Living in an HOA

What We Learned About HOA’s From Justin Bieber

Whether he’s speeding, egging, or spitting in the face of both neighbors and common decency, Justin Bieber has been giving a bad name to Southern California “boys next door” for some time now.

He’s also become the worst nightmare of every HOA board from Columbus to Calabasas, where this week, he was required to fork over $80,000 in damages for hurling eggs (and obscenities) at the home of his neighbor in the gated community of The Oaks.

Though his behavior probably merits a collective public eyeroll, there are actually a couple of important lessons about HOA communities that can be learned from the pop star’s recent exploit:

Homeowners associations can help residents rally to take a stand against inappropriate and unsafe behavior.

HOAs often tout that they help build a sense of community, and it’s true. While the circumstances surrounding the incident are unfortunate, residents of The Oaks banded together when Bieber’s alleged habit of racing through the community in a Ferrari at 100 miles an hour crossed a line. After he zipped past a neighborhood BBQ full of children – and father/former NFL star Keyshawn Johnson – neighbors had enough. They approached the HOA board, which issued stern warnings toward those threatening the neighborhood’s safety, and reminding neighbors to call police when certain residents tear through the streets.

Homeowners associations can help protect responsible residents from negligent ones.

Even if 99 percent of your residents are responsible, respectful, law-abiding neighbors, all it takes is one bad apple to spoil the experience for everyone. A Beverly Hills condo community experienced Bieber’s un-neighborly behavior when the star is thought to have begun renting from a condominium owner. When “the Bieb’s” late-into-the-night parties became too loud and too much for residents to handle, reports say that the HOA board hired security guards to regulate the parties and protect residents – making sure the condo landlord was the one footing the bill.

There are many reasons to consider living in an HOA community, from protecting your investment to protecting your family. If you end up with a neighbor like Bieber, you’ll probably be glad you have the backup. 

by /Building Community, HOA Neighborhood Watch Group

The Single Best Tactic for HOA Problem Solving. Here It Is:

In a scene from the movie “Office Space,” software company Initech brings in hilarious, generic consultants (“the Bobs”) to help soften the blow of corporate outsourcing and layoffs, and sends out an ominous corporate memo in advance. “You have to interview with this consultant,” worker bee Tom Smykowski warns his buddies, Peter, Michael, and Samir. “They call them efficiency experts, but what you’re really doing is interviewing for your own job.” Corporate silliness is played to an extreme – for a lot of laughs – in this late-90s cult classic.

 

In the real world, the most effective businesses and organizations know that when they’re running into internal problems that seem unsolvable, turning to a third party of actual experts can be their smartest move.

 

Whether HOAs are stymied by the roadblocks of personality clashes, a lack of expertise on the board, or almost any other conflict, turning to the Community Associations Institute (CAI) can be a sanity-saver. CAI is an international organization whose “mission is to inspire professionalism, effective leadership and responsible citizenship, ideals reflected in communities that are preferred places to call home.” The group is something of a one-stop shop for community associations, providing professional development courses (and professional designations), education programs for volunteer leaders, special events and conferences, networking opportunities, service provider directories, advocacy at the state and national level, and a huge, Web-based library of research and resources.

 

Of course, you can additionally turn to experts within your own community. Maybe there is a management pro who’s also a homeowner, and you could approach that person to volunteer (link to volunteer blog) and offer their expertise to the community. There is also a host of great leadership and interpersonal communication advice available at any bookstore – we even try to post some helpful problem-solving tips for HOAs here (link to peaceful HOA blog here). Regardless of where you look, know that there are resources available within and without the community management industry, and it’s always better to bring in help when it’s needed.

by /HOA Board Meetings, Rights and Responsibilities, Uncategorized
HOA Board Elections

When HOA Board Elections Send You Running for Cover

Sometimes we glamorize rogues, from James Dean’s iconic 1950s turn in “Rebel Without a Cause” to Judas Priest’s 1980s metal anthem, “Breaking the Law.” But throwing caution to the wind – and rules out the window – is something better left to the entertainment industry.

In a homeowners association, especially something as potentially complicated and contentious as an HOA board election, following a clear-cut set of rules is the very thing that can save your sanity!

