Strategies for Condo Enforcement – Article by Ryan Treleavan
Under the Condominium Act, 1998 the Board of Directors has a statutory obligation to enforce the terms of its Declaration, By-laws and Rules. Inevitably, every Condominium Corporation will face instances of non-compliance with a wide range of obligations. Compliance can be achieved through a number of different routes, and the appropriate strategy is highly fact … Continue reading
Delegating Fines – Article by Adrian J. Adams of Adams Kessler PLC
QUESTION: At a recent board meeting, a director questioned the authority of the architectural committee to send out violation notices. He felt it was reserved exclusively to the board. Others argued that the board had given the committee that authority and owners could always appeal their fines to the board. Which is it? ANSWER: Door … Continue reading
AMENDING GOVERNING DOCUMENTS – IT DOESN’T HAVE TO BE PAINFUL!! – Article by Beth Grimm
Were your governing documents drafted before 1995? Is the Developer out of the project? Do your documents seem to relate to some other association? Are some of the provisions absurd, obsolete or unenforceable? Are your CC&Rs impossible to understand? To interpret? Are you baffled by your Bylaws? Are there conflicting provisions in your documents? Discriminatory … Continue reading
Can a HOA Garnish Your Bank Account? – Article by Michael Wolfe
Home owner’s associations, also known as HOAs, are organizations in which members — usually residents within a planned community — agree to a set of rules designed to uphold aesthetic and, in some cases, behavioral standards, within a particular community. When a person moves into a community, he may be required to sign an agreement … Continue reading
Have a “Q”? Because we have your “A” – An amazing complied list of HOA Q & A – Article by hoaqanda.com
JUSTIFIED EXPENDITURES Q. Can the board of directors of our association spend association funds on what amounts to a political issue? The board wants to spend funds to stop a nearby development, based on the belief that it will harm the value of homes in our community. A. Absent a prohibition in the … Continue reading
Can HOA or Condo Boards or Managers Count Ballots? – Article by Beth Grimm, P.L.C.
“Is there any legal requirements that HOA elections be handled by someone other than the Management Company and Board of Director?” There is a law on elections in California and it is very comprehensive (long, complicated and in ways difficult to interpret). But what it says on the subject of who can act as an … Continue reading
Delinquent Assessment Collections by Homeowner Association Boards: Why Small Claims Court May Offer a Most Efficient Means to Collect – Article by R. Bruce Crowe, Esq.
It is likely not news to most homeowner association boards of directors that the economic downturn over the past couple of years has resulted in a substantial increase in the number of delinquent assessment payments made by individual members of many associations. The necessity for the boards to collect assessments is mandated because the … Continue reading
The Controlling Director – Article by Neighborhood Link
How many of us have experienced the board member who wants to control all aspects of his or her community association’s operation from finances to personnel to housekeeping? This controlling person just doesn’t want to accept that there is a division of responsibility in the operation of an association. How do you handle such … Continue reading
Kids’ Lemonade Stand Curtailed by HOA – Article by FastTracks: A News Bulletin for CAI Members
News: Kids’ Lemonade Stand Curtailed by HOA Talk about some sourpusses: A North Palms Beach, Fla., homeowners association has put the kibosh on a lemonade stand run by neighborhood kids. According to West Palms Beach’s WPTV Channel 5, the young entrepreneurs, between the ages 5 and 10, and their parents received a letter from the … Continue reading
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