We’ve discussed in the past that the Fair Housing Act differs from the Americans With Disabilities Act (“ADA”), in that the ADA, with certain exceptions, typically does not apply to homeowners associations, which the Fair Housing Act often does. We’ve also discussed that the U.S. Department of Justice has published a fact sheet describing changes to the ADA rules relating to service animals. Those rules essentially said that a service animal was a dog that had been individually trained to do work or perform tasks for the benefit of an individual with a disability, and excluded emotional support animals.

Without going into detail on what the notice provides, as you are able to read it for yourself, the notice does provide some guidance in the procedures to be followed, and questions to be answered in determining whether a reasonable accommodation must be provided. It also discusses whether, in a given case, a particular request can be denied because (1) a particular assistance animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or because (2) the particular assistance animal would cause substantial physical damage to others’ property that cannot be reduced or eliminated by another reasonable accommodation.

All in all, the notice is fairly instructive, but does not really vary from what most practitioners have been saying all along - laws, rules, policies and practices must be modified to permit the use of an assistance animal as a reasonable accommodation in housing when its use may be necessary to afford a person with a disability an equal opportunity to use and enjoy their residence and the common areas.

□ Revise architectural guidelines to remove requirements that owners install turf grass. SB 183, which was signed into law today by Governor Hickenlooper, takes effect immediately and applies to all new landscaping and replacement or redesign of existing landscaping. With water restrictions in effect along the Front Range, associations should prepare to receive landscaping plans that eliminate turf grass. The Denver Botanic Gardens and Colorado State University's Extension Services offer classes and resources on xeriscaping.

□ Adopt a policy concerning the installation of electric vehicle charging stations. SB 126 also takes effect immediately and applies most directly to townhomes and condominium associations.

□ Revise the association's collection policy to comply with the requirements of HB 1276. This law does not take effect until January 1, 2014, but it's not too soon to incorporate a six-month payment plan option for owners, the required board authorization for each individual foreclosure, and the other statutory mandates into your association's policy.

□ Register with the Division of Real Estate's HOA Information Office and Resource Center. HB 1134, which takes effect August 7, 2013, extends the registration requirement to common interest communities formed before July 1, 1992. If your association is already registered, then check this one off the list!

Well, here is an example of what could happen if your community doesn’t take seriously the responsibility to provide records to its members when they request them.

Whether the Association had something to hide is certainly a question for pondering. The Illinois Supreme Court ruled that the ordinance was valid. The court goes into an extensive discussion about the authority of a home rule city to adopt its own ordinances that may be more restrictive than state statutes – all of which is not particularly relevant to this blog post. However, what is relevant is that, once the court determined that the ordinance was valid, it also awarded attorneys’ fees as provided for in the city’s ordinance. Anecdotally, I read that the attorneys’ fee award may have exceeded $1 million dollars (at $300 per hour) – that is a lot of money for failure to provide records, or take the gamble that a specific legal provision may not apply to the association!

So before too much more time passes, make sure that your association has adopted a proper records inspection policy that defines what records are (as defined in Colorado) and when you need to provide them to members, and under what conditions. Then, the next time your association has a records inspection request, make sure to follow your policy, and think hard about whether you have a legitimate reason to withhold records.

HOA Reform Bills Cross the Legislative Finish Line With Little Time to Spare

It is an understatement to say that the 2013 legislative session has been a busy one for CAI’s Colorado Legislative Action Committee (CLAC)! As you know, key legislators introduced a package of bills they called the HOA Reform Package which was aimed at providing consumer protections for owners and residents in HOAs. While CLAC did not author the bills, we were extremely involved in working the legislation in an effort to seek a balance between the rights of individual homeowners with their associations as a whole. While some folks have said that we just should have killed some of the bills, given the make-up of the legislature, we knew this was an impossible task and ultimately wouldn’t serve anyone well. As a result, we rolled up our sleeves and got to work. We are pleased with the results of our work with key legislators and ultimately ended up coming out in support of the following four pieces of legislation. 

