A large part of any association attorney’s day is spent reviewing portions of a community’s governing documents. Many times I’ve settled in for an afternoon of documentary review,with highlighter in hand, only to find myself wondering why so much of what I’m reading is confusing, muddled and even just less than useful. Read more………
Do you have “less than useful” provisions in your association’s governing documents?
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10 tips on amending your CC&Rs (CA)
Homeowner associations in the U.S. are governed by CC&Rs (covenants, conditions, and restrictions), which are contracts between the HOA and homeowners. The document outlines policies, rules and procedures covering issues regarding the usage and alteration of property. Here’s how to make changes to CC&Rs. Read more……….
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How and When to Update the Rules, Apply Special Fees, and Use Proxies
When it comes to running an HOA, as a board member, there are a lot of “special circumstances” or advanced facets that don’t come around every day. In fact, many board members can go their entire terms without ever running into these types of situations, which is truly an ideal situation. Read more……..
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Voyeurs, Exhibitionists, and Sex Offenders in Community Associations
Does an association have the right to restrict registered sex offenders? Several communities throughout the country have amended their documents to prohibit violent sex offenders from residing within their planned communities.
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Drafting Enforceable Restrictive Covenants
“Restrictive Covenants.” Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time. Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property. If not, you might want to check into that. Read more……..
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Courts curb power of HOAs to amend Declarations (NC)
I’ve written before about amending the Declarations for a homeowner association. A new case handed down this month by the North Carolina Court of Appeals could make it harder for an HOA to amend the Declarations to their liking. Read more………
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The Importance for Community Associations to Record Governing Document and Timely File Objections to a Chapter 13 Plan
A recent Bankruptcy Court decision in New Jersey highlights two important issues for community associations: 1) Record your Governing Documents; 2) Timely file an objection to a Chapter 13 Plan if the Association is a creditor and objects to the treatment in the debtor’s Chapter 13 Plan. Read more………
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Why Grandfather Clauses Can be Useful in Community Associations
Environments change as time goes on and rules and regulations must change with them as a result. While rule changes may be necessary, they aren’t always easy to implement. Community associations and property managers must devise the best practices for introducing new rules and they must also deal with residents that aren’t happy with the new changes. Read more…….
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Tying Up Loose Ends in Your Homeowner Association
As homeowner associations age, certain illegal “additions” to the common area tend to creep in like storage sheds, fences, patio roofs, awnings and gardens. These add ons flourish when the board is asleep at the wheel or disinclined to challenge the offenders. Eventually, a board is elected that understands things have gotten out of hand and a campaign is begun to rein in the offenders. Most of the offenders will claim that a prior board or the developer gave them permission. Read more……….
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Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far (MO)
Quite frequently, the homeowners association (“HOA”) of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from changing the date of the annual meeting (please, do not schedule for the last day of October, Halloween, the fourth Thursday of November, Thanksgiving, or some other holiday, either by specific date or particular week of the month), number of board members or even the requirements for payment of the annual assessment. Those changes would arguably not expand the reach of the indentures or restrictions. Read more………
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Issues to Consider When Updating Governing Documents
The governing documents are essential to the successful management and financial health of an association. As a Board grows more familiar with the governing documents, it may find that some of the provisions of the documents are either too vague or too restrictive. For many older associations, some provisions may be archaic and no longer workable. Read more……..
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Board considers taking responsibility of shared spaces
Q: I live in a community composed of townhouse villas with shared party walls and roofs. Our governing documents state that the owner is responsible for exterior maintenance, repair, replacement and insurance. The association is considering amending the declaration to shift responsibility for all exterior maintenance, repair and replacement of the villas (or at least painting and roofs) to the association, and increase the assessments accordingly. Is such an amendment enforceable? Does the fact that the owner insures the building change the answer? Read the article………
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How to Amend HOA Rules and Bylaws
Communities that have associations usually have set rules and bylaws, which are designed to make the neighborhood the best place to live. Some of those rules, however, may have been passed twenty years ago, or more, and they no longer mesh with current social norms, the needs of the HOA or the flow of the community. Luckily, with a little effort, these rules and bylaws can be amended. Read the article………….
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Updating Condominium Bylaws is a Tall Order
Question: I have just been elected to the Board of Directors of our Condominium Association. There are 125 units in the complex, and I have just spent last night reading our Bylaws. They were written in the early 1970s, and I am concerned they are not current. Read the article…………..
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Reviewing and Updating Associations’ Governing Documents and Bylaws
For condominium associations and HOAs, effective governing documents are essential for their successful management and financial wellbeing. Association boards should regularly review their governing documents and bylaws to ensure their continued functionality and eliminate provisions that may have become archaic. Read the article………..
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Clearly defining nuisance activity in your governing documents can help association boards avoid future headaches
A nuisance is generally defined as a person, thing or circumstance which causes inconvenience or annoyance. For some people living in shared ownership communities, there is no escaping a nuisance situation that has risen to a level which impacts the enjoyment of their homes and their community. Read the article………..
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The Importance of the “Certification” when Amending HOA Documents (VA)
The Virginia Supreme Court’s opinion in Tvardek, et al v. Powhatan Village Homeowners Association, Inc. highlights how critical it is to not only amend your HOA documents in compliance with the law and your existing documents, but to make sure that the amended document that gets recorded properly memorializes that you did so. Read the article………….
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4 Tips For Changing HOA Bylaws
The HOA’s bylaws are important for keeping the neighborhood pleasant. All homeowners agree to follow these bylaws when they purchase a home in the neighborhood. However, sometimes, these bylaws need to be changed. It’s always a good idea to routinely go through your governing documents and change what doesn’t work anymore. Read the article………….
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Fixing Your HOA’s Governing Documents
Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Here are some important reasons to amend: Read the article………….
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Washington Supreme Court Issues Bilanko v. Barclay Court Opinion: 4/28/16
Bilanko is the most recent addition to the ongoing saga in Washington law and the enforceability of condominium declaration amendments under the WCA (RCW 64.34). Bilanko involved a homeowner challenge to the enforceability of a declaration amendment that restricted unit rentals. Read the article…………
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