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	<title>Boards &amp; Associations &#8211; HOA ALLIANCE</title>
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	<title>Boards &amp; Associations &#8211; HOA ALLIANCE</title>
	<link>https://www.hoaalliance.org</link>
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	<item>
		<title>Opinion: HOAs Should Make Short-term Rental Decisions</title>
		<link>https://www.hoaalliance.org/opinion-hoas-should-make-short-term-rental-decisions/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Sat, 13 Nov 2021 01:49:52 +0000</pubDate>
				<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[Georgia HOA]]></category>
		<category><![CDATA[Trending Topics]]></category>
		<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[Short Term Rentals]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=29239</guid>

					<description><![CDATA[Of every 10 Cornelius properties, nine are in a neighborhood governed by a homeowners association (HOA). Front of mind right now are discussions heating up about whether—and how—short-term rentals should be allowed to operate within town limits. Why all the fuss? Two reasons. First, set to expire this year is a North Carolina law enacted seven years ago to let the town ban short-term rentals. Second is Mecklenburg County’s growing popularity with travelers. The Demand Is Apparent Cornelius neighborhoods, in particular, are popular with parents visiting children who attend Davidson College, out-of-town business professionals meeting with Ingersoll Rand and Lowe’s, newcomers “trying out” neighborhoods before they commit, families needing overflow bedrooms when relatives visit, and people fishing and boating on Lake Norman. To that list we eventually will be able to add theatre goers attending performances at the new Cain Center for the Arts. Over the years, I’ve talked with a number of short-term rental operators with properties in Cornelius neighborhoods. Most say they had checked their neighborhood rules before posting their ads on Airbnb. None of them imagined they could be breaking a town and state law. Benefits For years there was an active Airbnb rental across the street from where I live in a non-HOA neighborhood near the Lake Norman YMCA. If I happened to be nearby when a new set of renters pulled up, I’d take a moment to chat. Why this neighborhood, I always found myself asking, and why this rental house—described in guest reviews as “clean but outdated.” Their answers were always the same: “There’s a kitchen for cooking,” or “I like to travel with my dog,” or “it’s quieter and has more room than a hotel.” That neighbor made a good chunk of rental income, and because Airbnb asks visitors booking through their site to leave a review, he took extra care to maintain the yard, and to keep the house welcoming and in good repair. Then that Airbnb rental owner was warned that he was breaking Cornelius rules and might be fined if his rental didn’t stop doing business. He took a break from those short-term stays and instead leased the house to a few college students. The grass grew long, leaves and sticks piled up, and the quiet comings and goings of short-term visitors were replaced by occasional blasts of heavy rock music and cars parked on the lawn. Yes, There Were Problems To be sure, there certainly exist short-term rental horror stories of big parties growing uncontrollably wild, renters throwing beer cans and trash on neighbors’ lawns, and the Lake Norman party house that in 2014 spurred Cornelius officials to ask NC Sen. Jeff Tarte for state-level help with a law enacted for only the town. But those stories are the exceptions, and not the norm. In a discussion about short-term rentals last year, deputy town manager Wayne Herron told the town’s Land Development Code Advisory Board that in recent years no neighbors had called the police about short-term rentals causing problems. And the neighbors in some communities, he said, have even asked the town to let the short-term rentals continue because they’re so enjoyable to live next to. Tax Dollars Those short-term rental homes also bring tax dollars directly to the Cornelius coffers. In 2018, Cornelius’ portion of collected Airbnb rental taxes added up to about $82,000. And unlike sales taxes, occupancy tax revenue stays entirely at the local level. Getting back to the point of this piece, if decisions about short-term rentals are allowed to happen at the neighborhood level, property owners and the neighborhood boards they elected can decide what is — and isn’t — right for their community. Let HOAs Decide So, please, commissioners, push the handling of all rentals decisions onto the shoulders of the HOA boards already making other property-rights decisions, like what color I can paint my door, what I can plant, and how I must keep my trash cans stored. If Cornelius enacts a single town-wide law, not only will we lose thousands of dollars of easy revenue, the friendly travelers who want to experience the many sides of our wonderful community will find few places to stay. Written By Lore Postman Schneider Originally Published By Cornelius Today]]></description>
		
		
		
