What Makes for a Good Set of Meeting Minutes? – Article by Robert M. DeNichilo
Of all the various issues boards deal with, one of the issues that comes up time and again are meeting minutes. What are they? What should be in them? Incorrectly kept minutes can get a board in trouble. They can invalidate proper board actions, lead to claims for defamation or support claims for breach of … Continue reading
LIFETIME TILE ROOFS, FACT OR FICTION? – Article by Carl A. Brown, RCI, RRO
The world of roofing is very competitive, causing product manufacturers to seek ways to separate themselves by offering more and more. The latest marketing trend is to advertise “lifetime” tile roofs. These “tile” roof products can be made of a variety of materials including concrete, clay and even steel. They are sold in a variety … Continue reading
BIKES ON BALCONY – IS IT A RIGHT? – Article by Beth A Grimm, P.L.C
Owners in a condo association commonly bristle at one rule or another; however, collectively, enforcement of reasonable rules is generally a good thing. Here are some comments and questions from a reader: “I’m wondering if there is any legal precedent allowing me to store my bike on my 3rd floor balcony. My HOA has so much … Continue reading
Can a Board Use “Self Help” to Enforce the Covenants? – Article by By Curtis G. Kimble.
How to obtain compliance when enforcing a violation of the governing documents can be one of the most vexing problems in a homeowners association. One of the chief functions of a homeowners association is enforcement of the covenants and rules governing the community. Even though the individual property owners ordinarily have the power to … Continue reading
Why We STILL Need to Recycle Fluorescent Lamps – Article by Dionne Petitpas
So why do I need to recycle my lamps? Do we really have to? Is there an easy way to do it? These are questions many Board members and HOAs ask when thinking about fluorescent lamp recycling, and it’s understandable. A tough economy is forcing many of us to trim budgets, raising the question of … Continue reading
May a Disabled Person Bring a “Service? Pet” Into the Clubhouse? – Article by Beth Grimm
The questions for boards and owners about access to all places in the development with service dogs is almost always a sticky one. If I were asked – do we have to allow (from the board) or may I have permission (from an owner) to take my guide dog (for blind person) anywhere in the development? … Continue reading
Confidentiality Agreements; Are They Enforceable? – Article by David C. Swedelson
We are often asked to include confidentiality clauses in settlement agreements with owners, as the board often wants to avoid other owners hearing that the association settled. The concern is that these other owners will think it is OK to violate the CC&Rs or Rules, as they will ask for the same “sweetheart” deal. We … Continue reading
What is a Capital Improvement? – Article by Robert M. DeNichilo
Many HOAs have language in their governing documents that act as a spending cap on capital improvement projects without member approval (often at 5% of the annual budget). However, the term “capital improvement” is often not defined. This often leads to confusion as to whether an expense requires member approval. “Capital improvement” is an accounting … Continue reading
CLAC CORNER September 8, 2011 END of SESSION UPDATE – Update by Skip Daum CAI-CLAC Legislative Advocate
The first half of the biennial legislative session will have ended before you read this. Nevertheless, there are a few important bills for you to be aware of and plan to implement. Perhaps most important are two bills that directly effect HOA operations. The first is Senate Bill 563 (by Mark DeSaulnier, Chairman of the … Continue reading