HOAleader.com - Tip of the Week - February 23, 2018
Published: Fri, 02/23/18
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Whoops! Did You Forget to Ask Your HOA or Condo's Owners for Permission?
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Is your board humming along, making decisions and moving on?
In this week's tip, we answer a reader's question from the HOAleader.com Discussion Forum about whether a board can do that without informing owners of the major decisions it's making.
In a nutshell, this reader's PUD has more than 100 ponds and an unspecified number of fountains. The board has just informed the reader that it won't replace any fountains in the future except a few.
That raises several questions: When can condos and HOAs move forward with only board approval? And when do our experts see boards move on issues that actually require owners to vote?
The answer to our reader's question and the broader issue of what boards need owners' approval to do is very document dependent.
"This question is probably so fact specific as to what the governing documents say," reports Joe Wloszek, an associate at Cummings, McClorey, Davis & Acho in Livonia, Mich., which represents more than 100 community associations; he also lived in a condo for seven years and has now lived in an HOA for two years.
"What do your governing documents say regarding maintenance responsibility for amenities?" he asks. "I've seen documents that give boards discretion on whether to maintain all the amenities or to rely on the business judgment rule when it comes to removing them. On a pond issue, I've seen language—drafted by a developer—be very loosey goosey on the responsibility for maintenance for the ponds.
"In that case, as soon as the developer turned over control, the board wanted to amend the documents to include specific language that the association is responsible for maintaining the ponds," recalls Wloszek. "The board was hearing from people who didn't live near the ponds that they didn't want to pay for the ponds' upkeep. The board wanted it clear the ponds were an association responsibility."
In addition to document-specific language, this issue turns on state law.
Read how different states handle the question, in addition to how you can fix your problem if you've exceeded your authority as a board, in our new article:
https://www.hoaleader.com/members/3682.cfm
Best regards,
Matt Humphrey
President
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BRAND-NEW Special Report Download!
Pets at Condos and HOAs:
Best Practices for the Challenges that Come with Residents' Animals
You may recall a fact often cited by many HOA insiders: The biggest challenges boards face are "the 3 Ps," which stand for Parking, Pets, and People. In this brand-new, exclusive report from HOAleader.com, our editorial team and our legal and management experts nationwide have come together to provide information on best practices for handling the difficult issues you face with residents' animals in your community.
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Not a member yet? Start your trial membership and download your copy now:
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Recent articles posted at HOAleader.com:
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When You Need Your HOA or Condo Owners' Approval to Act
An HOAleader.com reader asks: We moved into a large PUD with more than 100 ponds. We purchased our home because of the amenities and the ambience of the fountains within this community. The fountain's light in the pond next to my home burnt out, and I called, and they replaced it.
Click here to read full article:
https://www.hoaleader.com/members/When-You-Need-Your-HOA-or-Condo-Owners-Approval-Act.cfm
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What's My Line? The Roles, Duties, and Responsibilities of HOA or Condo Board Members
Did you miss yesterday's webinar? You missed a great presentation on the roles and duties of HOA and condo boards. Get access to view the recording on demand. (Remember, if you have a group membership your entire group can view the recording.)
We regularly hear from association members who want more detail about their responsibilities--or who want an easy way to educate their newly elected fellow board members about what, exactly, board members do. They ask: What's the president supposed to do? How about the vice president, secretary, and treasurer? They also ask much more detailed questions on how their board can and should operate, like: "What's apparent authority?" "Who can act alone and when?" "Who chooses the officers?" "When am I personally liable for my actions as a board member?" And more. Watch this in-depth webinar today. It's led by two community association experts: A lawyer with nearly two decades of hands-on experience in advising associations, along with an industry-leading association manager who can speak to what he sees when it comes to on-the-ground roles of board members.
Click here to read full article:
https://www.hoaleader.com/products/roles-hoa-condo-board-members-b.cfm
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Pay Your HOA Assessments Early and Save! (Or Not)
All kinds of businesses offer their customers discounts. Why not your nonprofit community association? In this week's tip, we answer an HOAleader.com reader's question, which is essentially: For 45 years, we've been offering our members a 5 percent discount for paying their total annual dues in full in January. Now a lawyer is calling foul. Are we doing something wrong?
Click here to read full article:
https://www.hoaleader.com/public/Pay-Your-HOA-Assessments-Early-Save-Or-Not.cfm
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Why You Shouldn't Offer Discounts on Condo or HOA Assessment Payments
An HOAleader.com reader asks, "Our 79-member HOA has been in existence since 1972. We have always offered a 5 percent discount for pre-paying the entire annual dues if paid before March 1 of each year. Approximately 46 percent of members take advantage of the offer and pre-pay the entire year upfront, rather than monthly.
Click here to read full article:
https://www.hoaleader.com/members/Why-You-Shouldnt-Offer-Discounts-on-Condo-or-HOA-Assessment-Payments.cfm
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How You May be Pushing Away Your HOA's Volunteers
An important part of successful management of your condo or HOA is encouraging and thanking volunteers for their work, but also politely offering feedback if their work isn't what you need.
Click here to read full article:
https://www.hoaleader.com/members/How-You-May-be-Pushing-Away-Your-HOAs-Volunteers.cfm
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