Category Archives: HOA POA Law

Legislation changes affecting homeowner & property owner associations.

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

Share
Posted in HOA Management, HOA POA Law, Homeowner Association Q&A's | Tagged , , , , , | Leave a comment

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

Share
Posted in HOA Management, HOA POA Law | Tagged , , , , | 1 Comment

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

Share
Posted in HOA Management, HOA POA Law | Tagged , , , | 2 Comments

HOAs Adjust To Texas Law Changes

By MATTHEW WATKINS Want to go green by harvesting rainwater and installing solar panels at your house? Your homeowners association can no longer stop you, even if it considers the projects eyesores. Religious symbols under a certain height and flagpoles with United States, Texas or military flags are now also fair game. And if your homeowners association wants to foreclose on your home for missed dues and unpaid fines, there are new hurdles it must clear. That is because of a series of new laws passed during the 2011 legislative session that have shaken up how the state’s numerous and … Click Here For Entire Entry

Share
Posted in HOA POA Law | Tagged , , , | 1 Comment

Texas Homeowner Association Laws

By Bill Oliver With more than 60 homeowners associations (HOA), the city of College Station TX is devoting staff time to staying on top of new state laws. Barbara Moore of College Station’s neighborhood services office says additional requirements for HOA’s will affect how she does her job. Before new laws took affect January 1st, Moore says they worked with recruiting and training new HOA officers. Now, she will be assisting HOA’s with complying with new open meetings and records requirements among other things. Moore says a recent meeting with 80 HOA representatives and members of a HOA trade association … Click Here For Entire Entry

Share
Posted in HOA POA Law | Tagged , , | Leave a comment

Legislator ‘oops’ on HOA Legislation HB-2160

by Kathleen Stinson Arizona House Bill 2160, authored by Scottsdale Republican state Rep. John Kavanagh and approved by the state House earlier this week, sets new standards for condominium and HOA board elections. It will now go before a Senate committee. Kavanagh said his bill guarantees secret ballots, prohibits an HOA from including endorsements in official board mailings, prohibits counting ballots before the close of an election, allows for a representative from each candidate to observe the counting, and provides that any identifying information be placed on the outer envelope and not on the ballot itself. Kavanagh said his bill … Click Here For Entire Entry

Share
Posted in HOA POA Law | Tagged , , | Leave a comment

Associa Announces Opening of Texas HOA Collections Service

There was a recent news article that announced that – HOA Collection Services (HCS), an Associa company, launches this week in Texas and California, providing collection services to community associations. “When community association Boards find collections services necessary, it is paramount to provide efficient, respectful service at a competitive cost,” said Paul Reyes, president of HCS. Associa is the largest Homeowner Association and Property Owner Association companies in the United States and is moving into Canada and Mexico. It is a diversified company with branches in every aspect of HOAs, including homeowner association management, insurance, and now collections. Associa also … Click Here For Entire Entry

Share
Posted in Action Steps, HOA POA Law | Tagged , , | 1 Comment

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

Share
Posted in HOA Management, HOA POA Law | Tagged , , , , | Leave a comment

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

Share
Posted in HOA Management, HOA POA Law | Tagged , , , | Leave a comment

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

Share
Posted in HOA Management, HOA POA Law | Tagged , , , | 1 Comment

New Texas Laws Change HOA Powers

By Natalie Solis Nearly 5 million Texans live in neighborhoods with homeowner associations. Compared to other states, HOAs wield a lot of power. But that’s starting to change. For many North Texans, home owners associations are the norm and not the exception Angel Long is well versed in the rules. “Just those little things… the arbor on the back that had to be approved, and all the regulations,” she said of her Frisco home. “It wasn’t ever a hard process, but just something that had to be followed.” Rules are one thing, but taking away someone’s house is another. “Lawyers … Click Here For Entire Entry

Share
Posted in HOA POA Law | Tagged , , , | Leave a comment