HOAleader.com provides practical advice on homeowner and condominium association management, laws, rules, insurance, finances, reserves, dues, liens, assessments, dispute resolution, and more.HOAleader.com provides practical advice on homeowner and condominium association management, laws, rules, insurance, finances, reserves, dues, liens, assessments, dispute resolution, and more.
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Home | Governing Documents

HOA Governing Documents

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Four Thoughts on Modifying Bylaws and Board Term Limits; Discussion Forum Follow-up
May 2013
An HOAleader.com reader asks, "Our bylaws state that we need to have elections every two years. We have four seats on odd years and three seats on even years at two-year terms. We have a very hard time getting anyone to run for the board. I saw a comment in here regarding that issue of how so many HOAs have that problem and how they are changing the term of office limits. My main question is, Can we as a board amend or restate our bylaw pertaining to the term of office without having to get a membership vote? . . . 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
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. . . . keep reading
Getting Tenants Invested in Your HOA
March 2013
Experts are advising that HOAs work to get tenants more invested in their community. Why is that wise, and how can you achieve that goal?We answer both questions below. . . . keep reading
HOA Boards: Beware Lenders' Questionnaires
In this week's tip, we provide a timeless warning: Loose lips sink ships. . . . keep reading
HOA Boards Put the Pen Down: Think Hard Before Answering Lenders' Questions
Chances are, you've seen the questionnaire. Maybe you've actually filled one--or many--out. But those forms from lenders evaluating whether to issue a mortgage to a potential buyer in your HOA may actually spell danger for your HOA. . . . 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
The Pros and Cons of Growing Your HOA
October 2012
Can you expand your HOA? . . . keep reading
3 Tips for Successful Proxy Procedures for HOA Boards
October 2012
In this month's related article, Is There a Limit to the Number of Proxies HOA Owners Can Gather?[add link], Raymond Daniel Burke, a principal at Ober Kaler, a law firm in Baltimore, who represents an average of 20 community associations, says "Proxies should be used according to a procedure established for the association." . . . keep reading
Is There a Limit to the Number of Proxies HOA Owners Can Gather?
October 2012
In the July 2012 HOAleader.com article "HOA Elections: How to Identify HOA Proxy Fraud or Abuse," James R. McCormick Jr., a partner at Peters & Freedman LLP in Encinitas, Calif., who represents associations, said, "There's nothing preventing any of the owners from soliciting proxies from anyone. And the reader asking these questions can solicit his own proxies, too." . . . keep reading
How to Handle an AWOL HOA Board Member
October 2012
Having a hard time attracting not just owners to your meetings but HOA board members? The dilemma happens more than you might think. Here our experts will weigh in on the basic question of how to address a persistently AWOL member of your condominium or homeowner association board of directors. They also address the challenge of a board president who seems to be happy hoarding power through a proxy. . . . keep reading
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