The Americans with Disabilities Act and The Association

With an aging population and the recent Pool Accessibility Standards, it has become increasingly necessary for homeowner associations and condominium associations to be aware of the Americans with Disabilities Act’s (ADA) requirements with regard to how they affect their association.   While all Boards of Directors wish to meet the special needs of the association…

The HOA & the 1099 Contractor

Most homeowner associations utilize 1099 contractors instead of hiring full or part-time employees. The primary benefits are the flexibility and cost savings. A 1099 contractor is a legal and tax-related term used to refer to the type of worker who contracts his services out to an association or any other type of business. The “1099”…

Board Meetings & Proxies

Exercising proxies is not permitted in Board of Director meetings. Deliberative assemblies such as a Board meeting are not conducive to the use of a proxy; primarily because proxies are incompatible with the essential characteristics, discussion and debate of a deliberative assembly. [RONR (11th ed.), p. 414-15.]   WDPM

Reasonable Rules

Homeowner association boards of directors establish rules and regulations that the entire membership are asked to observe so that the association can maintain property values and the quality of life.   To determine reasonability some general guidelines: Ÿ Enforce rules uniformly, taking into account the consequences. Ÿ Developing rules for the sake of having rules…

Reserve Study

William Douglas Management has always recommended reserve studies to our clients as a long term financial planning for our clients. A reserve study is a process performed by engineering firms or companies that specifically perform reserve studies as their core business. A reserve study is a report that projects when numerous major components such as…

How Insurance Carriers Operate & Profit

Questions often arise from board members on how insurance companies operate as it relates to claims against the homeowner association’s insurance policy. Especially when large claims are paid out by insurance companies as compared to the relatively low premiums paid by the homeowners association. Considering the objective of an insurance company is to collect more…

Guests at the HOA Board Meeting

Some homeowner associations have open board meetings (open to the membership) and, in certain instances, the governing documents may mandate certain portions of a board meeting to be open. However, allowing non-board members to participate in board discussions is without exception improper.   Calling down members during a board meeting may seem to be rude…