HOAleader.com - Tip of the Week - November 12, 2021
Published: Fri, 11/12/21
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HOAleader.com - Tip of the Week - November 12, 2021
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If yours is one of the thousands of small condo or HOA communities across the country, you'll especially find value in this week's tip.
It comes in response to a question from an HOAleader reader who's new to the world of community associations and wants our help on a specific question. But we thought we'd broaden it and lend a stronger hand.
The reader's question is pretty straightforward: "Anyone got any tips for a small HOA president? Former president is making things a bit more difficult by being slow to respond to transition. Is it possible to change the registered agent without his consent?"
Nutshell answer: Our reader should stop banging their head against the wall trying to get the former president to cooperate and simply change the registered agent themselves.
Of course, check with your community association lawyer for the process in your state. But in California, it's simple. "I've helped associations do this, and it's really a matter of filling out some forms and filing them with the secretary of state," reports Andrea L. O'Toole, a community association lawyer for 16 years and the founding partner at O'Toole Rogers in Lafayette, Calif.
This president should also think about whom they're appointing as the association's registered agent. With the right appointment, you won't have to worry about a former board member's cooperation in the future.
"In my opinion, it should always should be the association's attorney," states Bill Worrall, director of FirstService Residential in Hollywood, Fla., which manages more than 2,000 condominium and homeowner associations totaling 350,000 residential units. "Time-sensitive and legal information goes to the lawyer," he says. "I don't want that information to go to someone who might be on vacation when it arrives or who doesn't update information as needed because that person didn't know better."
Want to run your petite condo or HOA better? Here's the first of five suggestions from our experts:
1. Don't rule out hiring a manager. "The very first thing I do when I meet with boards at smaller communities is to walk them through why they should hire a professional property manager," reports Peter H. Harrison, an attorney with Miller Harrison Law in Murray, Utah, who represents hundreds of community associations throughout the state. "In my opinion, self-management is a bad idea from a liability perspective and for the functionality of the association.
"Every year in Utah there are legislative changes, and it's really hard to stay abreast of those if you're self-managed," he explains. "Those changes can have big impacts on associations. For example, there's a specific HOA registry in the state, and if you're not current, your lien rights have no validity. If you're not up to date as to what's going on, it's easy to miss something like that. Legislative changes aren't necessarily that dramatic, but every single year, there are such changes.
And the cost of a manager is probably not what you think. Find out why—plus read four more great tips for better small-community management—in in our new article: https://www.hoaleader.com/members/4415.cfm
Best regards,
Matt Humphrey
President
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Special Report Download
The Duty of Condo/HOA Boards to Provide Safety and Security for Residents: How To Identify Your Role
What if there's a burglary within your community? What about a sexual assault? A murder? Those can be tragedies, but they also happen outside community associations, so does that mean you don't have to think twice about how crime might affect your community?
Actually, it's complicated. In this comprehensive report, we've sought the advice of legal and community management experts nationwide. The communities they advise have faced nonviolent and violent crime, and those communities have turned to those experts for guidance on this challenging issue.
Get your copy of this valuable resource today and ensure you're prepared:
https://www.hoaleader.com/public/safety-security-for-condo-hoa-residents-report.cfm
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Recent articles posted at HOAleader.com:
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What's New in Condo/HOA Lending
In the wake of the Champlain Towers collapse, there could be as many as hundreds of communities nationwide that have decided it's time to do structural work they've been delaying. Here, we interview an HOA-specializing lender to find out how HOA loans have changed over time and ask him, along with other experts, dos and don'ts for boards when you're considering a loan for HOA work.
Click here for more:
https://www.hoaleader.com/members/Whats-New-in-Condo-HOA-Lending.cfm
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California's New Condo Inspection Law: Early Lessons That Reach Beyond the State
An HOAleader.com reader tells us: "SB326 in California now requires all condominium units to have inspections with or by an architect or engineer every nine years. Decks, I believe above six feet in height and not over a raised portion of the building below..."
Click here for more:
https://www.hoaleader.com/members/Californias-New-Condo-Inspection-Law-Early-Lessons-That-Reach-Beyond-State.cfm
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Is This HOA Bylaw Request for Owners' Information Reasonable?
An HOAleader.com reader asks, "Our bylaws require that a co-owner fill out a sheet that lists the owner of the condo, who's living there, contact information, vehicle information, insurance information, and emergency contacts. The HOA was loosely run for a while, and these documents weren't always secured at time of purchase..."
Click here for more:
https://www.hoaleader.com/members/This-HOA-Bylaw-Request-for-Owners-Information-Reasonable.cfm
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Is it OK to Increase a Special Assessment to Fund Reserves (without Disclosing It)?
An HOAleader.com reader asks a question: Is it OK for a board to increase a special assessment amount to fund reserves (without fully disclosing the reserves part)? Here's exactly what our reader wants to know: "Last year the board stated that a $24,000 roofing assessment was needed to replace all of our roofs per unit. The board president stated if you can't afford to live here, you must move. The vote went out to membership, and the roofing assessment passed because of many lies the board president said..."
Click here for more:
https://www.hoaleader.com/members/it-OK-Increase-Special-Assessment-Fund-Reserves-without-Disclosing-It.cfm
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Can This HOA Board Declare This Issue Done and Stop Arguing?
An HOAleader.com reader asks: "I moved to a 14-unit HOA in November 2020 and was voted in as a board member in June 2021. Members met to approve continuation of paying two homeowners a total of $150 annually since their homes were covering the costs of water and electricity of common HOA swales and gate. One homeowner continues to fight this saying $150 annually is too much..."
Click here for more:
https://www.hoaleader.com/members/Can-This-HOA-Board-Declare-This-Issue-Done-Stop-Arguing.cfm
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