HOAleader.com - Tip of the Week - September 29, 2017
Published: Fri, 09/29/17
=================================================================
7 Ways Your HOA’s Governing Documents May Get You in Trouble
=================================================================
In this week’s tip, we provide information that’ll help you determine if your governing documents aren’t good enough for today’s complicated HOA world.
One of HOAleader.com’s experts, Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations, says bad legal documents can cost you money and grief.
His industry colleague, Barbara Holland, CPM, regional manager for FirstService Residential in Las Vegas, couldn’t agree more. “I see this all the time,” she laments. “Often it’s because the documents are older ones.”
But that’s not always the case.
Here are just two provisions in governing documents that cause the most problems, along with suggestions to help you fix those problem areas in your own documents.
1. Seriously obsolete terms.
“Those are huge,” contends Melissa Garcia, a partner at Hindman Sanchez, a law firm in Arvada, Colo., with about 1,600 association clients. “I often see provisions about the developer’s rights and obligations, and that doesn’t matter anymore because the community has been around for 20 years.
“I also still see old language--I see ‘telegram’ and ‘telegraph’ when reviewing some governing documents,” she adds.
2. Conflicting provisions.
If your bylaws don’t track your articles of incorporation, or there are other conflicts among the combination of individual documents that make up your governing documents, you’re in for some trouble. “I see a lot of inconsistencies between the various governing documents,” says Garcia. “One will say one thing, and another will address the same topic but differently, and that’s an issue.”
Read all 7 Provisions That May Mean Your HOA’s Governing Documents Are Sub-Par in our new article: https://www.hoaleader.com/members/3611.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event:
How to Protect Yourself and HOA from the Neighborhood Sociopath
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, October 19, 2017
2:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/hoa-neighborhood-sociopath-a.cfm
Members save $30!
=================================================================
Special Report Download:
HOA Checklists: Your Road Map for an Entire Year of Homeowner Association Operations
This report is intended to be your road map for an entire year of operations that you begin using today and turn to for years to come. It provides you with checklists compiled by our editorial team with substantial input from experts on HOA operations and management from across the country to ensure you're steering your association in the right direction and not letting crucial issues slip through the cracks.
Members can download your copy here:
https://www.hoaleader.com/public/Checklist-Special-Report.cfm
Not a member yet? Sign up for a free 7-day trial and then download your copy today:
https://www.hoaleader.com/details.cfm
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
7 Provisions That May Mean Your HOA's Governing Documents Are Sub-Par
One of HOAleader.com's experts, Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations, says bad legal documents can cost you money and grief.
Click here to read full article:
https://www.hoaleader.com/members/7-Provisions-That-May-Mean-Your-HOAs-Governing-Documents-Are-SubPar.cfm
=================================================================
Fireplaces Must Go! (So Say Some HOAs)
Apparently, some condos and attached HOAs, like townhomes, are requiring that owners convert wood-burning fireplaces into gas fireplaces for safety reasons. It's an idea some municipalities have considered, too.
Click here to read full article:
https://www.hoaleader.com/members/Fireplaces-Must-Go-So-Say-Some-HOAs.cfm
=================================================================
Creative Writing and Your HOA Minutes
An HOAleader.com reader writes, "Please advise how to put an end to 'creative' writing of meeting minutes about items that weren't said nor discussed in the meeting by the long-time director of 15-plus years while rest of board approves them. Homeowners don't see minutes until they've been approved by the board and are published to the website. Also, can a director make a motion or second a motion to approve the minutes of a meeting he didn't attend?"
Click here to read full article:
https://www.hoaleader.com/members/Creative-Writing-Your-HOA-Minutes.cfm
=================================================================
California Case Highlights the Risk of HOA Board Members Going Rogue
What if you can't get your fellow homeowners association board members to act when you think their action is necessary, even critical? Can you just go it alone and later claim you were acting in good faith, so you're not liable for any decisions that went awry?
Click here to read full article:
https://www.hoaleader.com/members/California-Case-Highlights-Risk-HOA-Board-Members-Going-Rogue.cfm
=================================================================
What's an HOA Treasurer to Do (We're Serious: What's the Job Description)?
An HOAleader.com reader writes to ask for a high-level description of the treasurer's role in operating the processes that provide the data necessary to prepare financial statements and a more complete description of the other board members' responsibility to understand enough about financial statements so that they can make informed decisions about financial matters.
Click here to read full article:
https://www.hoaleader.com/members/Whats-HOA-Treasurer-Do-Were-Serious-Whats-Job-Description.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
http://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2017, Plain-English Media, LLC
(866) 641-4548
http://www.hoaleader.com