Be Careful What You Write Down

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…

HOA Lawsuits & Legal Discovery – Part Two

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…

HOA Lawsuits & Legal Discovery – Part One

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…

The ABCs of HOA Board Resolutions (Part Two)

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…

The ABCs of HOA Board Resolutions (Part One)

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…