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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HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association
Upcoming Webinar
HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association Stop us if you've heard this one before: You announce an HOA election providing proper notice, yet only a handful of owners show up to vote. You end up short of your quorum requirements, and you have to start all over again with your fingers crossed that next time, your luck will be better, and your election will be successful. Or instead, you hold your election, get definitive results--you think--but then the election gets challenged. We can help you do better! Join us for an in-depth webinar on October 9 led by two community association lawyers who've devoted their extensive--and impressive--careers to solving the challenges HOAs face every day. You'll log out of the webinar with valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious. . . . keep reading
Lighten Up? Installing Solar Panels in Your HOA's Common Areas
September 12, 2014
In this week's tip, we discuss a reader question we've been asked more than once: Should we put fallow common area space to use by installing solar panels? We can't find an HOA that's gone ahead and acted on the idea. "I had a client developer talk about doing it but never did it," says Janet Bozeman, a shareholder at Hyatt & Stubblefield, an Atlanta law firm that's represented hundreds of associations. "Because of the economy, the project didn't get built. And I don't know of any clients who are doing this now." . . . keep reading
Solar Panels for HOA Common Areas: A Bright Idea?
September 2014
An HOAleader.com reader writes, "Our common property contains an area that seems most suitable for placing [solar] panels and useless for most anything else. Have you any wisdom, knowledge, and experience from other HOAs on this subject? Tax incentives and electric company buybacks seem irresistible." Here we uncover some insights. . . . keep reading
Florida Courts: Homeowner Association Authority to Enter Units Has Limits
August 22, 2014
In this week's tip, we discuss two Florida cases that serve as reminders to boards that their access to owners' units is still broad, but it's not unlimited. In Small v. Devon Condo Association, a homeowner who'd recently been diagnosed with a breathing disorder denied her condo association access to conduct pest control services in her unit. She contended her doctor advised against being near chemical pesticides. She notified the condo that she didn't want pest control to be conducted in her unit, and the association stopped spraying from 2005-2009. The owner says she used an alternative form of pest control during that time. . . . keep reading
HOA Boards: Where Does Your Association's Right to Enter Owners' Units End?
August 2014
Two Florida cases are reminders to HOA boards that their access to owners' units is broad, but it's not unlimited. In one case, the board wasn't permitted automatic access to do monthly pest control treatment. In another, which the more recent opinion relied on, the court found a condo association didn't have an automatic right to enter an owner's unit to perform balcony repairs. Here we explain the cases and discuss the limits to your right of entry in various states. . . . keep reading
Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
HOAleader.com On-Demand Webinar
Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful. Join us for an in-depth webinar on July 31 led by two community association experts: a lawyer with more than a decade of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager with insights on the day-to-day operations of rules enforcement. You'll get practical ideas, systems, and processes you and your condo or HOA board can begin to take advantage of the minute the webinar ends. . . . keep reading
HOA Developer: My Free Speech Rights Trump Your Construction Defect Lawsuit!
July 2014
A California court has held that HOA developers sued for breach of fiduciary duty, fraud, and negligence after the HOA's riding and hiking trails washed out can't use the state's anti-SLAPP laws--which protect expressions of free speech--as a defense to wipe out the claims. Here we explain the case and what other boards need to know about anti-SLAPP laws. . . . keep reading
HOA Board Member: Do You Have Any Individual Authority?
