HOAleader.com - Tip of the Week - June 8, 2018
Published: Fri, 06/08/18
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Another Condo/HOA Legal Trend to Watch: Dispute Resolution Requirements
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More and more HOAs and condos are now required to create formal dispute resolution policies and procedures.
In this week's tip, we get you up to speed on this new trend.
According to the Associa® publication HOAleader.com first reported on last month, "Future Focused: Your Definitive Guide to the Ideas, Tools, Trends and Big Changes Driving Community Associations in 2018," a trend affecting community associations is that of legislators regulating the process for owner disputes.
In fact, Illinois joined that bandwagon in 2016, requiring associations to have a complaint policy and form. That year, the state passed the Condominium and Common Interest Community Ombudsperson Act, which requires associations to have a complaint policy and dispute resolution form; the law took effect in 2017.
The law specifically requires associations to adopt a written policy for resolving owners' complaints and to make that policy available to all owners upon their request. The policy must include:
1. A sample complaint form
2. A description of the process for complaints to be delivered to the association.
3. The association's timeline for handling complaints and a description of how it makes decisions regarding them.
4. A requirement that final decisions on owners' complaints be made in writing, marked final, and issued within a reasonable time after the complaint is received.
The law also created a new department called the office of the condominium and common interest community ombudsperson. The ombudsperson is required to offer training, educational materials, and courses to unit owners, associations, and boards on association operation and management and the state laws governing them.
Sound burdensome? The law exempts associations with 10 or fewer units or those whose annual budget is $100,000 or less. However, associations, by an affirmative act of a majority of their board or members, can choose to be covered by the law.
Other states have similar requirements (though not all). Read all about them in our new article: https://www.hoaleader.com/members/3732.cfm
Best regards,
Matt Humphrey
President
P.S. You can download the Associa report here (it's free): http://forms.hoaleader.com/future-focused
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Thursday, June 21, 2018
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Recent articles posted at HOAleader.com:
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Community Association Insurance Made Easy -- and 10 Must-Have Endorsements to Save Money and Your Skin
Did you miss yesterday's webinar on HOA and condo insurance? If you did, you missed a great session. But it's not too late -- order the on-demand webinar now, and your entire board can watch the recorded webinar. Insurance is critical because a lack of coverage for an unexpected accident -- aren't they all unexpected? The good news is that community association insurance isn't as complicated as you may think. Watch this in-depth webinar, and we'll help you understand this critical tool for your condo or HOA.
Click here to read full article:
https://www.hoaleader.com/products/community-association-insurance-made-easy-b.cfm
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More States Require HOAs/Condos to Have Formal Dispute Resolution Policy
According to the Associa® publication HOAleader.com first reported on last month, "Future Focused: Your Definitive Guide to the Ideas, Tools, Trends and Big Changes Driving Community Associations in 2018," a trend affecting community associations is that of legislators regulating the process for owner disputes.
Click here to read full article:
https://www.hoaleader.com/members/More-States-Require-HOAsCondos-Have-Formal-Dispute-Resolution-Policy.cfm
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The Facts on What HOA/Condo Board Presidents Can and Can’t Do
Can your HOA or condo board president vote on routine issues at your association’s board meetings, or is the president allowed to vote only if there’s a tie?
Click here to read full article:
https://www.hoaleader.com/members/Facts-on-What-HOACondo-Board-Presidents-Can-Cant-Do.cfm
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Illinois and Chicago and Their Conflicting Laws on Condo Records Requests
Apparently, the city of Chicago wants its say on community association owners' records requests, and its say contradicts Illinois law. That's because Chicago recently passed an ordinance that allows condo associations to opt out of a state law governing that issue.
Click here to read full article:
https://www.hoaleader.com/members/Illinois-Chicago-Their-Conflicting-Laws-on-Condo-Records-Requests.cfm
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Is (Alleged) Theft of Association Services Grounds for HOA Board Member Removal?
An HOAleader.com reader asks: "I live in New York state. On our association's board, a current member hasn't disclosed his ownership of property. This land has (many times) been serviced by the association's vendor with no separate billing.
Click here to read full article:
https://www.hoaleader.com/members/Alleged-Theft-Association-Services-Grounds-for-HOA-Board-Member-Removal.cfm
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