Expansion of Regulatory Authority

House Bill 1134 (HB 1134) as originally introduced broadly expanded the powers of the HOA Information Officer and the HOA Information and Resource Center which are both housed within the Colorado Division of Real Estate. During the legislative process, the bill was completely overhauled. In addition to requiring all HOAs (including pre-CCIOA communities) to register and simplifying the registration requirements, the bill requires the Division of Real Estate to conduct a study which will assess options, costs and the need for the Division of Real Estate to:

·         offer to mediate HOA complaints;

·         mandate the mediation of complaints;

·         refer disputes to alternative dispute resolution services;

·         provide owners with an expedited and inexpensive administrative hearing process specific to HOA disputes;

·         monitor and review HOA procedures and election-related disputes;

·         report alleged election-related misconduct to the Director of the Division of Real Estate;

·         when requested, appoint an election monitor to conduct HOA elections;

·         provide regulatory oversight over declarant-controlled boards to ensure they are complying with their fiduciary duty to the association and comply with the requirements in CCIOA relating to transition; and

·         provide regulatory oversight to protect executive boards, directors, homeowners and residents from threats or defamatory conduct arising in HOA matters.

This study must be completed by December 31, 2013, and we expect it will result in legislation next year to further regulate HOAs.

Expectations for HB 1134: Like the other HOA bills, HB 1134 has made it through the legislative process and soon will be sent to Governor Hickenlooper who we expect to sign the bill into law. HB 1134 will go into effect on August 7, 2013.

HOA Debt Collection Bill

Near the end of the legislative session, House Bill 1276 (HB 1276) also made it through the legislative process with bipartisan support. Here are highlights of the bill: 

Collection Policy

HB 1276 requires that the Collection Policy which all HOAs are required to have under CCIOA must include at a minimum: 

·         The date on which assessments must be paid to the association and when an assessment is considered past due;

·         Any late fees and interest the association is entitled to charge on a delinquent account;

·         Any returned-check charges the association is entitled to charge;

·         The circumstances under which a delinquent owner is entitled to enter into a payment plan and the minimum terms of the payment plan; and

·         Before the association turns over a delinquent account to an attorney or collections agency, the association must send the delinquent owner a written notice specifying:

o        The total amount of the arrearage, with an accounting of how the total arrearage is determined;

o        Whether the opportunity to enter into a payment plan exists and instructions for contacting the association to enter into the payment plan;

o        The name and contact information for the individual the owner may contact to request a copy of the owner’s ledger to verify the amount of the debt; and

o        That action is required to cure the delinquency and failure to do so within 30 days may result in the account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the owner’s property and other remedies available under Colorado law. 

Note: Third-party purchasers of an association’s debt or lien must also adopt this Collection Policy and comply with the terms of it prior to taking action to foreclose on the lien or collect on the debt.

Foreclosure

An association, or the assignee of the association’s lien, may only proceed to foreclosure if the total amount secured by the lien would equal or exceed 6 months of assessments. Also, the board of an association must vote to proceed with foreclosure on any given delinquent account. Boards are not permitted to delegate their responsibility to authorize a foreclosure action to an attorney, insurer, manager or any other person. 

Payment Plan

Delinquent owners have a one-shot opportunity at a payment plan to bring their delinquent account current. The payment plan must be for a minimum of six months but can be longer if the association so wishes. The delinquent owner must make the scheduled payment as required by their payment plan and pay their current month assessment obligations. If they fail to make these payments, the association may immediately proceed with collections. 

This one-time opportunity to enter into a payment plan does not extend to lenders who take title to the property as a result of a default on a mortgage or flippers.

Note: Third-party purchasers of an association’s debt must also comply with the payment plan provisions.

Expectations for HB 1276: HB 1276 has made it through the legislative process and soon will be sent to Governor Hickenlooper who we expect to sign the bill into law. HB 1276 will go into effect on January 1, 2014.

Manager & Management Company Executive Licensure

House Bill 1277 (HB 1277), which would require the licensure of community association managers and management company executives, just made it through the legislative process yesterday and will soon be sent to the Governor’s desk. This 28 page bill went through significant amendments during the legislative process and is impossible to completely summarize in this email communication. However, here are some highlights of HB 1277: 

Beginning on July 1, 2015, community association managers, management company CEOs and executives of management companies who directly supervise managers will be required to be licensed in Colorado. 

To obtain a license, these individuals must hold one or more of the following credentials: (1) the Certified Manager of Community Associations (CMCA) certification awarded by the National Board of Certification for Community Association Managers; (2) the Association Management Specialist (AMS) designation awarded by Community Associations Institute; (3) the Professional Community Association Manager (PCAM) designation awarded by Community Associations Institute or (4) any other credential identified by the Director of the Division of Real Estate.

In addition to holding one or more of the credentials outlined above, the manager must take a course and pass an examination relating to Colorado law and the governing documents of associations.