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		<title>When an HOA Fails to Follow Its Own Covenants and Procedures, Is Such a “Technicality” Actionable?</title>
		<link>https://www.hoaalliance.org/when-an-hoa-fails-to-follow-its-own-covenants-and-procedures-is-such-a-technicality-actionable/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Fri, 12 Nov 2021 00:46:43 +0000</pubDate>
				<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[US News]]></category>
		<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[Covenants Vs. Code Enforcement]]></category>
		<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=29194</guid>

					<description><![CDATA[Homeowners aggrieved by their homeowners associations (HOAs) often quickly notice when the Board of Directors of the HOA fails to follow its own rules, or otherwise conducts business in manner that appears inconsistent with the Board’s policies and procedures. These perceived inconsistencies, however, rarely provide truly fertile ground for mounting a legal challenge that will shape the Board’s future actions. Georgia law gives HOA Boards wide discretion in their decision-making processes, and many types of failures by the Board to follow its own procedures—even while resulting in serious hassles and headaches for individual homeowners—would be deemed by courts as de minimis violations, not rising to the level of a valid cause of action under Georgia law. So, are you ever on solid ground to sue your homeowners association for failing to follow its own rules? Yes, there are exceptions, of course. Two opinions from the Georgia Court of Appeals in 2013 shed some light on the kinds of failures by an HOA Board of Directors that create an opening for Georgia homeowners to challenge their Board’s decisions or provide a valid legal defense to an HOA lawsuit. Hall v. Town Creek Neighborhood Ass&#8217;n In Hall v. Town Creek Neighborhood Ass&#8217;n , 320 Ga. App. 897, 740 S.E.2d 816 (2013), the HOA filed suit against a homeowner to recover unpaid assessments. The homeowner defended on the grounds that the Board of the HOA lacked the authority to levy the assessments. The trial court agreed with the HOA and granted summary judgment to it. On appeal, the Court reversed. The Hall case is interesting because the general rule in Georgia is that there is no legal excuse for failure to pay HOA assessments. What was different about Hall was that the declaration of covenants gave the developer of the neighborhood the exclusive authority to appoint and remove directors and officers of the Board. Further, the covenants vested power only in the Board to levy assessments. The evidence showed that the developer never actually appointed a Board in this case at all; rather, the developer itself had levied the assessments. The Court of Appeals concluded that, in the absence of any Board, there was no authority to levy assessments. The developer, moreover, was not permitted to stand in the shoes of the Board as to assessment powers. The homeowner therefore did not owe the assessments. McGee v. Patterson In McGee v. Patterson , 323 Ga. App. 103, 746 S.E.2d 719 (2013), homeowners objected to the payment of an increased assessment levied by their HOA. The homeowners sued under various theories, and the trial court granted summary judgment to the HOA. On appeal, the homeowners argued, among other things, that the HOA was governed by a declaration covenants, but not by its purported bylaws, and that the association had failed to hold proper elections pursuant to the covenants. The Court of Appeals held that the evidence showed that the bylaws relied upon by the HOA were never actually adopted by the HOA. Without evidence in the record to affirmatively establish that the bylaws had been adopted, the Court of Appeals found an issue of fact for trial on that point, and reversed summary judgment. The reversal as to whether the bylaws were binding was important because the homeowners had also challenged the Board’s failure to hold required elections pursuant to the covenants, and further contended that a meeting at which an election was held and the assessment was raised had been improper. Pursuant to the bylaws, the HOA was a non-profit corporation under the Georgia Nonprofit Code. Pursuant to that code, the Board’s actions as to the election had been proper. Thus, the trial court had relied upon the bylaws to justify the Board’s failure with regard to certain elections. The Court of Appeals, however, undermined the trial court’s logic when it found that the bylaws were not binding. The Court held that “improper elections or the failure to hold elections can strip the acting board members of their authority to act,” and cited the Hall case, decided just four months earlier. What This Means for Georgia Homeowners Hall and McGee together show that the Georgia courts are not affirming unfettered discretion for the Boards of HOAs. In other words, certain “technicalities” will create problems for Boards’ enforcement powers. At a minimum, a Board must be properly established according to its own governing documents in order for it to enforce those documents. Additionally, a Board must take care properly to adopt all additional documents which it intends to be binding on homeowners. This includes bylaws as well as amendments to a declaration of covenants. The proper procedures may vary in each case, based on the language of the declaration itself and the application of Georgia law. If you are in a dispute with your HOA or condominium association, and think your Board may not be properly established or has not properly adopted the rules it intends for the homeowners to live by, contact an experienced Georgia HOA attorney who can assist you in evaluating the particular facts of your case. Written by Julie A. Liberman, LLC &#124; Published by www.jlibermanlaw.com]]></description>
		