July 18, 2014
In this week's tip, we mull over a theoretical--yet very practical--debate in the community association industry. Here's the background. At a recent California community association forum, a friendly professional disagreement arose over a manager's contention that individual board members can't act on anything because individually they have no standing to act. He insists individual board members can act only when they comprise a board, which requires a quorum. A lawyer who represents associations and owners pushed back, arguing that's not reasonable. . . . keep reading
Individual HOA Board Members: Your Authority is Limited
July 2014
At a recent California community association forum, a friendly professional disagreement arose over a manager's contention that individual board members can't act on anything because individually they have no standing to act. He insists individual board members can act only when they comprise a board, which requires a quorum. A lawyer who represents associations and owners pushed back, arguing that's not reasonable. Here we explain the disagreement and weigh both sides. . . . keep reading
Do It for the Kids! How Your HOA Can Avoid Fair Housing Lawsuits
July 4, 2014
In this week's tip, we unpack the lessons of a settlement announced in May by the U.S. Department of Housing and Urban Development with a Denver-area apartment complex over its rules governing kids' behavior in the complex. The settlement requires the owners to, among other things, build a $10,000 playground. . . . keep reading
Does Your HOA Have a Kid-Related Rule Like This One? Rethink It.
July 2014
In May, the U.S. Department of Housing and Urban Development announced a settlement with a Denver-area apartment complex over its rules governing kids' behavior in the complex. The settlement requires the owners to, among other things, build a $10,000 playground. . . . keep reading
Who Fixes What in HOA Units After a Disaster?
June 2014
Sadly, your residents are bound to eventually face damage from natural disasters like earthquakes, tornadoes, and storms. The question is who pays for repairs to the interior of units? For example, if an earthquake creates cracks in owners' walls, is that considered the responsibility of those owners or the HOA? Here our experts lay out some answers. . . . keep reading
Colorado HOA Residents Have Beefs; You and Your HOA Board Should Listen Up
April 25, 2014
In this week's tip, we explain how complaints by Colorado lessons can be very instructive for your board to keep in mind. There are 8,857 HOAs in Colorado, which includes condos and co-ops, totaling 880,326 units, according to the 2013 Annual Report from the Colorado HOA Information and Resource Center, the Colorado state agency that serves as a resource for residents of community associations. In 2013, it received 1,248 complaints from 327 different complainants via mail, phone, email, its website and in person. . . . keep reading
What You Can Learn from Homeowner Complaints About HOAs in Colorado
April 2014
What You Can Learn from Homeowner Complaints About HOAs in Colorado Problematic communication between HOAs and homeowners was the most common type of complaint reported to the Colorado state agency that serves as a resource for residents of community associations, according to the 2013 Annual Report from the Colorado HOA Information and Resource Center. Many homeowners said they weren't being kept informed about their HOA, and their complaints included not receiving notices of HOA board meetings. . . . keep reading
What's a Majority for HOA Voting Purposes?
April 2014
An HOAleader.com reader writes, "Our articles say: These articles may be amended by owners representing at least 75 percent of the total votes held by the members. We have 134 total votes. We understand this to mean we need 100 votes cast and that a majority of the votes cast determines the outcome of the ballot for or against the amendments. Is this correct? We have consulted two HOA attorneys, and each one answered the question, then came back a day or so later and changed the answer doing a 180 flip. We're extremely confused now. We just wanted them to give us a straight yes or no. The majority of the 75% or not." . . . keep reading
The Twists and Turns of Calculating HOA Fines
April 2014
An HOAleader.com reader asks, "My HOA governing documents state the amount of any fine shall be determined by the board, and shall not exceed one month of the annual assessment for the first offense; in my case, this is $115. So is it legal for my HOA, relying on the Florida Statutes FS 720.305(2), to charge me with $1,000 for a first non-monetary violation?" . . . keep reading
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· Solar Panels for HOA Common Area - Examples?
· Keeping Records By Management Companies
· Binding of Votes on Motions at Annual Meetings
· Tax Basis of Units in Coops and Condos
· None Payment of Monthly Assessments by Unit Owners
· Tax Sale of a Condo Unit
· Communicating With The Board
· DISABLED PURCHASE SCAM
· Vacant Lot Build Out
· Voting
· Filling vacancy after president resigned
· Can the HOA Board Sue their Management Company?
· Use of association funds for social events
· condo owner mowing and landscape
· Non Compliance of the CC&R's
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