Category Archives: HOA Management

Homeowner Association Management

Can HOA Board Forgive Unpaid Assessments?

Q: Our homeowners association’s board of directors forgave homeowners who were two to three years behind on their assessments. This was done without our knowledge, and we found out about it before our annual meeting. Is this legal? This seems unfair to the homeowners who pay their dues every year. Read the answer here: http://www.charlotteobserver.com/2013/02/15/3855294/can-hoa-board-forgive-unpaid-assessments.html#storylink=cpyRead more here: –>HOA Financial Responsibility

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Court Decision Helps Community Organizations

Q. I received a legal update via e-blast from a local law firm that specializes in real estate and condo association law. Apparently there is a new court decision that provides relief for banks and third party investors who buy a property at foreclosure sale. As I understood it, a condo or homeowners association will no longer be able to pursue past due maintenance fees if the association foreclosed its lien and owned the property for a period of time. Can you better explain the court decision and what it means for community associations? Q. We have an owner who … Click Here For Entire Entry

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Abuse Of Power

At Monday night’s HOA meeting, residents spoke out against the board. One man said, “Shame on you. Shame on you board members.” “I mean, it’s just wrong,” homeowner Judith King told 10News outside the meeting. “It’s wrong.”  Neighbors said Evolfo applied for a city permit to build a backyard “deck” before receiving HOA approval. After getting the permit, the HOA president called an emergency HOA meeting solely for a vote on his “deck.” Fellow board members approved construction. –> Read Complete Story

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HOA Accountability

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Gated HOA Gated Community Streets Responsibility

By Robert Lee Long Citizens say streets in Cross Creek, a private gated community in Hernando, are in need of repair and one of the ways to upgrade their condition is to make them public. One way to achieve improvements and upgrades is to turn the streets over to the city. At issue, however, is the fact that plats of the subdivision will have to be changed, and if the streets are taken into the city, they will have to be accessible to the public. Leigh Pegram, president of the Cross Creek Homeowners Association, said the group is exploring their … Click Here For Entire Entry

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Who Pays For HOA BulkHeads

By Gretchen Wenner One of Oxnard’s premier neighborhoods, where boats nose up to million-dollar homes and the ocean beckons just beyond the harbor, has a problem borne of its marine environment: Sea walls are getting old. The reinforced concrete walls that protect Mandalay Bay’s 743 homes were built in the late 1960s and early 1970s. They had a projected life span of roughly 40 years — time that’s about up. A group of homeowners is advocating pre-emptive repairs that would cost a fraction of the estimated $118 million needed for total replacement. A recent evaluation found some stretches are at … Click Here For Entire Entry

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Homeowner Association Attorney Ethics

By Jan Bergemann In a perfect community association world the association attorney would make sure that the interests of all members of the community are represented when acting on behalf of the association. The actions of the attorney would benefit all members of the community – since all are paying the legal bills equally. Board members and owners should be able to rely on an attorney, who acts as the professional the association hired to represent its legal interest. But since we are not in a perfect community association world, we see lots of problems caused by association attorneys who … Click Here For Entire Entry

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13 Helps Condo Owner Get Action From HOA

By Loni Blandford Water can cause quite a lot of damage when it leaks, especially if you are living in an apartment. So when it happened at one Valley condo, the owners turned to their Homeowner’s Association. But when they couldn’t get an answer, they turned to Action News. “Apparently, there was a leak upstairs,” explained Darlene Castello. Water started leaking into the Las Vegas condo owned by Darlene’s parents. It damaged the walls and even the carpet. So Darlene called the Homeowner’s Association for help. “I started calling daily. Leaving message after message after message,” said Darlene. Darlene says … Click Here For Entire Entry

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Are All HOA Monies Tax Exempt?

By Gary Poliakoff A Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to a 30% sales tax as corporate surplus. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations. Associations are not entitled to tax exempt status like charitable organizations. To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in the Code. To be tax … Click Here For Entire Entry

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Disturbing New Trend Impacting HOA’s

By Donna DiMaggio Berger Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. The first is this year’s construction defect bill, HB 1013, sponsored by Representative Artiles and its Senate companion, SB 1196, sponsored by Senator Bennett. These bills would take away a homeowner’s rights to pursue a developer for defects to the driveways, roads, sidewalks. utilities, drainage areas and other so-called “off-site” improvements that are not located on the lot on which a home is constructed or which are located on such a lot but do not contribute to the … Click Here For Entire Entry

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Texas HOA Law Changes

By Jennifer Slewer A slew of changes are now in effect for the state’s homeowners associations, the love-’em-or-hate-’em groups that everyone seems to have an opinion about. The changes grant homeowners more freedoms when it comes to outdoor decorating and installation of environmentally friendly systems. The changes also make it harder for HOAs to foreclose because of unpaid fees. Now, HOAs won’t be able to keep you from displaying the U.S. or Texas flag, or flags of military branches. Free-standing flagpoles 20 feet tall or less will be allowed, too — legislation filed in response to an HOA that sued … Click Here For Entire Entry

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Preparing For HOA Annual Meeting

By Stan Riddle Over the next few months, a number of homeowner associations will be holding their annual meetings. Of all of the HOA meetings held during the year, this one probably has the most members in attendance due to a number of important issues that are likely on the agenda, such as election of officers. In an effort to assist HOAs in making this meeting run both effectively and efficiently, the Green Valley Council offers a few suggestions: –> Read Complete Story Here

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Round Rock TX HOA Confuses

By John Salazar Construction on the Patton family’s backyard shed began in August 2010. At that time, Brian Patton said he was given the green light from his neighborhood’s Homeowners Association. “They came out and did the first inspection. That’s a line inspection (he said pointing to the outline of where their shed would go) where they set out ropes and they check the lines to make sure we are not on easements. They passed it,” Patton said. The storage building was nearly completed when the postman delivered a letter of bad news. “The letter says we were not in … Click Here For Entire Entry

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Texas Homeowner Association Disagreements

By Christin Coyne Located in far east Parker County off of White Settlement Road, Remuda Ranch Estates is where rural Parker County allows residents to escape the Fort Worth area. When a home burned down several months ago, many neighbors left their homes to support the family. But the neighborhood isn’t as peaceful as it appears. After years of feuding, some neighbors don’t speak to each other any more. Ten lawsuits have been filed in Justice of the Peace Court or District Court during the last three years involving the Remuda Ranch homeowners association, those on the board of directors, … Click Here For Entire Entry

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