Prior to obtaining their license, the managers must pass a criminal background check. In addition, licensed managers may be subject to discipline by the Division of Real Estate for a variety of offenses. Depending upon the severity of the offense, the discipline may include: (1) an administrative fine not to exceed $2,500; (2) censure of a licensee; (3) place the licensee on probation and set the terms of probation; (4) temporarily suspend a license; or (5) revoke a license.

Expectations for HB 1277: HB 1277 will soon be sent to Governor Hickenlooper who we expect to sign the bill into law. HB 1277 will go into effect on January 1, 2015. However, managers and management company executives will not be required to hold a license until July 1, 2015. In the meantime, this bill will go through significant rulemaking with the Colorado Division of Real Estate. CLAC will be requesting input from members on proposed rules and will provide important updates during this process.

Xeriscaping Bill

Senate Bill 183 (SB 183) was introduced to address the severe drought conditions in Colorado and to ensure that HOAs are not unnecessarily requiring homeowners to install water-guzzling turf grass as part of their landscapes. SB 183 has made it through the legislative process and is expected to be signed into law any day now by Governor Hickenlooper and will immediately go into effect. Here are some highlights of the bill:  

·         For the installation of new landscapes or when receiving requests to modify existing landscapes, associations cannot require that any turf grass must be installed in the landscape. 

·         Turf grass is defined as “continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions which, when regularly mowed, form a dense growth of leaf blades and roots.

·         If owners ask their associations for permission to install turf grass, associations can permit the installation. Associations just cannot require the installation of any turf grass in a landscape. 

·         In enforcing covenants, associations are not permitted to require owners to water their landscapes in violation of water use restrictions. However, associations may require proof from owners that they are watering their landscape or vegetation in a manner that is consistent with the maximum water permitted by the watering restrictions which are in place. 

·         Associations are permitted to adopt and enforce design or aesthetic guidelines that: (1) require the installation of drought-tolerant vegetative landscapes; (2) regulate the type, number and placement of drought-tolerant plantings; and (3) regulate the hardscapes which an owner may install. 

Once all of these bills are signed into law, CLAC will be writing comprehensive articles on each of the bills and will provide you with guidance on what you need to do to comply with them. We will also be scheduling legislative update classes to discuss the legislation. Please keep your eye on your Chapter’s newsletter for important updates and information.

CAI's Colorado Legislative Action Committee (CLAC) will be putting out a communication to CAI members today on this and the other bills which were a part of the HOA Reform Package.  As soon as that communication has been sent, I will post it on this blog.

The Senate took up the bill on 3rd reading this morning and approved another clean-up amendment which would exclude low level drug offenses from disqualifying an applicant for licensure.  HB 1277 was then passed on 3rd reading on a 20 to 15 party line vote.  The bill will now be sent to the House for concurrence with Senate amendments which we expect will happen on a party line vote and then be sent to Governor Hickenlooper to be signed into law.

Stay tuned for more information on HB 1277 as it proceeds through the final days of the 2013 legislative session which is set to adjourn on Wednesday.  On a final note, since the session is moving fast, the bill with amendments has not yet been posted on the website for the Colorado General Assembly.  We will link to the amended bill as soon as it is posted. 

The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology

While SB13-126 grants owners permission to pursue the installation of electric vehicle charging stations, the law does not require associations to incur expenses related to the installation or use of these stations. Some properties may require upgrades to electrical wiring and disruption to common areas as part of the installation work for a charging station. Associations can and should address these issues through policies and agreements with owners who are seeking permission to install charging stations.

As part of their policies concerning electric vehicle charging stations, associations can require the following:

• Adherence to bona fide safety requirements
• Registration of the charging station with the association within thirty days of installation
• Compliance with the association’s governing documents, reasonable aesthetic provisions concerning dimensions, placement and external appearance, and design specifications
• That the owner engage the services of a licensed and registered electrical contractor familiar with the installation and code requirements for electric vehicle charging stations
• Proof of insurance or payment of the association’s increased insurance premium costs related to the charging station
• Removal of the system if necessary to maintain the common elements

Because the law goes into effect immediately, associations should consider adopting policies now so that procedures are in place before owners submit architectural requests for charging stations. A number of industry professionals testified at committee hearings as SB13-126 moved through the legislative process and are available to assist associations and owners with designing solutions that fit the unique aspects of their properties.

If your association needs help with a policy, or seeks professional assistance on installation options on site, contact one of our attorneys for information and resources.