		
		
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		<title>Cathedral City Case Limits HOA Authority Over Short-Term Rentals</title>
		<link>https://www.hoaalliance.org/cathedral-city-case-limits-hoa-authority-over-short-term-rentals/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 30 Sep 2021 22:27:45 +0000</pubDate>
				<category><![CDATA[US News]]></category>
		<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[California HOA]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=28475</guid>

					<description><![CDATA[A California appeals court has ruled that a Cathedral City homeowners association does not have the authority to add restrictions on short-term rentals to properties that were purchased before such rules were in place. The ruling, issued by the Fourth District Court of Appeals, found in favor of Nancy Brown, a condominium owner within Cathedral City&#8217;s Montage at Mission Hills homeowners association. Brown, who had purchased the condo in 2002 and rented it short-term since that time, sued the HOA after it put new restrictions in place banning its members from renting properties for less than 30 days in early 2018. While Brown was unsuccessful in the initial suit, the Aug. 20 appeals ruling found in her favor. Brown&#8217;s case hinged on the California Civil Code  Section 4740 , which forbids HOAs from prohibiting their members from renting properties unless those prohibitions were in place before they purchased the property. The trial court sided with Montage&#8217;s interpretation of the code, which was that the ban on rentals less than 30 days was a restriction and not an outright prohibition on rentals. The appeals court reversed that decision, instead ruling that Montage&#8217;s ban on short-term rentals amounted to a prohibition. Despite the ruling, it is uncertain whether Brown will now be able to short-term rent her property. In the time since she first filed her case, Cathedral City has voted to phase-out all short-term rentals by 2023 and is no longer issuing new short-term rental permits. Shaun Murphy, a Palm Springs-based attorney who represented Brown in the case, said it was unclear whether Cathedral City would grant Brown an exception and issue her a new short-term rental license under the circumstances. He noted that Brown had held a short-term rental license prior to her HOAs&#8217; ban in 2018. &#8220;If they do (issue her a license), then obviously she&#8217;ll continue to be able to rent,&#8221; Murphy said. &#8220;If not, then the recovery (charges) would be against the association because they not only prevented her from renting from 2017 to the present, but their actions prevented her from taking advantage of the phase-out period as well.&#8221; Murphy said the issue of possible compensation for Brown&#8217;s missed revenue during the period when she was unable to short-term rent would likely go on to trial at a later date. The attorney noted that the ruling, which is focused specifically on HOAs, provided &#8220;no protection&#8221; to city prohibitions on short-term rentals. The ruling also does not restrict the ability of HOAs to make new rules allowing short-term rentals. In some cities where such rentals are prohibited, including Cathedral City, the local ordinance includes an exception for HOAs that wish to allow short-term renting in their communities. According to Murphy, HOAs that previously did not allow short-term rentals would still be allowed to open to short-term renting, regardless of the status at the time members&#8217; properties were purchased. &#8220;(In that situation) the people that bought thinking that they were going to be in a development without short-term rentals, they&#8217;re going to be disappointed,&#8221; Murphy said. &#8220;But there&#8217;s really nothing that they could do to challenge that.&#8221; Originally Published By   Palm Springs Desert Sun By James B. Cutchin James B. Cutchin covers business in the Coachella Valley. Reach him at james.cutchin@desertsun.com.]]></description>
		
		
		
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		<title>HOA Training Tip: Request Board Training Materials From Your Property Management Company</title>
		<link>https://www.hoaalliance.org/hoa-training-tip-request-board-training-materials-from-your-property-management-company/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Fri, 21 May 2021 22:41:40 +0000</pubDate>
				<category><![CDATA[Training Tips]]></category>
		<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=19935</guid>

					<description><![CDATA[Materials and instructions on how to train your HOA board members is just one of the beneficial services the management company should fulfill. Comprehensive instructions should provide an overview on member roles and responsibilities, governing documents, effective management techniques, operations, and tools for future planning.]]></description>
		
