HOA Management Blog

The board meeting minutes are a written record of the board meeting of the homeowner association board of directors. Meeting minutes are essentially the formal summary of what transpired during a board of directors meeting. Meeting minutes are typically recorded and maintained by the board secretary. The board secretary is the designated custodian of the...

Overview Fortunately, the vast majority of HOA legal matters do not result in full-blown litigation. There is a great deal of truth to the adage: the only person who wins a lawsuit is the lawyer. Because of covenant enforcement issues and collection issues, legal proceedings are a way of life with homeowner associations. With all...

Issues can sometimes arise when homeowner association boards of directors implement resolutions, procedures, and rules and regulations that are in addition to what is mandated by their declaration of covenants, bylaws, or articles of incorporation. These implementations, or subsidiary documents, can also be in addition to established state statutes. These subsidiary documents typically originate due...

Continued from Part One Request for admissions Or a request to admit, are written statements sent from one litigating party to another litigating party to seek either an admission or denial on a specific claim of the lawsuit. A request for admissions, while similar to interrogatories, is different in purpose. This difference is that each...

Most homeowner associations (HOAs) seldom become involved in litigation other than collection-related litigation involving delinquent members. However, it is beneficial for the board of directors to have an understanding of certain aspects of this legal process. The discovery phase or simply discovery is one major aspect of civil litigation. Discovery can be one of the...

Minutes must be taken in executive session if actions are taken. It is preferable for the board secretary to keep a completely different set of minutes for the executive session. Executive session minutes should be approved in the executive session of the next board of directors meeting. If one set of meeting minutes are compiled...

A common misconception with a few homeowner association (HOA) members is that there is something improper or something is being done improperly when the board of directors enters into executive session. A common question is why would anything have to be secret and kept from the homeowners? This misconception is not just held by some...

There are typically four categories of resolutions for a homeowner association (HOA): Policy: Policy resolutions address member’s rights and duties. For example, rules for the use of common areas and amenities. Architectural guidelines and enforcement procedures would be another example. However, issues such as these in the majority of cases are best addressed with amendments...

A resolution is simply a written motion, many times a very detailed motion. Resolutions are used by legislative bodies, nonprofit corporations, and large and small for-profit corporations. The terms corporate resolution and board resolution are synonymous. In some cases, and areas, the term “resolve” is used instead of, or in addition to, “resolution.” For-profit corporation's...

One of the challenges of serving on an HOA board of directors is dealing with issues and possibly not having a great deal of experience with the issue. Certain maintenance issues can arise that sometimes are beyond the experience level of a board member. However, a good basic understanding of a dwelling's major systems can...

Sill Plate & Bank Joist A termite infestation and the related damage caused is a persistent problem for HOAs. Termite damage can occur from the bottom of a structure to the attic. Any part of a structure that is composed of untreated wood is susceptible to termite infestation. A common location, and an expensive area to...

One aspect of serving on any HOA board of directors is the HOA board member's prior scope of knowledge regarding issues that commonly arise while serving. Many times a new board member could be an expert in a particular specialty that is of huge benefit to their service on the board. A good example of...

The ideal time to locate the emergency water shutoff is not during an actual emergency.  Unfortunately, until they must, most people never think about locating the emergency water shutoff.  Quickly finding the shutoff in a home, especially in a multifamily homeowner association (HOA), can be the difference between hundreds of dollars or thousands of dollars...

This article is presented in six parts: Part One – Covenant Violations Part Two – “I want to opt out of the HOA” Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – “Nothing like that would happen in our...

This article is presented in six parts: Part One – Covenant Violations Part Two – “I want to opt out of the HOA” Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – “Nothing like that would happen in our...

This article is presented in six parts: Part One – Covenant Violations Part Two – “I want to opt out of the HOA” Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – “Nothing like that would happen in our...

This article is presented in six parts: Part One – Covenant Violations Part Two – "I want to opt out of the HOA" Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – "Nothing like that would happen in our...

This article is presented in six parts: Part One – Covenant Violations Part Two – "I want to opt out of the HOA" Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – "Nothing like that would happen in our...

This article is presented in six parts: Part One – Covenant Violations Part Two – "I want to opt out of the HOA" Part Three – How are violations determined? Part Four – How are managers trained to find violations? Part Five – Hearing Letters Part Six – "Nothing like that would happen in our...

These voting rights sections in CC&Rs will also typically address when these voting rights expire.  And define exactly who has these voting rights.  The example of a voting rights section below is from a single-family HOA in North Carolina.  This language will vary from state to state and HOA to HOA.   "ARTICLE ELEVEN: MEMBERSHIP...