Instead of proceeding with the broad expansion of power for the HOA Information Officer and HOA Information and Resource Center, the bill was overhauled to study the HOA regulatory models in Nevada, Virginia and Florida. In particular, the study will assess options, costs and the need for the Division of Real Estate to:

● offer to mediate HOA complaints;

● mandate the mediation of complaints;

● refer disputes to alternative dispute resolution services;

● provide owners with an expedited and inexpensive administrative hearing process specific to HOA disputes;

● monitor and review HOA procedures and election-related disputes;

● report alleged election-related misconduct to the Director of the Division of Real Estate;

● when requested, appoint an election monitor to conduct HOA elections;

● provide regulatory oversight over declarant-controlled boards to ensure they are complying with their fiduciary duty to the association and comply with the requirements in CCIOA relating to transition; and

● provide regulatory oversight to protect executive boards, directors, homeowners and residents from threats or defamatory conduct arising in HOA matters.

Keep your eye on this blog for further updates on HB 1134!

Here are highlights of HB 1276: 

HB 1276 requires HOAs to have a Collection Policy which must include at a minimum: 

● The date on which assessments must be paid to the association and when an assessment is considered past due;

● Any late fees and interest the association is entitled to charge on a delinquent account;

● Any returned-check charges the association is entitled to charge;

● The circumstances under which a delinquent owner is entitled to enter into a payment plan and the minimum terms of the payment plan;

● Before the association turns over a delinquent account to an attorney or collections agency, the association must send the delinquent owner a written notice specifying:

            ○ The total amount of the arrearage, with an accounting of how the total arrearage was determined;

            ○ Whether the opportunity to enter into a payment plan exists and instructions for contacting the association to enter into the payment plan;

            ○ The name and contact information for the individual the owner may contact to request a copy of the owner’s ledger to verify the amount of the debt; and

            ○That action is required to cure the delinquency and failure to do so within 30 days may result in the account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the owner’s property and other remedies available under Colorado law. 

Note: 3^rd party purchasers of an association’s debt or lien must also adopt this Collection Policy and comply with the terms of it prior to taking action to foreclose on the lien or collect on the debt.

Foreclosure

An association, or the holder or assignee of the association’s lien, may only proceed to foreclosure if the total amount secured by the lien would equal or exceed 6 months of assessments. Also, the board of an association must vote to proceed with foreclosure on any given delinquent account. Boards are not permitted to delegate this responsibility to authorize a foreclosure action to an attorney, insurer, manager or any other person. 

Payment Plan

Delinquent owners have a one-shot opportunity at a payment plan to bring their delinquent account current. The payment plan must be for a minimum of six months, but can be longer if the association so wishes. The delinquent owner must make the scheduled payment as required by their payment plan and pay their current month assessment obligations. If they fail to make these payments, the association may immediately proceed with collections. 

This one-time opportunity to enter into a payment plan does not extend to lenders who take title to the property as a result of a default on the mortgage or flippers.

Note: 3^rd party purchasers of an association’s debt must also comply with the payment plan provisions.

As always, stay tuned to this blog for the latest new on HB 1276 and other bills impacting HOAs!

In Colorado and under the Federal Fair Housing Act, it is unlawful to refuse to make reasonable accommodations in rules, policies, practices or services when the accommodation may be necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling unit, including public and common areas. This applies as well to enforcement of restrictive covenants

Animals used by persons with disabilities are commonly referred to as assistance animals, service animals, companion animals or support animals. These may include animals that provide emotional support for persons with mental disabilities or whose disabilities result in chronic pain. Some courts have provided a fairly liberal interpretation of assistance animals as reasonable accommodations. In one case, in refuting the housing provider’s contention that an assistance animal was nothing more than a house pet, the court held that service animals need only be (1) individually trained, and (2) work for the benefit of a disabled individual.

In an administrative law decision determined by the Department of Housing and Urban Development, it was determined that a disabled person’s cat provided pain therapy for symptoms of fibromyalgia and relieved emotional distress associated with pain from fibromyalgia, and therefore, the disabled person had made a prima facie showing of need for exemption from the no-pet rule and being allowed to keep his cat in his apartment. In another administrative law decision, it was determined that permitting a disabled person suffering from depression to keep her dog was a reasonable accommodation, even though the dog had no special training. The HUD decision determined that a dog provided comfort to the person in a way that interaction with other people did not.

