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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Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
HOAleader.com 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 December 11 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
How to Handle Owners' Requests for Agenda Items
October 2014
What do you do when owners ask you to place items on your meeting agenda? You should have a formal process so owners feel, and are, heard. Here are tips for evaluating and responding to owners' requests to include items on a meeting agenda. . . . keep reading
"Do Your Chores or Pay Up!" Can You Say This to Owners in Your HOA?
October 10, 2014
In this week's tip, we discuss a question that an HOAleader.com member posted on our discussion forum on an issue that's all too common, especially at small, self-managed HOAs: When we "assign" work to owners, if they don't do it, can we charge them to have it done? . . . keep reading
When HOA Owners Don't Do "Assigned" Work
October 2014
An HOAleader.com reader writes, "We have an eight-owner unit, and the landscape maintenance is volunteer; however half of the owners do all of the work, and the others do absolutely zero work. My question is this: Can the board assess owners for their equal portion of what the maintenance would cost?" . . . keep reading
HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association
On-Demand Webinar
HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association Watch this in-depth on-demand webinar 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
California HOA Bill Tackles Challenge Common in Many States
September 26, 2014
In this week's tip, we discuss a bill pending before the California legislature governing who's responsible to repair and replace exclusive-use common elements. We also explain why the issue is important not just in California but in states throughout the country. . . . keep reading
California Bill Would Clarify Who Pays for Upkeep of an HOA's Limited Common Elements
September 2014
Pending before the California legislature is AB 968, a bill supporters say would clarify ambiguous governing documents when it comes to who's responsible for the repair and replacement of exclusive-use common areas. Here we explain the bill and discuss how common this problem is in California and other states. . . . keep reading
Amateur Radio Towers and Antennas: The Next HOA Battleground?
September 2014
A bill has been introduced in the U.S. House of Representatives that would allow homeowners to place amateur radio towers and antennas on their home regardless of their association's architectural review provisions. Here's what you need to know. . . . keep reading
Get Cooking: Is Your HOA Kitchen a Gold Mine or a Land Mine?
September 2014
An HOAleader.com reader writes, "The HOA I am doing some research for in Florida has a pretty extensive kitchen that's used entirely by the membership and for the membership. I was interested in any feedback that discussion group members could provide me on any HOA's that have the same arrangement… Also, whether or not your HOA has a kitchen for the members and by the members, without any professional and paid help, what advice can you give us regarding the following: Your thoughts on providing food services to the public; thoughts on steps that should be taken to provide food services to the public; any experience you may have on the potential revenue benefits of expanding the kitchen (I'm really speaking of lunch or dinner services) to the public. Do you feel that some professional help would be necessary if services were expanding to invite the public?" . . . 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
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
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