eAlerts


Don’t Assume Late Assessment Notice Excuses Member from Paying

If for some reason you’re late sending a notice to a delinquent member, you may wonder whether you’ve missed the chance to collect or whether you should try to collect at all. A recent Pennsylvania case highlights why under some circumstances, lateness isn’t fatal.

There, a townhome owner in a planned community didn’t pay his annual assessments for seven years. The association sued him for the delinquent amount. A trial court ruled in favor of the association and awarded full payment of unpaid annual assessments plus attorney’s fees and costs.

HOA Flags Member Over Patriotic Display

A more than two-year battle over an American flag display in a Jacksonville, Fla., homeowners association has led to more than $8,000 in fines and a lien on a member’s home in that community. A Florida veteran has been fighting with the association about what he asserts is his right to keep the flag in a flower pot in his front yard.

Don’t File Liens Against Members Yourself

When trying to collect assessment arrears owed by delinquent members, don’t file a lien against the member yourself. Instead, refer the matter to your association’s attorney. Managers should avoid filing liens because of the increase in potential liability under the federal Fair Debt Collections Practices Act (FDCPA) when the number of letters or phone calls to a member is increased.

Fixing Las Vegas HOA Elections Was Gamble That Didn’t Pay Off

An alleged homeowner’s association election-rigging plot has been uncovered in Nevada, leaving those living in community associations across the Las Vegas Valley feeling vulnerable after being tricked into hiring a certain construction company.

The scheme involved a former construction company boss using his associates to stuff ballots, steal ballots, and steam open ballots to win HOA elections so that the construction company could obtain lucrative construction contracts from “friendly” board members.

Hold Orientation Sessions for New Board Members

Inevitably, for one reason or another, a community association board member gives up his position. When this happens, the association has 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.

Owner Sees Red after HOA Insists on Painting Handicap Lift

When a Durham, N.C., association told a homeowner she needed to paint her handicap lift to match the new paint color of her and her neighbors’ porches or face fines, she refused. The owner argued that prior to the repainting of porches in the community, the lift didn’t match the original paint color of her porch, so it shouldn’t be a problem now. The owner told the association that the installer of the lift didn’t recommend repainting over the factory paint because it would interfere with future repairs.

Ban Violent Behavior, Horseplay in Employee Handbook

Include in your association’s employee handbook a ban against violent behavior by employees, to head off problems and put your employees on notice that this behavior won't be tolerated and that there will be serious consequences. Tell employees what's unacceptable, and draw a clear line that they may not cross without being fired. Include horseplay as part of prohibited conduct; it's employees' most common defense for unacceptable behavior.

When Board’s Casual Conversations Conflict with Declaration

Q: I live in a small condo co-op. When I've seen board members in the building, we've discussed that portions of the balcony outside my unit need to be either repaired or replaced. They've agreed that the association should be responsible for the cost of this and similar repairs to other units in the building. But when I formally asked the association to pay for the repairs, it said that it's my responsibility under the declaration and bylaws.

Document Members’ Receipt of House Rules

When enforcing your community association's house rules, you've probably heard members claim they weren't aware that they were in violation because they never received a copy of the house rules in the first place. This could lead to a sticky situation if a member's violation has damaged common areas or other members' units, but the member claims that he's not liable because, without a copy of the house rules, he had no way of knowing that his behavior was prohibited.

Help Disabled Members Participate at Special Meetings

If a hearing-impaired member in your community asks for a sign language interpreter to be present at a special meeting or at an annual meeting as a reasonable accommodation, be sure to provide one. Without a sign language interpreter, the disabled member may not be able to participate in any meaningful way at the meeting. As a result, your refusal to provide an interpreter could lead a hearing-impaired member to claim that you discriminated against him based on his disability.