		
		
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		<item>
		<title>Understanding The Duties Of Condo/HOA Lawyer</title>
		<link>https://www.hoaalliance.org/understanding-the-duties-of-condo-hoa-lawyer/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Tue, 18 May 2021 22:51:54 +0000</pubDate>
				<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=19862</guid>

					<description><![CDATA[&#8220;Our HOA uses dues to pay for the retention of a lawyer. If there&#8217;s a dispute with a homeowner, the board uses that lawyer to fight &#8216;on the board&#8217;s side&#8217; against the homeowner. Doesn&#8217;t the lawyer represent the members? Isn&#8217;t it their role to help settle disputes without taking sides?&#8221; Here, we find out how community association experts view the lawyer&#8217;s role in the overall operation. That&#8217;s Not Quite Right. The key question from our reader seems to be: Doesn&#8217;t the lawyer represent the members? The simple answer is no. &#8220;This is pretty universal: The lawyer represents the association or the entity of the association, and we owe our duty of loyalty to the corporate entity,&#8221; explains Elizabeth White , counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm&#8217;s national community association industry team. &#8220;The challenge is that we report to the board, the representative body of the entity.&#8221; That&#8217;s also the position of Hal Barrow, founder of Barrowlaw, a suburban Philadelphia law firm that has represented hundreds of associations. &#8220;Let&#8217;s start with the notion that, as an association lawyer, my client is the association,&#8221; he says. &#8220;It&#8217;s not the board, and that&#8217;s a hard distinction for lay people to understand. And I certainly don&#8217;t represent the homeowners,&#8221; he adds. &#8220;I&#8217;ve had homeowners ask me: &#8216;Aren&#8217;t you my lawyer?&#8217; The answer is no.&#8221; Owners Don&#8217;t Know What They Don&#8217;t Know The challenge is that often homeowners don&#8217;t know what the lawyer is advising—in fact, they can&#8217;t know the lawyers&#8217; advice. &#8220;When the association hires a lawyer, the lawyer represents the entity, not the individual board members, and sometimes that&#8217;s a little blurry,&#8221; notes Katie Anderson , PCAM, AMS, CMCA, the founding owner of Aperion Management in Bend, Ore., which manages about 60 condo, HOA, and townhome associations. &#8220;Defending the board may be in the best interest of the entity. Also, there&#8217;s an attorney-client privilege, so every homeowner won&#8217;t hear that lawyer&#8217;s opinion on how to proceed. But there&#8217;s still a structure to that representation.&#8221; Anderson has even seen where individual board members assume the lawyer represents them personally. &#8220;We do have this conversation from time to time, that the lawyer represents the entity and not individual board members,&#8221; she explains. &#8220;Sometimes board members are making bad decisions, and the association&#8217;s attorney will tell them to get separate counsel because they&#8217;re making bad choices.&#8221; No Blanket Support The reader is right that a community association lawyer shouldn&#8217;t support the board come what may. &#8220;I don&#8217;t think experienced community association lawyers knee-jerk support the board,&#8221; reports Daniel J. Miske, CCAL, a partner at Husch Blackwell in Milwaukee who represents 650 associations at any given time. &#8220;Most of them tend to temper actions by the board, but they do it subject to the attorney-client privilege by telling the board what they can and can&#8217;t do, and they don&#8217;t do it publicly.&#8221; Barrow agrees. &#8220;Do you as the lawyer always have to blindly follow what the board wants?&#8221; he asks. &#8220;In the reader&#8217;s scenario, it may be that the lawyer&#8217;s job is to try to talk the board back and to educate them on where they should be going. &#8220;Maybe there&#8217;s an obsolete covenant involved, and the board insists on enforcing it to the letter of the law, though it no longer makes sense,&#8221; he surmises. &#8220;Maybe it&#8217;s against antennae or satellite dishes. In that case, I&#8217;d meet privately with the board to educate them on where they should be going and try to steer them in that direction. That&#8217;s my job in every situation.&#8221; The lawyer also isn&#8217;t a mediator , unless that&#8217;s the specific job the lawyer has been hired to perform. &#8220;They don&#8217;t act as mediators between the board and unit owners,&#8221; says Miske. &#8220;That&#8217;s not their job. The reader is skipping a basic fact that exists in their association. The members elect the board to represent them. If the owners don&#8217;t like the way they&#8217;re being represented, they should elect a new board. Let them govern, and if you don&#8217;t like the way they&#8217;re governing , elect a different board. &#8220;The people who generally complain are the dissenters who want to run the association differently—they typically already have a beef with their board,&#8221; contends Miske. &#8220;If they&#8217;re right about the board, they should put themselves on the ballot and get elected. But often they&#8217;re not right, and their neighbors view them as a pain in the butt.&#8221; Originally Published By   HOAleader.com]]></description>
		
