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What's an HOA Board to Do When It's Been Getting It Wrong?
January 2012
Our experts say it's common for condo and homeowners association boards to misinterpret, fail to read, or to just plain ignore their governing documents. Here, HOA experts explain the errors they find boards making and how boards can correct the error of their ways. . . .
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How Intrusive Can You Be with HOA Owners?
November 2011
A HOAleader.com reader reports that his HOA is requiring that owners allow coolers to be searched for glass when they enter the pool because of the "no glass container" rule. He contends this is an invasion of his privacy. . . .
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What's "Encroachment" When it Comes to HOA Common Areas?
October 2011
A HOAleader.com reader reports that another board member has planted a garden that encroaches 15 feet into the association's common areas. His governing documents state that the limited common area extends three feet around the perimeter of each home, and home owners are allowed to plant within that area. It also says owners can plant in the common area at their own expense with permission. . . .
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Who's an HOA Renter? Discussion Forum Follow-Up
October 2011
An HOAleader.com reader asks: "We are trying to understand the possible classifications of residents in our Wisconsin condo community, specifically 'what qualifies as a renter?' I've heard there are owners and renters. Under what classification does a family member, living in a unit that is owned by another family member, fall? . . .
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How to Revise Your HOA's Rules
August 2011
So what do you and your homeowners association board of directors need to know about revising rules? When do you need to consult with owners, and when can you just go forward without notice? And even if your state law or governing documents don't require you to provide notice, do you need to consider the message you're sending when you revise rule after rule--some controversial--without a chance for owners to provide feedback? Here's a smart process for HOA rule revisions. . . .
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Is Your HOA Board Overregulating Rule Violations?
August 2011
Do your HOA's board members patrol the grounds with a cautcha-breakin'-the-rules mentality? Here, our experts explain whether boards can be too punctilious, irritating good neighbors and even pushing those owners away from volunteering and participating in HOA governance. We also offer tips on knowing when to mention violations and when to give owners time to correct the violations themselves. . . .
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FHA Approval Twists for HOAs: Discussion Forum Follow-Up
July 2011
A reader writes, "We have been notified that we must apply for FHA approval to provide reverse mortgages for our homeowners. We've had FHA approval since 1978. However, we must now begin the process all over. Our master deed contains a 'right of first refusal' covenant, which, according to our lender, FHA won't approve. Has anyone encountered this problem and, other than amending the master deed, come up with a solution?" . . .
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Can You Make Retroactive HOA Rule Changes? Discussion Forum Follow-Up
May 2011
A reader asks: "If a tenant is trying to sue the HOA for allowing families to violate the CCRs by installing wood floors, can the HOA simply 'retroactively' change the CCRs to accommodate the families with wood floors? Nineteen out of 20 units have violated the CCRs. What power does the HOA have to change the CCRs after the complaint/violation?" Here, we offer our reader some answers. . . .
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What's Your HOA's Right to Inspect a Unit for Violations?
April 2011
Do you suspect owners are violating your HOA's no-pet policy? Or your nonsmoking policy? Or your limit on how many people can live in a unit? What if you think a resident is a hoarder and his unit is a safety hazard? All those issues trigger your HOA's right--if such a thing exists--to inspect an owner's unit. Here, our experts weigh in on that touchy subject. . . .
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HOA Governing Documents Explained
March 2011
HOA gurus freely banter about the terms "CC&Rs," "bylaws," "rules and regs," and "governing documents." But what exactly are those documents, and which are the most and least powerful? In this article, we lay out what constitutes each governing document and sort out which ones have more authority than others. . . .
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Discussion Forum Follow-Up: When Are Board Actions Invalid?
July 2010
Frankly, your board is a mess. It doesn't have enough members to meet a quorum, and your members are demanding resignations and claiming your actions are invalid. You're in the board camp that knows something's wrong, but you can't convince the other members they've run afoul of your governing documents. . . .
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