For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors

As I have reflected upon the less than constructive interpersonal dynamics which have become far too common in some HOAs during 2012 and the venomous diatribes of a small number of HOA critics, I’m more convinced than ever that it takes both directors and residents of HOAs (and managers and HOA lawyers for that matter) to do their part to create harmonious and livable communities. As a result, I humbly offer for your consideration the following 2013 New Year Resolutions for Directors and Residents of HOAs:Continue Reading 2013 New Year Resolutions for Directors and Residents of HOAs

Here it is, not even Christmas yet, and I’m talking about the new year? What gives?

We all know that it is easy to get caught up in day-to-day activities and “emergencies” that command so much of our time. But we also know that, every once in awhile, it is a good idea to take a step back and reflect on where we have been, and where we are going. While this seems obvious, and may apply to so many aspects of our lives, it is applicable to the operation of community associations as well.Continue Reading Strategic Planning for the New Year

If you are like me, election day couldn’t come soon enough.  While I’m truly a political junkie, the negative campaigning became so overwhelming that even I muted the TV during commercials and we quit answering the incessant political calls.  While the negative campaigns were distasteful and the truth became something that was optional, the real truth is that in the United States of America every vote counts and casting your ballot is your opportunity to make your voice heard.Continue Reading Make Sure to Vote – At Your HOA Annual Meeting!

As you know, from time to time, HOAs end up in the news for perceived abuses to residents of an association or to question actions taken by the board or management.  While the allegations in the news coverage may or may not be true, it’s rare to see a flattering story about an HOA.  As a result, it’s important to have a plan in place to address difficult issues that may arise in your association and the subsequent media coverage.      

Chuck Montera, a public relations and issues management professional with Sigler Communications, works routinely on HOA issues and was kind enough to provide us with the following article on crisis management to share with our readers.  Instead of relying on an attorney to provide advice on public relations issues – we thought it would be helpful for you to get advice straight from a public relations expert.  Continue Reading How to avoid becoming a headline – or successfully dealing with it if you do

Every Board member knows there are some people who are simply grumps.  They enjoy creating a negative environment.  While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association.  If a Board treats a grump differently, that Board could end up with a case of selective enforcement.

Selective enforcement occurs when a Board enforces a covenant against some, but not all members.  This may happen when the Board intentionally takes an action due to a personal issue, as with a grump, or it may happen when a Board takes actions a prior Board neglected to take.  Every situation is different, and what may seem like unequal treatment is not necessarily selective enforcement.Continue Reading Be Nice to Grumps!

Those of us who specialize in community association law spend a whole lot of time at HOA board meetings. Based upon experience, I can tell you that how well a meeting is run can make a world of difference in the amount of business which gets accomplished and whether the interactions at the meeting are constructive. While board meetings are open to members and they are encouraged to attend, it’s important to remember that these meetings are held for the purpose of conducting important association business. 

I’m a huge fan of boards blowing the dust off and utilizing their HOA’s Conduct of Meetings Policy. This is one of the 9 required Responsible Governance Policies which HOAs are required to have under Colorado law. (These policies are commonly referred to as the “SB 100 Policies”). A well written Conduct of Meetings Policy will address the procedures utilized to promote productive meetings in the member meeting and board meeting settings. A well written policy should also address the ability of homeowners to speak in an open forum and prior to the board taking formal action on a matter. Continue Reading Rules of the Road for Productive Board Meetings

On Saturday morning, State Senator Linda Newell, who represents most of the South Metro Denver area, held a phenomenal Town Hall Meeting which focused on homeowners’ associations (“HOAs”) and related issues. The turnout for the meeting was excellent and the participants were there to learn and share their stories in a collaborative manner. It was my pleasure to share information about HOAs and to lead this great group of folks in discussing HOA-related issues. It was also an honor to work with Senator Newell who is one of those rare legislators who truly works across the aisle in this hyper-partisan political world we live in. 

While many issues were discussed, a noticeable trend at the Town Hall Meeting was the challenges faced by self-managed HOAs. In particular, the challenges associated with the maintenance, repair and replacement of physical components of structures the HOAs are responsible for and budgeting and setting assessments at a level necessary to meet these obligations. One homeowner shared her story of trying to sell her unit in a condominium association, only to be thwarted by the fact that the concrete patio on the back of her unit is pulling away and is in a horrible state of disrepair. This patio is the responsibility of her HOA and it doesn’t look like the HOA has the funds necessary to deal with the problem. 

 

Let’s face it; serving on the board of directors of an HOA is a big responsibility. The boards of self-managed HOAs have the same responsibilities as the boards which benefit from the advice and assistance of professional community association managers. Without the expertise of these professional community association managers, many self-managed boards struggle to obtain the information necessary to carry out their responsibilities and to fulfill their fiduciary duty to the communities they serve. 

 

So what are these folks to do? Here are some tips:Continue Reading Senator Newell’s Town Hall Meeting Highlights Challenges of Self-Managed HOAs

After a wonderful holiday weekend, it’s time to saddle up and get back to work! For management and boards of homeowners’ associations (“HOAs”), that means budget season is now in full swing. While community association managers play a pivotal role in assisting boards with the creation of budgets, it’s ultimately up to each board to adopt a budget that’s in the best interests of the association they serve. That means boards must be fiscally responsible when creating their budgets. 

Over the past few years, boards have understandably been reticent to do anything to increase assessments. For some HOAs, especially some condominium associations, that has meant making a decision to defer routine maintenance and to either not fund reserves at all or to fund them at a low level. While kicking the reserve can down the road may seem like a short term solution to an assessment increase, if put off too long, this can become a recipe for a fiscal nightmare. 

 

When facing the question of whether – or at what level – to fund reserves, boards should ask themselves the following questions:Continue Reading Budget Season: How is your HOA handling reserves?