		
		
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		<title>17 Tips Every HOA Board Member Can Use</title>
		<link>https://www.hoaalliance.org/17-tips-every-hoa-board-member-can-use/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 06 May 2021 17:43:10 +0000</pubDate>
				<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[Training Tips]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=19491</guid>

					<description><![CDATA[Originally Published By Blog.Highnellhoa.com Being an HOA board member is no easy task. There are meetings to attend, decisions to make, and duties to fulfill. With the extra demand on your time and resources that comes with being a member of the board, you and your fellow board members can probably take all the help you can get. Whether your homeowners association is big or small, the members of your board can most definitely use the quick tips below. Print them out and stick them in your wallet, include them in the board packet at your next meeting, or email them out in your next board correspondence. You won’t regret it. Helpful Tips for HOA Board Members 1.  Understand the CC&#038;RS – these dictate the restrictions of what can and cannot be done in the Association. 2.  Actually read the Bylaws – they describe how the board works and outlines the responsibilities of each HOA board member’s position. 3.  If you hold a director position, know the responsibilities of your position. 4.  Open your board packet at least 24 hours prior to a board meeting to actually look at what the meeting’s agenda will be. 5.  Ask any clarifying questions about the agenda items prior to the meeting – this will surely “wow” your HOA manager. 6.  Show up to the HOA board meetings. 7.  Understand the board meeting procedures. 8.  Hint: board meeting procedures are outlined for California homeowners associations in the Davis-Stirling Act. 9.  Never heard of the Davis-Stirling Act? Click here immediately ! 10.  Transfer functions when you can – for example, if you’re the secretary, find someone to take the meeting minutes so you don’t have to. 11.  Know that you can transfer functions, but as an HOA board member you still have the responsibility. 12. Find trusted experts to look to for advice and services – such as accountants, attorneys, contractors, and vendors. 13. Know the difference between your operating and reserve budgets. 14. Clearly understand how to read your homeowners association’s financial statement. 15. Talk to homeowners living in the Association to find out positive and negative issues around the neighborhood. 16. Educate yourself and attend board trainings and social gatherings – it will be worth it and maybe even fun. 17. Consider hiring and HOA manager to work together with your board. The most important duties of an HOA board member are to protect, enhance and maintain the Association. Stepping up to be a board member can be a rewarding, yet challenging experience. These tips are just the tip of the iceburg when it comes to successfully running a homeowners association, but they are only useful when they are put into practice.]]></description>
		
		
		
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		<title>HOA Board Meetings: 5 Tips To Run Productive Meetings</title>
		<link>https://www.hoaalliance.org/hoa-board-meetings-5-tips-to-run-productive-meetings/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 06 May 2021 17:41:37 +0000</pubDate>
				<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[Board Meetings]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=19488</guid>