However, the federal district court in Hawaii took a more restrictive approach with respect to the qualifications of service animals. Although it recognized that in certain circumstances, service animals may be necessary accommodations, the court stated “The term ‘service animal’ is not defined by the FHA or the accompanying regulations, but it is understood for purposes of the Americans with Disabilities Act of 1990 (“ADA”) to include any guide dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability . . . Plainly, most animals are not equipped to do work or perform tasks for the benefit of an individual with a disability. There must instead be something - evidence of individual training - to set the service animal apart from the ordinary pet.” In arriving at the determination that the dog was not a qualified service animal, the court noted:

Plaintiffs’ counsel suggested canines (as a species) posses the ability to give unconditional love, which simply makes people feel better.  Although this may well be true, counsel’s reasoning permits no identifiable stopping point:  every person with a handicap or illness that caused or brought about feelings of depression, anxiety or low self esteem would be entitled to the dog of their choice, without regard to individual training or ability.  And if certain people liked cats, fish, reptiles or birds better than dogs, there would be no logical reason to deny an accommodation for these animals. The test would devolve from ‘individually trained to do work or perform tasks’ to ‘of some comfort.’  The FHA - a sweeping enactment - is not quite so broad. Certainly, ‘some type of training is necessary to transform a pet into a service animal.’

Nevertheless, even in cases where the courts have held that an animal must have certain training or qualifications to be a service animal, there is a recognition that a minimal amount of training is sufficient, and even that training need not be specific to the particular disability.

As with any Fair Housing issue, it is important that the community association properly address the need for accommodation relating to the community’s no-pets policy or restriction. If your community has received an accommodation request, you should immediately contact your attorney to discuss the proper way to address the request. Failure to properly handle it can lead to serious consequences, including penalties, attorney fee awards, and sometimes, fair housing training for offending boards and management companies.

 All Colorado community associations are required by the Colorado Common Interest Ownership Act ("CCIOA") to adopt responsible governance policies governing issues including a policy regarding enforcement of covenants and rules and the imposition of fines. Before an Association can assess a fine to a homeowner’s account, there are certain procedures an Association must follow. Click here for more on this topic.

 The Association has received a judgment against a homeowner, now what?

The most common methods of collecting a judgment include requesting a garnishment of a homeowner’s wages (‘continuing writ of garnishment’) or funds being held in their bank/brokerage account(s) (‘bank writ’). The Association may also want to consider a receivership or foreclosure as an option to collect the outstanding debt. Click here for more on this topic.

 What is a lien?

A lien is a security interest, or encumbrance, over some type of property to secure the payment of a debt or some other obligation.  Homeowner Association liens in Colorado are statutory liens that attach to the real property and can include assessments, fees, charges, fines, interest, late fees, and attorneys’ fees and costs permitted by the Association’s governing documents.  Click here for more on this topic.

What is the difference between a lien and a personal obligation?

When a homeowner files for bankruptcy, the personal obligation is the amount that can be collected from the homeowner personally. This is generally the amount that has come due after the filing of the bankruptcy. The lien (the entire balance), however, typically survives the bankruptcy and attaches to the property and can be collected upon the sale or refinance of the property or by foreclosing against the homeowner. Click here for more on this topic.

A homeowner has filed for bankruptcy, now what?

When an Association receives notification of a bankruptcy filing by a homeowner, the Association should notify its attorney immediately and cease communications with the homeowner. Click here for more on this topic.

What is a "super lien"?

Colorado law provides that an Association is entitled to a super-priority lien “super lien” for assessments which would have come due during the six months immediately preceding the filing of a foreclosure action by an Association, or a party holding the first Deed of Trust. Click here for more on this topic.

The property has been foreclosed upon by the bank, now what?

Once a property is sold at foreclosure sale, an Association typically has eight business days following the sale to also exercise its redemption rights. What are these redemption rights? Simply put, they allow the Association because of its lien to take title to the foreclosed property (away from the successful bidder at the sale) for the amount of the sales price at the foreclosure auction plus interest and other expenses. Click here for more on this topic.

The Association has opted to foreclose on the property, now what?

So your Association has filed a foreclosure lawsuit against a delinquent homeowner and obtained authorization from the court to conduct a foreclosure sale. Now, what happens next? Click here for more on this topic.

The Association has foreclosed upon the property and taken title, now what?

It is not uncommon for an Association to take title to a property through its foreclosure sale. This is especially likely to occur if the property has a first Deed of Trust (mortgage) and/or tax liens which exceed the market value of the foreclosed property.  So what should an association do once it takes title to a foreclosed property? Click here for more on this topic.

