April 2012

As we reach the end of our journey in outlining the 8 traits of highly effective HOA directors, it’s appropriate to recap the first 7 traits that make these individuals outstanding participants in the governance of their homeowners’ associations (“HOAs”). So here’s a recap from the beginning: 

Trait #1: It’s all about the HOA and not about their personal agenda. 

 

A highly effective director understands that he/she has a fiduciary duty to act in the best interests of the association as a whole and is able to put aside his or her personal interests or agenda on any given issue. A highly effective director is also able to put the interests of the association ahead of the interests of neighbors or friends.

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

A highly effective director understands that he/she has a duty to comply with and enforce the governing documents of the association. A highly effective director understands and is committed to consulting the governing documents of the association prior to making decisions. These directors always have the declaration, bylaws, SB 100 policies, and the rules and regulations of their association available for review at all meetings.   Continue Reading Highly Effective HOA Directors: Trait #8

Yesterday our own Congressman from Colorado, Ed Perlmutter (D, 7th District), sent an outstanding letter to Carol Galante (Acting Federal Housing Commissioner and Assistant Secretary for Housing with HUD) addressing some very real problems with the current FHA certification requirements.  Congressman Perlmutter called on Acting Commissioner Galante to revisit the FHA certification requirements relating to:

" ● No more than 15 percent of the units…

As we enter the homestretch in outlining the 8 traits of highly effective HOA directors, I have to say that I’m thrilled at the number of hits this series of blog entries has received. I suspect the issue of governing effectively is a hot topic because it’s just not that easy to govern HOAs in these tough economic times. Directors are looking for the “secret to success” and unfortunately there’s no silver bullet. However, we hope that at least a few of the traits we have outlined in this series will resonate with directors who may be struggling and help point them in the right direction. 

The 7th trait of a highly effective director requires these individuals to not only deal with the issues of the day – but to look strategically toward the future.Continue Reading Highly Effective HOA Directors: Trait #7

This morning we continue our journey to identify the traits of highly effective HOA directors. While we could go on at length over what makes a director great, this series of blog entries will identify 8 essential traits of these outstanding leaders.

To recap, here’s where we have been on our journey thus far:

 

Trait #1: It’s all about the HOA and not about their personal agenda.

 

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

 

Trait #3: A highly effective director asks constructive questions and is an outstanding listener.

 

 

Trait #4: A highly effective director never acts as a Lone Ranger.

 

 

Trait #5: A highly effective director passionately debates issues in the board room and then supports the ultimate decision of the board. Continue Reading Highly Effective HOA Directors: Trait #6

It’s Friday and I have to admit I thought seriously about taking a day off from blogging on the traits of highly effective HOA directors. And then I thought – quit being so darn lame Molly – HOA directors are the folks who deserve to be given the day off for all of the countless hours they commit to governing their communities!

If you are reading this series of blog entries for the first time on the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”), check out this blog entry to catch-up on the first 4 traits.Continue Reading Highly Effective HOA Directors: Trait #5

In our quest to identify the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”), a quick recap of the traits we have explored so far is in order:

Trait #1: It’s all about the HOA and not about their personal agenda.

 

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

 

Trait #3: A highly effective director asks constructive questions and is an outstanding listener.

 

 

For those of you who remember the radio show the Lone Ranger, you’ll have to forgive me for using the hero in this next trait of a highly effective director. While I may not have the concept of the show quite right, I hope you will give me a pass on this one!Continue Reading Highly Effective HOA Directors: Trait #4

As we continue our journey today in exploring the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”), let’s start by recapping the first two traits we have identified:

Trait #1: It’s all about the HOA and not about their personal agenda.

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

I believe the next trait of a highly effective director may well be one of the most important traits in effective governance. This trait requires a director to suspend his/her ego and their own ideas of whether an issue in their HOA is truly a problem and how to best address the problem.Continue Reading Highly Effective HOA Directors: Trait #3

Here’s the latest from CAI National on expected revisions to the FHA certification requirements for condominium associations: “The Federal Housing Administration (FHA) is likely to take action in the coming months that will affect community associations. FHA is preparing new policies for condominium project approvals and will soon release guidelines on the use of transfer fees by community associations.Continue Reading CAI National Believes FHA Action on Condos, Transfer Fees in Pipeline

Late last week, I began posting a series of blog entries focusing on the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”). 

As a reminder, here is the first trait:

 

Trait #1: It’s all about the HOA and not about their personal agenda. 

 

 

A highly effective director understands that he/she has a fiduciary duty to act in the best interests of the association as a whole and is able to put aside his or her personal interests or agenda on any given issue. A high effective director is also able to put the interests of the association ahead of the interests of neighbors or friends. 

 

 

A second, and equally important trait, focuses on the importance of being familiar with and utilizing the governing documents of the HOA.Continue Reading Highly Effective HOA Directors: Trait #2

Ahhh, spring, when a young lawyer’s fancy turns to thoughts of…covenant enforcement.

I love covenant enforcement cases. In most situations, the owner who violated the documents has no defense and it’s up to the association to make sure the owner complies with the documents that govern his property.  Sometimes it can be a headache, but it’s the Association’s legal duty to enforce these documents.

Not in your backyard? Enforce your covenants!

Some thoughts from your lawyer’s perspective to help ensure a successful covenant enforcement action:Continue Reading It’s Springtime! Let’s Paint the House Pink!