 

Why? Elections are important – they’re an annual event that helps decide who gets the responsibility for managing an HOA’s major financial matters and property maintenance issues. As a board, not following the rules could lead to serious problems, from minor misunderstandings with a homeowner to major infractions like inappropriately levied fines and misplaced decision-making power. The potential for those problems because even bigger, and the stakes higher, during an election process. One of the best ways to keep your election process on the straight and narrow – and you from running for cover – is to review your board’s rules and bylaws, and your state’s laws, well in advance of the election. Pay special attention to areas including:

  • Communicating with homeowners. Refresh yourself on what you’re required to communicate, and then go over and above. Make it your mission to get your residents details (Bulletin boards! E-mail! Notes on the door!) surrounding the election, including all important dates, information about each candidate, and any important issues to be discussed.
  • Counting votes. This area can be tricky if you’re not careful. Depending on the size of the community, or even your state, you may actually be required to have an outside vendor tabulate your votes. It’s also important to understand the process for voting by proxy.
  • Righting wrongs. If, in your review of the HOA and board election guidelines, you find you’ve been doing something wrong, it’s your responsibility to make it right. Correct course, and let the appropriate parties know what’s being done to keep it from happening again.

So before you book that ticket abroad, spend a little time individually (and as a board) reviewing the rules. It just might make for a productive election that you’re proud to be part of.

by /Beginners Guide for Rookie Board Members, HOA Board Meetings, Rights and Responsibilities
Disgruntled Homeowners Made Me A Better HOA Board Member

The 3 Most Effective Tools for Peaceful HOA Relationships

Sometimes HOA meetings can feel more like a verbal boxing match than a meeting of like minds…..

But peaceful relationships and meetings – even with difficult people – are possible. With the right tools, you can navigate the waters of those oftentimes tricky situations and relationships.

What are the most effective tools for peaceful HOA Relationships? They are already at your disposal: 

  • Focus on the positive – and the productive.

It’s often easy for us to remember the negatives rather than the good stuff. (People can be perfectly kind to you all day, and one rude comment from, say, the person in line in front of you at the bank can sour an afternoon.) Odds are that the vast majority of your homeowners association members are friendly and reasonable – or, at the very least, non-combative. Remember to focus on those folks who offer support and helpful solutions. Remember, too, not to dwell on the contentious meetings, but the productive ones in which progress and community-building happen.

  • Welcome constructive conflict.

We’ve talked in a previous post about the many ways that conflict can be constructive and beneficial for homeowners and board members alike. One of them is that healthy conflict can lead to new ideas and greater progress within your association and prevent an “echo chamber” mentality. Remember that most of the time, a person’s disagreement with you is likely not with you as a person – and that his or her input should be valued as a fellow homeowner. (Of course, your HOA board should never tolerate name-calling, obscenities, or aggression, so if a person goes that route, the board should make it clear such behavior is unacceptable and won’t be tolerated.)

  • Listen first, ask questions later:

Stephen R. Covey, bestselling author of The 7 Habits of Highly Effective People, said, “Most people do not listen with the intent to understand; they listen with the intent to reply.” It’s uncomfortable but true – how many times have you been confronted by someone at a board meeting (or at home, work, etc.) and been formulating a response in your mind before the other person is finished speaking? In order to show someone that you’re interested in his or her point of view – even if you disagree, and even if that person is being rude – listen first. giving them your undivided attention. You can follow-up with questions and counterpoints after you’ve show them the respect of truly listening.

by /Beginners Guide for Rookie Board Members, Building Community, HOA Board Meetings, Rights and Responsibilities
Preventing HOA Fraud and Theft

The 3 Best (and Free!) HOA Board Meeting Agenda Templates

There may be a million things you’d like to change about your HOA board meetings, but there’s one easy thing you could do today to maximize their efficiency and productivity.

And it doesn’t cost a penny.

It may not be glamorous, but one of the best ways to keep things focused and forward-moving is to follow a meeting agenda. If you don’t already have an agenda, you should start using one. If you do have one and the style isn’t working for you – maybe you’ve never understood the reason it’s laid out the way it is – there is a lot of guidance available online, as well as a plethora of free templates for you to try. (Keep in mind, some states regulate the contents of the agenda. Arizona law requires that any “open agenda” section must detail which subjects will be discussed and voted on, so be as specific as you can be in that area.) That being said, there are different styles and different templates that might fit you and your board well – and many of them are absolutely free. Here are three of the easiest-to-adopt templates:

 

The Basic HOA Board Agenda Template

This template, found at Wikihow, is nothing fancy – but it will run you through the basics like attendees, objectives, and schedules. It’s clear, concise, and can help you outline your overall goal while sticking to a schedule. Wikihow is also a good resource for more background on how to create your own agenda.

