about creating a towing policy that complies with your local laws and provides owners proper notice before their car gets hauled away. We also provide tips if you're entering into a contract with a towing company. . . . keep reading
New Cases Scrutinize HOA Architectural Committee Decisions--Part 3
April 2010
Three recent court cases are a reminder that your board is responsible for oversight of its architectural review process and can be held liable when it fails to meet that duty. In this final installment of a 3-article series, we discuss a Washington case where an architectural committee overstepped. . . . keep reading
New Cases Scrutinize HOA Architectural Committee Decisions--Part 2
April 2010
Three recent court cases are a reminder that your homeowners association board is responsible for oversight of its architectural review process and can be held liable when it fails to meet that duty. In this second installment of a 3-article series, we discuss a California case that didn't go well for the HOA. . . . keep reading
New Cases Scrutinize HOA Architectural Committee Decisions--Part 1
April 2010
Three recent court cases are a reminder that your HOA board is responsible for oversight of its architectural review process and can be held liable when it fails to meet that duty. In this first installment of a 3-part series, we discuss a case in California where the community association went to court and won. . . . keep reading
Tax Day: What Your Board Must Know about Homeowners Association Taxes
April 2010
Homeowners associations have to file tax returns like the rest of the corporations in the United States. Here's a primer on the rules associations must follow when they file and advice on minimizing the stress of tax day for your HOA. . . . keep reading
Meeting in Secret Can Lead to Trouble for Your HOA Board
March 26, 2010
If your condo or homeowners association board has ever met without telling members that it's meeting, you need to read this week's tip about open meetings and executive session. . . . keep reading
Looking to Your Reserves When Your Homeowners Association Needs a Loan
March 12, 2010
Not enough funds in your operating account to pay the insurance premium due next quarter because a number of your homeowners are behind in assessments? This week's tip offers a possible solution for boards that have a short-term cash crunch: borrowing from reserves. . . . keep reading
HOA Finances: If Your Condo or Homeowners Association Needs a Loan, Can You Look to Your Reserves?
March 2010
If your HOA is short on cash for an insurance payment or would like to make an equipment purchase, can you borrow against that large chunk of money in your reserve fund? Would that even be wise? Here we discuss whether taking a loan from your condo or homeowner association reserves is proper or advisable. . . . keep reading
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
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