Help New Board Member Transition into Role
When a board member gives up her position, your association will have the sometimes difficult task of replacing the outgoing member. But the challenging part of replacing a member comes after the new member is found and elected to the board. That’s because, depending upon the new member’s experience with your association, or associations generally, there may be a lot of information for him to quickly get up to speed on—especially if big decisions are in the process of being made.
Failure to Read Covenant Not an Excuse for Shirking Assessments
Facts: A homeowners association alleged that a homeowner breached the covenant to pay assessments for common area maintenance and other services necessary to operate the community. He had unpaid dues totaling over $15,000. The homeowner contested the reasonableness of the charges. The association asked a trial court for a judgment in its favor without a trial.
Decision: A Pennsylvania trial court ruled in favor of the association.
Reevaluate Home Business Ban to Foster Community’s Marketability
Telecommuting has become commonplace in many industries, with workers being encouraged to work from locations other than their company’s office. Small business owners might try to save money initially by finding a solution to running their operation other than leasing commercial space that locks them into a lease and rent. And parents of young children sometimes decide to watch other children to bring in additional income. Seemingly diverse types of workers often have one thing in common: Their homes must sometimes double as work space.
Boost Security Without Increasing Liability for Security Camera System
One of the major draws of living in a planned community is increased security. An association has the power to hire and direct security personnel, and you and your staff can keep an eye on the community and deal with any suspicious behavior. But not all communities are gated, with a perimeter that naturally makes it more challenging for criminals to cross. Some homes are spread throughout a large community, with common areas scattered throughout the area. One look at the news shows that, unfortunately, crime happens everywhere.
Getting Condo Building LEED Certified
Q: I manage a condominium building that is out of date environmentally. We recently implemented a recycling program that has been successful and members have asked about other green initiatives that we can take. I’d like to push for the building to become LEED certified. Is it possible to bring older condominiums up to date environmentally? And what should I say to the board to explain LEED and convince them that it’s a good idea?
Homeowners’ Disapproval of Election Doesn’t Invalidate Results
Facts: Two homeowners in a planned community complained about the election and qualifications of the people elected to the board of the association. They became concerned when the developer of the community, in accordance with the bylaws of the association, turned over certain common areas of real property to the association. The bylaws required that members of the association board resign and a new election be held by members of the association after that happened. However, that was not done.
Feds Halt HOA Foreclosure Fraud Scheme
A homeowners association foreclosure home-buying scheme has come to an end, after a nearly three-year investigation. Federal authorities seized gold, cash, and other property from a Raleigh, N.C., man accused of fraudulently scooping up homes in foreclosure. He was charged with multiple counts of bank fraud and engaging in monetary transactions involving criminally derived property, among other crimes.
Using Drones to Streamline Management Strategy
It seems as if drones—unmanned aerial vehicles without a human pilot aboard—have been increasingly in the news for their use by the military, commercial businesses, and private recreational users. The use of drones in combat has long been talked about, the retail giant Amazon has launched a new service that uses drones to deliver packages, and drones are common at parks and open spaces.
Employee Status Could Determine HOA Liability
Q: I manage a community association through a property management company. The association itself has some employees—namely, a superintendent for repairs—but I am the person who controls his workload. The employee had an accident on the property and filed a workers’ compensation claim. He’s also trying to sue the association and the management company for a second recovery. I was under the impression that there couldn’t be a double recovery for an injury in this type of case.
Missing Money Could Lead to HOA Court Case
Homeowners in an Alabama community claim they've been paying hundreds of dollars every year but have no idea where the money is going because there are no meetings, no detailed budgets, and no communication from their association. They are blaming the developer.
The head executive of the developer and his daughter sit on the board of directors, which comports with laws governing associations in that area; however, homeowners haven’t spoken with him in a decade. Meanwhile, the board collects about $60,000 in dues annually.