 

The Detailed HOA Board Agenda Template

If you’d prefer a more formal approach, Roman numerals and all, this detailed template from HOASupport.com may be perfect for you. It’s only one page, but there is a lot of ground covered, and issues are broken down into several bullet points. This website also features a host of other forms and templates that could be helpful for your board.

 

The Learn-as-You-Go HOA Board Agenda Template

Maybe you’d like more than a fill-in-the blank template – maybe you’d like a little background and instruction as you go, but you still want a fairly simple and approachable outline. If so, this sample board agenda from Davis-Stirling may be for you.

 

Whichever style you decide on, know that having an agenda that works for you and your board could save you more than a little time and hassle! Which do you prefer for your HOA?

by /Beginners Guide for Rookie Board Members, HOA Board Meetings, Rights and Responsibilities
Apologizing in an HOA Meeting

The Act of Apologizing (in the HOA Board)

We already know what you are thinking. The “act of apologizing” is a redundant topic and you have read numerous posts on wellness sites from some of the most renowned gurus out there…

 

….But now let’s apply this to real life: You are a board member of an HOA – one of the most “thankless” jobs out there.

 

HOA meetings can be intimidating. Even the most reasonable homeowner or board member can have a bad day or a strong (sometimes unpopular or misunderstood) opinion. Let’s make an example with meetings including special assessments on the agenda. This board worked hard on collecting the special assessment information. They researched, met with vendors, and compiled all relevant information into a concise letter explaining why the assessment was necessary. The letter is sent to every homeowner, with the date of the meeting listed.
A group of homeowners show up to the meeting and are visibly upset that a special assessment was even being considered. To their memory, the reserve account had more than enough money to use for the project!!
The board, understandably, gets frustrated. Not only did they work proactively to provide facts to the homeowners, but even more importantly, reserve funds could not lawfully be used for the project (which was clearly stated).

 

Sound Familiar? Have you been in this HOA Board meeting before?

 

Quickly the meeting escalates, the tone changes, voices raise, and the homeowners leave angry. After the meeting, and a few one-on-one conversations later, it becomes evident that the homeowners had read the letter, but some of the terms, such as “reserve account” and “special assessment,” and the rules surrounding them were not defined clearly enough for them.

 

This is when the HOA board needs to carefully practice the art of apologizing. Don’t attack, or instigate, or get revenge. Get the “told-you-so” attitude far, far away from your mind.

 

Why? Because one disgruntled homeowner can cast a negative light on the HOA board for the whole community.

 

Apologize for the confusion and not explaining the situation more clearly. Offer some education about the rules and terms to your homeowners maybe don’t understand. Be the leader in these scenarios. Choose a helpful form of communication: be resourceful to your homeowners and apologize.

 

Giving your homeowners the tools to learn, coupled with a positive attitude, will create an environment that illustrates your board is there to educate, inform, and provide a forum for the community to make decisions.
You may never be able to please everyone. But you can start establishing a reputation of an HOA board that at least tries to.

 

Please leave us some comments about this blog post!

 

by /HOA Board Meetings
Handling Pets in The HOA

What is "Reasonable Accommodation" for a Pet?

The Homeowners Association Rules say NO Pets!

 

Your board may be faced with a request to accommodate an animal for a community member living in an HOA with a no pet policy. An obvious allowance would include seeing eye dogs for the visually impaired. However it is becoming more and more common for animals to be requested for psychological disabilities. 

Cases involving HOA pet restrictions in these circumstances are on the rise, and your board needs to do it’s due diligence when evaluating the accommodation request. A request for a “reasonable accommodation” is protected by the Fair Housing Act (this is separate from the ADA’s requirements for a “service animal”). This request is an alteration to or variance of the association’ covenants, rules, and policies to provide the disabled equal use and enjoyment of his/her home. Therefore, it is strongly suggested your board open a clear and positive dialogue with the requesting resident. Gain as much knowledge as you can about the request. This allows for the board to make an informed decision, avoid being quick to set precedents, and puts the board in a positive light should legal action be taken.

