HOAleader.com - Tip of the Week - January 16, 2026
Published: Fri, 01/16/26
Updated: Sun, 01/18/26
=================================================================
HOAleader.com - Tip of the Week - January 16, 2026
=================================================================
In this week's tip, we help out an HOAleader.com reader who's a little befuddled by words that actually came out of the mouth of their master association's president.
Our reader explains: “Our community has a unique situation. We have three separate associations under one master association. Each separate association has their own CC&R and bylaws. We call them phases. Each shares in the costs for the landscaping, clubhouse, and pool, among other things.
Within the last years, the phases had the roofs and siding redone on their units. The property manager worked with the contractor on the project. When it was pointed out that the downspouts weren't being properly placed, the manager wouldn't work with the community and the contractor to have them put back in the same place they were taken from. This has since caused drainage issues and foundation issues that need to be addressed.
The current president is stating that each phase is responsible for getting the water that's coming off the roofs and damaging the foundations taken care of, that the master has no responsibility. The president of the master board has stated: ‘The phases are responsible for their own foundations and getting the water off their buildings and then move it away (as much as 30 feet away) so as to not cause damage to the foundations. The master is responsible for that water once they get it away from the building itself, as well as any water that falls to the ground from the sky. Again, water that falls on the buildings (roofs) is the responsibility of that phase (buildings).'
How can water that falls from the sky be identified from the water that falls on the roofs? I'm not sure how this makes sense. How should this issue be handled? Those of us on other phases are at a loss of how to address this issue. Meanwhile foundations are failing all over the community, and it's only getting worse.”
Our experts simply dismissed the president's effort to divvy up water based on whether it hits a building before getting to the ground or comes straight down from the sky.
“Nobody should be talking about water that falls from the sky or from the buildings,” says Phaedra J. Howard, CCAL, department chair for community association law at Hellmuth & Johnson PLLC in Edina, Minn. “That's ridiculous.”
Lisa Magill, CCAL, of counsel based in Pompano Beach, Fla., Kaye, Bender & Rembaum, who represents about 80 condos and HOAs throughout Florida, simply doesn't understand the point the president is attempting to make. “I can't explain what the president is saying,” she says. “I don't understand what they're saying.”
Ditto for Jasmine F. Hale, CCAL, a principal at Berding & Weil based in Walnut Creek, Calif., who advises condos and HOAs throughout California. “I didn't really understand those comments,” she explains. “I think the issue is more commonsensical,” she says. “I'd encourage them to seek legal counsel to analyze what their responsibilities are to make sure they're accurately understanding them.”
Here's the bigger issue. The division of duties among masters and subs is entirely up to what your state law and documents say. And our experts say these people should fix, then fight, if necessary. Find out what that means in our new article: https://www.hoaleader.com/members/5237.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
How to Read Your Association's Financial Reports (and Fulfill Your Fiduciary Duty)
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Wednesday, January 21, 2026
2:00-3:00 p.m. Eastern
Learn more or register now: https://www.hoaleader.com/products/how-to-read-your-association-financial-reports-a.cfm
Members save $30!
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Feds Issue Changes on Emotional Support Animals That, So Far, Haven’t Changed Much
In this week’s tip, we unpack what the Trump administration’s Notice of Withdrawal of Guidance with regard to emotional support animals means for how your condo or HOA should respond when owners seek an accommodation...
Click here to read the full article:
https://www.hoaleader.com/members/Feds-Issues-Changes-on-Emotional-Support-Animals-That-So-Far-Havent-Changed-Much.cfm
=================================================================
Trump Administration Action Changes Little on Condo/HOA Emotional Support Animals
The Trump administration’s Notice of Withdrawal of Guidance with regard to emotional support animals has been little reported—perhaps because it doesn’t change much in the world of condo and HOA responses to requests to approve a resident’s emotional support animal. Here’s what you need to know...
Click here to read the full article:
https://www.hoaleader.com/members/Trump-Administration-Action-Changes-Little-on-Condo-HOA-Emotional-Support-Animals.cfm
=================================================================
Reader Throws Shade At HOA Manager’s Call for Owners to Send In Proxies
In this week’s tip, we help out an HOAleader.com reader who’s troubled by their manager’s action of collecting proxies and how those proxy votes might be cast. Our reader asks: “We’re a Minnesota HOA in our third year. Our board elections are next week, and I’m running for an open seat. Our property management company has sent two emails to homeowners ‘strongly encouraging’ homeowners to send their proxies to the property manager to ensure a quorum. Of the 67 homes, last year 45 were represented at the annual meeting, so a 10 percent quorum of 67 isn’t much of a concern this year...
Click here to read the full article:
https://www.hoaleader.com/members/Reader-Throws-Shade-At-HOA-Managers-Call-for-Owners-Send-In-Proxies.cfm
=================================================================
HOAleader.com Reader Raises Red Flags Over HOA Manager’s Gathering of Proxies
An HOAleader.com reader asks: “We’re a Minnesota HOA in our third year. Our board elections are next week, and I’m running for an open seat. Our property management company has sent two emails to homeowners ‘strongly encouraging’ homeowners to send their proxies to the property manager to ensure a quorum. Of the 67 homes, last year 45 were represented at the annual meeting, so a 10 percent quorum of 67 isn’t much of a concern this year...
Click here to read the full article:
https://www.hoaleader.com/members/HOAleader-Reader-Raises-Red-Flags-Over-HOA-Managers-Gathering-Proxies.cfm
=================================================================
What to Know to Get the Best Condo/HOA Insurance Coverage You Can Afford Today
In this week’s tip, we help out an HOAleader.com reader, who emailed and asked for tips on evaluating insurance offerings. This is exactly what we do!
Click here to read the full article:
https://www.hoaleader.com/members/What-Know-Get-Best-Condo-HOA-Insurance-Coverage-You-Can-Afford-Today.cfm
=================================================================
SPECIAL REPORT DOWNLOAD
HOA Leadership Roles and Duties: A Guide to the Positions of President, Vice President, Secretary, Treasurer, and Board Member in Condo and Homeowners Associations
In this newly updated and expanded special report, we provide you with insight that will guide your board and officers in their day-to-day roles. We explain each officer's duties and responsibilities, discuss where officers sometimes get confused about their roles, and provide guidance on how officers and directors can make sure they're fulfilling their duties while not stepping on others' toes. We also explain the sometimes-confusing role of the condo/HOA lawyer.
Members can download the report here:
https://www.hoaleader.com/public/375.cfm
Not a member yet? Start your free trial membership and download your copy today:
http://www.hoaleader.com/details.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week here:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2026, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com
Plain-English Media, 909 Marina Village Parkway #183, Alameda, CA 94501, USA
To unsubscribe or change subscriber options, visit:
https://www.aweber.com/z/r/?ThisIsATestEmail