					<description><![CDATA[Originally Published By Cedar Management Group &#8211; CMG HOA board meetings — are they time well spent for your members? Being on a homeowners association board means volunteering your time and effort for the improvement of your community. For the most part, it’s an incredibly fulfilling role, but it also involves dealing with differences in opinion and finding time to get everyone together. Learning how to run an HOA meeting could just be the best skill you can pick up as part of a community management team. How to Run HOA Board Meetings Successfully Successful HOA board meetings need not eat up a lot of your time. Often, the shorter you can make them, the better it is for everyone involved. Smooth and effective HOA board meetings are ones your members will actually start looking forward to once they start to see how much they are getting done in a short period of time. Most board members are volunteers who care about having a well-run community, and many of them are even passionate about it. It’s just a fact that each member may have different ideas, and association board meetings are important opportunities for them to give voice to their thoughts. It can be difficult at times to maintain short HOA board meetings and come to quick decisions. Keep the following tips in mind on how to run an HOA meeting, and everyone can leave the table with a clear idea of which direction the group is going next. 1. Have a Well-Organized Agenda Two main things are crucial for running successful HOA board meetings. The first is the attendance — association board meetings need everyone to be aware of the decisions that the group makes. The second is having a well-organized agenda for your meeting. This includes old business, new business, committee reports, a review of action items, the treasury report of the previous month’s finances, and an open owner forum. What goes into your agenda depends on the requirements set forth in your governing documents and your state laws. That said, keep in mind to include only the necessary items in your meeting agenda. Effective HOA board meetings need not cover every little issue. In fact, it may be counter-productive to start a meeting with a huge list of items. To keep the group engaged and focused, try to keep the association board meetings centered on just the most urgent item at the time, if possible. 2. Keep It Concise The purpose of meetings should be appointed actions, on-topic discussion, and motions that move the association’s goals forward. Otherwise, HOA board meetings tend to get sidetracked, and that’s not a thing you want if you still have important matters to discuss. It’s really important to set up guidelines for your agenda items. Anything outside of these should be handled at another time. Discussions can end up going in circles, but that’s normal when concerned people are involved. In these cases, those running the meeting should know when and how to table it in a way that respects everyone’s opinions so that the meeting may move on. Successful HOA board meetings are ones that cater to those present. For meetings among board members, you should also only discuss items that are high-level topics or in need of a vote from those involved. Also, keep in mind that you don’t necessarily need committee members to be present at each and every meeting. They should, however, be there for the regular board of directors meetings . Just what makes HOA board meetings short and concise? Sixty (60) to ninety (90) minutes is generally a good running time to aim for the majority of your association board meetings. 3. Assign Times for Agenda Items Always have someone monitoring discussion time on items addressed. Each agenda item should have a time budget to them – that’s one of the important things to understand about effective HOA board meetings. It’s easy for something meant to take 10 minutes to turn into an hour-long discussion if someone does not put their foot down. For a typical agenda item, if it goes 10 minutes over, wrap it up and move on. It’s a good thing to remember that it’s also all too common for board meetings to turn into social hour. Make sure to designate specific times to start and end your HOA board meetings. That way, you can give everyone time to socialize later or attend to other things as they need to. 4. Limit Homeowner Speaking Time The opinion of homeowners is invaluable for planning future improvements for the community. Of course, it’s great to invite owners to meetings, but you do have to manage their numbers. It’s also best to provide a venue for homeowners to express themselves, but you also don’t want comments from everyone basically taking over the entire meeting. Allot time for them a few minutes before or after meetings. Better yet, have them submit questions and comments before the meeting so the board can know what to expect and better address them in a timely manner. Keep in mind that not all homeowners will be familiar in detail with the HOA governing rules. It’s always a good idea to remind owners and members about meeting rules and the procedures to follow. This will establish a behavior boundary for everyone in the venue, and this can save you from having to deal with disruptions later on. 5. Be Clear When Wrapping Up Effective HOA board meetings bring everyone on the same page, so it’s always a good idea to spend a few minutes to confirm everyone’s understanding of what was discussed. Before you end each meeting, if time permits, try to review action items and make sure each board member understands their responsibilities and role for each of them. It’s better to confirm from everyone while you’re still together so that there will be fewer disagreements afterward. Make Effective HOA Board Meetings a Habit Successful HOA board meetings get]]></description>
		
		
		
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		<title>What&#8217;s Involved With Serving on the Board of a Homeowners&#8217; Association?</title>
		<link>https://www.hoaalliance.org/whats-involved-with-serving-on-the-board-of-a-homeowners-association/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 06 May 2021 17:35:18 +0000</pubDate>
				<category><![CDATA[Boards & Associations]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=19485</guid>

