If there is one thing people hate almost as much as an assessment increase, it is properly funding reserves.  Some owners look at those lonely accounts, chock full of unused cash just sitting there, and think, "Hey, let’s use that money now! That way, we don’t have to raise assessments this year!"  Other owners look at the reserves and wonder if perhaps it’s okay to defer reserve contributions until a time when finances loosen up.

Hogwash. Continue Reading Who needs reserves?

Many times when enforcement action is started against an owner in a community, the first response is “Why are you picking on me? Everybody else is/has [fill in the blank – painted their house without ARC approval; installed new windows without ARC approval; modified their landscaping; left their trash cans out, etc.]” Then the formal response is accompanied by a dozen pictures of other homes in the community that have the same, or similar, violations. Face it, everybody who receives the enforcement letter from their association feels like they are being singled out, because they know at least one other person who has done exactly what they are accused of doing, and that other person hasn’t been reprimanded. Or have they?Continue Reading Selective Enforcement – Why’s Everybody Always Picking On Me?

For many folks, Valentine’s Day is traditionally thought of as a day of roses, chocolate, stuffed bears, hugs and kisses. I would like to get a bit off the traditional track of Valentine’s Day and wonder aloud if you are feeling the love in your HOA. So are you?  

As homeowners, residents, board members and managers in…

 We receive many calls from board members of homeowner association clients inquiring about complaints made by unhappy members of their communities and threats of lawsuits against the directors. The complaints run the full gamut from failure to enforce the governing documents, to unfair enforcement of the governing documents, to failure to abide by the governing documents or CCIOA, or any of a number of other complaints. Being a lawyer, I generally answer their question with one of my own – “You do have D & O insurance in place, don’t you?” I get a little worried when the answer is another question – “What’s that?”Continue Reading Protection for the Board – D & O Insurance

Happy New Year from all of us at Winzenburg, Leff, Purvis & Payne! As we begin 2014, I thought I would continue with my annual tradition of providing HOA boards with New Year resolutions for consideration. This year, please consider the following resolutions with a focus on building community and putting a halt to disputes before they…