To comply with the pet accommodation request the association may do the following:

1. Require the resident to provide proof of the claimed handicap from a physician (however the physician does not have to disclose the details or provide medical history)

2. Require a physicians statement that the animal is necessary for the residents handicap/illness

3. Require the resident to follow a clear policy for clean-up of animal waste, leash requirements, etc.

Thank you Mulcahy Law Firm for contributing to this article!

by /Dealing With Pets in the HOA
Tips for the Homeowners Association President

5 Tips for the Homeowners Association President

What are the most important things your HOA Board President should know?

1) Understand the role: The role of the HOA President is one of leadership and guidance. It is the responsibility of the President to guide the board towards reaching decisions within provisions of the governing documents. The HOA documents are the tools that will give the President direction.

2) Lead by example: The HOA President is the one who sets the tone and provides a good example to the board and association members when it comes to following association rules and documents. A president not only has to hold him/herself accountable, but also the board and association members.

3) Understand the duties: The president of the association is vested with all powers that generally are given to the CEO of a corporation. While specific by-law provisions may vary from one HOA to another, it is generally presumed that the HOA President will preside at ALL meetings, execute contracts, orders and other documents in the name of the association. These are some of the duties that have to be executed by the president, in addition to setting the example of leadership.

4) Delegate: This is perfectly acceptable as the HOA President. Working together with the board to accomplish goals may require delegating tasks to those best suited to complete them.

5) Use professionals when necessary: Let’s face it, we’re not all perfect and all-knowing. Being resourceful and acknowledging that you are outside of your area of expertise is acceptable in a leadership role. Know when and where you may need to hire professionals for guidance or counsel (see our blog titled Three Ways For HOA’s To Seek Legal Advice).

Thank you to Mulcahy Law Firm for contribution to this article!

by /Beginners Guide for Rookie Board Members, HOA Board Meetings, HOA Directory and Officer Liability, Rights and Responsibilities
Non Monetary Claims Against HOA's

A Non-Monetary Claim against my HOA? Say what?!

What you may not know (or want to hear) about non-monetary claims against HOA’s

In our ongoing series about Director and Liability Insurance, we have covered the importance of ensuring your HOA board has the correct policy (not just an endorsement), the difference between endorsements and policies, and discrimination lawsuits (one of the most common lawsuits facing HOA’s today).

 

The second most common lawsuit is a non-monetary claim, which are quite confusing….

Let’s set up the scenario: You live in a property that has a pond, surrounded by large, mature palm trees. The community overlooks the pond and trees, but the HOA board decides to remove some trees. The homeowners surrounding the pond can not put a price on those trees removed, but the removal of such trees potentially just lost them some real estate value. The owner can’t exactly put a price on the trees now, or in the future, because he feels the aesthetics of the community have been ruined.
This is a non-monetary claim against the HOA.The plaintiffs in this case file a claim that does not have a monetary value to it. D&O Liability packages need coverage that have a built-in exclusion to deny these types of claims.
This again leads us back to why D&O liability coverage is so important, and making sure your HOA has an inclusive package, as opposed to an endorsement. It will save your board money and headaches.
Think about this: When a lawsuit hits the desk of the HOA board, they have to defend themselves. If you don’t have appropriate D&O coverage, you may be pulling out the checkbook to pay the attorney retainer for thousands of dollars, as opposed to having the correct coverage for significantly less.
by /HOA Directory and Officer Liability, Rights and Responsibilities
HOA Management Homeowner Rights Planned Development Services

Your Rights as a Homeowner in an HOA

What are my rights?

As a homeowner in an HOA, you have certain rights including:
  • A responsive and competent community association
  • Honest, fair, and respectful treatment by community leaders and managers
  • The right to serve on committees, run for election, and attend all board meetings
  • Access appropriate association records
  • Prudent financial management of fees and other assessments
  • Fair treatment regarding association obligations, such as the opportunity to discuss payment plans and options before the association takes legal action, and the right to appeal decisions
  • Receive all rules and regulations governing the community association before purchase and settlement or upon joining the community
For more information about your rights as a homeowner in a PDS Homeowners Association, please contact us! We are always here to help in a moments notice. The Community Association Institute is also a great resource. CAI focuses on educating community managers and association management companies, however they have valuable FREE resources for homeowners as well!
by /Rights and Responsibilities