					<description><![CDATA[Article Originally Published On Nolo.com &#8211; Written By  Beth Ross Many people love living in planned unit developments (PUDs) for the great amenities offered, such as common swimming pools, clubhouses, and tennis courts. And, unlike owning your own pool or tennis court, you can enjoy the development’s common amenities without lifting a finger to maintain them! Developments cannot function, however, unless there are dedicated homeowners willing to help run the community by serving on its homeowners’ association (HOA) board of directors (the “board”). You might hesitate to serve on your HOA’s board if you don’t know what a board member does, or what’s expected. This article will help you understand what’s commonly involved with serving on an HOA board. What Is an HOA Board of Directors? Almost all developments have an HOA, which bears the responsibility to operate, repair, replace, and maintain the development’s common areas, such as parks and clubhouses, owned in common by all the development’s home owners. Most HOAs are nonprofit corporations, and typically, when you buy a home in a planned community, you automatically become a member of its HOA. Most HOAs are run by a board, usually made up of a small number of HOA members, elected by a vote of the other HOA members. What Laws and Rules Cover HOAs and Their Boards? To find out the responsibilities and powers of your HOA (and its board), review your development’s governing documents, specifically the HOA’s articles of incorporation and bylaws, and the declaration of conditions, covenants, and restrictions (CC&#038;Rs) and easements. In connection with its responsibility for the common areas, most HOAs are required to adopt an annual budget, and collect dues and assessments from the development’s homeowners to pay for the budget. Beyond that, many HOAs also have the power to adopt and enforce rules and regulations, and to hire personnel (or a management company) to help carry out HOA responsibilities (for details, see  HOA Board Member Duties , below). If you don’t already have a copy of your development’s governing documents, you can request one from your HOA (or the development’s manager, if there is one). Copies are also on file in your county’s public records. Your state’s corporate laws relating to nonprofit corporations, as well as any specific state laws governing planned developments, might also have something to say about the responsibilities and authority of your HOA and its board. You can obtain a copy of relevant laws from your HOA’s attorney (if it has one). If not, current board members might help point you to the relevant laws. You can also search online to turn up the corporate codes and other relevant laws; Nolo&#8217;s  Laws and Legal Research  center provides information on doing this. Your Fiduciary Obligation as an HOA Board Member In general, corporate law gives board members of a nonprofit corporation the fiduciary duty to the other members of the HOA (all the other homeowners). In practice, this means that HOA board members must: act in good faith act in the best interests of the HOA as a whole (and avoid any conflict of interests) be informed prior to acting not take any actions without proper authority, and not take negligent, or willfully harmful actions. Other HOA Board Member Duties Beyond your fiduciary obligation (and any other applicable state law requirements), the specific duties and responsibilities of HOA board members depend on your development’s governing documents. HOA Board Membership and Meetings Typically HOA articles and bylaws require that HOAs have a minimum number of board members, each of whom serves for a specific term. The governing documents describe who can serve on the board, and how board members are elected. The documents also determine required meetings, and describe meeting and voting procedures. HOA Officers Most boards are also required (or allowed) to elect officers. These commonly include a President, Vice President, Secretary and Treasurer. Each officer has different responsibilities, for example, the President typically sets the agenda, and the Secretary takes meeting minutes. You can choose whether you wish to serve in an official office, or as a general board member. Budgeting A key responsibility of almost all HOA boards is to set the annual budget for the operation and maintenance of the development. Again, procedures for adopting the budget are determined by the governing documents’ requirements, but typically, a board vote is necessary. As an HOA board member, you’ll need to familiarize yourself with the expenses involved with running the community, and make responsible, informed decisions on budget matters. HOA Board Powers HOA board members have various powers under the development’s governing documents. These include the following: The authority to assess and collect periodic dues from each homeowner to pay for the budget. The authority to levy special assessments for items outside the budget —for example, to pay for unforeseen repairs needed to the clubhouse roof after a huge storm. The power to adopt rules and regulations.  As an HOA board member you might help create and adopt rules on anything from subletting, to lawn maintenance, to what color homes are allowed in the development. Enforcement powers, such as the right to assess fees for delinquent dues or for rule violations.  The governing documents might also grant the HOA the power to place a lien on a delinquent owner’s property for unpaid dues, or to enter a homeowner’s property to fix a rule violation. For example, if a homeowner is violating a maintenance rule by failing to mow his or her lawn regularly, the HOA might have the power to assess fines against the violating owner, as well as the authority to hire a lawn service and bill the homeowner for a mowing. As a board member, your informed vote will help determine what enforcement actions the HOA takes. Traits of a Good Board Member Unfortunately, no HOA board can always please every owner. When an HOA fines a neglectful homeowner for lot mowing, for example, the owner will likely grumble and complain. Because of this occasional tension, one]]></description>
		
		
		
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