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HOA Legal Compliance

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

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HOA Legal Committees: Good Idea That Can Be Abused
May 3, 2013
In this week's tip, we answer a reader's question about the legitimacy of his HOA's legal committee and whether its secretive deliberations are necessary. . . . keep reading

HOA Legal Committee: To Be or Not to Be?
May 2013
An HOAleader.com reader asks, "A few years back our HOA board formed a legal committee of board members. They have been operating outside of the board on all issues, even those lacking pending litigation. Over the past 12 years, I've been on the board five times, serving in an officer position each time. This year I was appointed to the legal committee. . . . keep reading

Are Illinois Courts a Danger to Its State's HOAs and Others?
April 19, 2013
In this week's tip, we head backto Illinois to discuss yet another questionable Illinois court ruling that could have implications for HOAs far and wide. (See last month's article on another questionable Illinois court ruling.) . . . keep reading

Illinois Court Rules Owner Can Shirk HOA Assessments
April 2013
Last month, we discussed the wisdom of an Illinois Supreme Court case,Poris v. Lake Holiday Property Owners Association, allowing HOA security officials to stop and write tickets to speeding home owners. (See last month's article.) In what we hope doesn't become a regular series, we'll now discuss another controversial Illinois court case. . . . keep reading

Are HOAs Taking Security Too Far?
March 16, 2013
In this week's tip, we discuss whether your HOA should build a police force to begin raiding owners' homes for rules violations. . . . keep reading

Court Says HOA Can Issue Speeding Tickets; What's Next, Undercover Ops?
March 2013
The Illinois Supreme Court held in January that an HOA's hired security officer could stop and issue a valid speeding ticket againsta home owner. Here, we explain the court's decision in Poris v. Lake Holiday Property Owners Association and whether the court's reasoning would likely be upheld in other states. . . . keep reading

Guns and Your HOA: What to Know About "Concealed Carry" Laws
January 2013
Since the tragic massacre in Newtown, Conn., gun control has returned to the fore of legislative debate in Washington and in state capitals. In recent years, a growing number of states implemented laws that allow residents to carry a concealed weapon in public. Does your community association have the right to demand that owners leave their weapons outside common areas, like a clubhouse, pool, or meeting room? Here are some answers. . . . keep reading

Is An HOA Website Too Risky?
November 2012
An HOAleader.com reader writes, "I feel that a website is key for our Texas community. We have approximately 200 residents. When I suggested a website, I was told that the attorney for our association has said absolutely not, that it opens us to lawsuits. Is that true, and if so, could it be username/password protected to eliminate any problems? Our community is very fragmented and lacks community spirit because the communication to the members isn't adequate." Here, our experts discuss the legal risks of having a website and whether password protections are sufficient to eliminate risks. . . . keep reading

True or False: Having an HOA Website Is Fraught with Peril
November 16, 2012
In this week's tip, we answer a Texas reader's question about whether his HOA's attorney is right: websites are just too dangerous for HOAs to have. Our experts respectfully disagree with that Texas lawyer. . . . keep reading

Do Your HOA Committees Keep Records? Should They?
October 26, 2012
In this week's tip, we discuss whether your HOA's committees should keep records. They should, of course. It's the "how" they do it that's up to you. . . . keep reading

Are You Keeping Proper Committee and HOA Board Records?
October 2012
An HOAleader.com reader writes, "We are having a very difficult time getting our past and current board members and committee members to turn over the records of the association. People act like they are not records of the association and just say they are going to keep them or throw them away. We don't have any ARC [architectural review committee] records or minutes from meetings." . . . keep reading

5 Tips for Creating a Smart HOA Records Retention System
October 2012
If you're just jumping on the "let's keep records" bandwagon, Brad van Rooyen, a partner at Home Encounter, a Tampa, Fla., company that manages 15 community associations totaling about 3,000 owners, suggests you ask yourself some questions that will guide you to a smart process. . . . keep reading

How Far Does an HOA President's Power Extend? Discussion Forum Follow-Up
September 2012
Can a president sign a landscape contract without the board's approval? And did the president of this reader's HOA have a conflict of interest here? Our experts provide answers. . . . keep reading

What Happens When Nobody Runs for the HOA Board?
September 2012
An HOAleader.com reader wants to know what happens when nobody runs for any open board seats. Here our experts give the lowdown. . . . keep reading

Clean Up HOA Elections: Prevent Proxy Problems
July 13, 2012
With concerns about voter fraud in this presidential election season, this week's tip reminds you to be concerned with a similar problem in your HOA elections. Here are two tips for preventing proxy fraud and abuse. . . . keep reading

HOA Elections: How to Identify HOA Proxy Fraud or Abuse
July 2012
It's perfectly OK for candidates for board positions to solicit proxies from other owners and then vote the proxies on those owners' behalf. But an HOAleader.com reader is suspicious of the practice. . . . keep reading

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