For more commonly asked questions and answers, click here!

HB 1134, which is being sponsored in the Senate by Senate Majority Leader Morgan Carroll, was approved by the Committee on a 3 to 2 vote and was sent to the full Senate with a favorable recommendation.  The bill requires the Colorado Division of Real Estate to study the need for regulating HOAs in Colorado.  The bill also requires pre-CCIOA communities to register with the Division and simplifies the registration process for all HOAs.  HB 1134 is expected to be approved by the full Senate on a party line vote and to ultimately be signed into law by Governor Hickenlooper.

HB 1276, which is being sponsored in the Senate by Senator David Balmer and Senator Majority Leader Carroll, was approved by the Committee on a 5 to 0 vote and was also sent to the full Senate with a favorable recommendation.  Prior to an HOA sending a delinquent account for action to legal counsel, a collection agency or to sell the debt to a 3rd party, the Association must first provide the delinquent owner with a one-time opportunity to enter into a payment plan for a minimum of six months.  If the owner defaults on the payment plan or fails to make their current month assessment payment, the association is permitted to proceed with collections.  In addition, the bill prohibits HOAs and parties who purchase the lien of an association to proceed to foreclosure unless the lien secures what would equal at least six months of past due assessments.  HB 1276 is also expected to be approved by the full Senate with bipartisan support and signed into law by the Governor.

Keep your eye on this blog for timely and important updates on these bills and House Bill 1277 - the manager and management company licensure bill which was just read across the desk (meaning introduced) in the Senate this morning. 

Hold regularly scheduled board meetings. If owners do not have access to the business of the association, they may get suspicious of what the board is doing. Unfortunately, all too often, perception is reality for owners. You may meet for months without other owners in attendance, but that does not eliminate the need for meetings that owners can attend if they so choose. Set the time and location of meetings at the beginning of the year and stick to that schedule.

Allow owner access to board members. The community manager often serves as the primary contact person for owners with questions and problems to report. Managers then communicate with the board and take action where appropriate. But the manager should not serve as a substitute for the owner-elected board. Board members must make themselves accessible, typically at board meetings, so that owners can feel more assured that their voices are heard and considered in the board decision-making process. Remember that, under the new records law, owners have a right to obtain board member email addresses, so owner contact with board members is a part of board member service to the community. But remember, too, that all board members must have access to information used to make decisions—so individual board members should avoid secret conversations and promises to owners.

Limit decisions outside of meetings to emergencies and matters already discussed in the board room. Boards are required to hold open meetings and permit owners to speak prior to board decisions. If a board is consistently conducting business by email, the board is denying owners their rights. Consider adopting an email decision-making policy that guides when and how the board will make decisions outside of meetings and gives owners an understanding of the rationale for this extraordinary board action.

Make minutes available online as soon after the meetings as possible. Minutes document the decisions of the board and serve as another means of communicating with owners. When motions and the outcome of votes are clearly stated, members can feel more confident that the board members are upholding their duties to the association. Associations need not post draft meeting minutes but also should not withhold approval of minutes either.

Create a newsletter that covers timely topics about community living as well as social highlights from your neighborhood. Each community is unique and deserves a spotlight on the positive attributes that make it a place members want to call home. Engage members of your community in gathering information and reporting the positives from around your neighborhood. A newsletter can include a combination of information about business/covenant matters (such as announcements about dues increases or new trash days and reminders about common landscaping violations) and pieces about upcoming events and member contributions to the association or the larger community.

Educate your board and owners on rights and responsibilities. In many of the meetings that our attorneys attend, the owner and board member desire for information is very apparent. Fear and anger are often driven by lack of understanding. Do not miss the opportunity to inform your owners of how the association operates; you may win over some owners who just needed an explanation of the hows and whys of community living. Our attorneys can attend owner or board meetings to teach classes tailored to your community’s needs.

Help owners navigate potentially confusing situations by adopting clear policies. Has your association looked at its nine mandatory responsible governance policies recently? Do the policies reflect the way that your association operates? These policies can effectively assist owners in understanding how meetings work, what covenant enforcement process applies, when their accounts will go to collection, and what records that owners may inspect, among other things.  Your board doesn’t have to “fly by the seat of the pants” when it comes to recurring issues, and past practices may not meet current needs. Adopt policies that guide decision-making and, in the process, help create a common set of expectations among community members.