Category Archives: Real Estate

New Webinar on HOA Board Members and Fiduciary Duties: What You Must Know to Fulfill Your Duty to Your Association and Protect Yourself from Personal Liability

Upcoming Event: An HOAleader.com Webinar for Condo and HOA Boards

HOA Board Members and Fiduciary Duties: What You Must Know to Fulfill Your Duty to Your Association and Protect Yourself from Personal Liability

Thursday, November 13, 2014
2-3 p.m. Eastern

HOAleader.com Members save $30!
Not a member yet? Sign up for a trial membership now.


When you volunteered to serve your community association as a board member, did you realize you were agreeing to set aside your own interests and act as a fiduciary on behalf of the entire association? Are you confident you know every scenario where you might trip up and expose yourself to personal liability by failing to live up to this important duty?

Set aside an hour of your time to learn what you need to know and ensure you’re not risking your own financial security by making common—but easily avoidable—mistakes while volunteering as an HOA board member.

Join us for in an in-depth webinar on November 13 led by two community association experts who will explain in layperson’s terms what it means to act as a fiduciary for your association.

You’ll learn:

  • The legal definition of a fiduciary—and the real-life risks you face if you’re found to have breached your fiduciary duties
  • The specific responsibilities you carry because of your fiduciary duties, including:
    • What it means to act in a “representative capacity”
    • Understanding the “business judgment rule”
    • How to meet confidentiality requirements
  • Tips to help you understand potential conflicts of interest and how they can trigger a breach of your fiduciary duty
  • Best practices to help you avoid the most common conflicts of interest board members face
  • Information to help you identify when providing full disclosure will diffuse conflicts of interest, along with practical suggestions for doing that properly
  • What you need to know about insurance to protect you from claims of a breach of your fiduciary duty
  • Plus much more!

Arm yourself with the knowledge you need to protect yourself and your association. Bring your entire board and make sure everyone knows these critical, fundamental concepts of good HOA governance. By proactively educating your entire board, you may just nip a potential conflict of interest problem in the bud. Register now for this informative event for community association board members.

Can’t attend on November 13? Order the recording.


About Your Speakers
Debra A. Warren, PCAM, CCAM Debra A. Warren, PCAM, CCAM, is a senior vice president at Associa®. She has more than 25 years of experience in community association management and was founder and principal of a successful consulting practice after 15 years as president and CEO of a management firm in Northern California, which she sold in 2005. Warren has also been actively involved in the education of community management professionals and volunteer board members across the country. She has 18 years of experience as an educator and in 2010 was named by the Community Associations Institute as educator of the year..
Matthew Zifrony Matthew Zifrony is a director with Tripp Scott, a law firm in Fort Lauderdale, Fla. He’s the president of one of the largest homeowners associations in Broward County and represents numerous condominium and homeowners associations in the tri-county area, providing counsel on such issues as collections, rules enforcement, contractual review, and association documents. Zifrony is past board member of the Community Association Institute. He earned a law degree, with honors, from the University of Florida and a bachelor’s degree, with honors, from the University of Florida’s School of Business Administration.

How Do Webinars Work?

A webinar is remarkably cost-effective and convenient. You participate from your home or office, using a regular telephone and a computer with an Internet connection. You have no travel costs, hassle, or commute time.

Plus, for one low price, you can get as many people on your condo or HOA board to participate as you can fit around a speakerphone and a computer screen. And now, with our special group membership offer, your entire board can attend—even from different locations. This offer requires an HOAleader.com Group Membership. When any group member orders, we will set up access for the entire group. Up to 10 users can attend for one low price. It’s another incredible deal as part of HOAleader.com Group Membership.

Because the conference is live, you can ask the speakers questions via the webinar interface. Many attendees tell us this is the most valuable part of the webinar.

You will receive access instructions via e-mail several days before the event. You don’t need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.


100% Satisfaction Guarantee

If you are not completely satisfied after attending an HOAleader.com event, let us know within 30 days, and we will refund 100% of your registration fee — no questions asked.


About HOAleader.com

HOAleader.com’s attorney editors and experienced journalists constantly research the latest developments in HOA law affecting homeowner and condominium associations across the U.S. Then we publish plain-English analyses of what those developments mean to you as an HOA leader, and what you need to do now to comply with HOA laws, steer clear of legal trouble, avoid or resolve conflicts within your homeowners association, make HOA management easier, and safeguard your community association’s property values and quality of life.

Not a member yet? Sign up for a free trial membership here.

HOAleader.com Sponsors Event Held by SEEDS, a Local Community Mediation and Dispute Resolution Center

SEEDS Community Resolution CenterHOAleader.com is proud to sponsor SEEDS Community Resolution Center’s annual Cultivating Common Ground event to be held in Berkeley, CA, on October 16, 2014.

SEEDS is a non-profit organization that specializes in helping individuals and groups find mutually-satisfying resolutions to disagreements and disputes. For over 30 years, SEEDS’ mediation services have helped neighbors, landlords and tenants, business partners, families and organizations solve conflicts without spending the time and money going to court. Over 75% of disputes that are mediated end in a resolution.

HOAleader.com supports SEEDS because we believe that their conflict resolution services improve our community by helping people find common ground. We want to help them make their services accessible and affordable for all.

Homeowners, tenants, neighbors and association boards can all benefit from the improved communication and better management of disagreements that SEEDS – and services like it – deliver.

To find a similar service in your community, visit the National Association for Community Mediation.

New Webinar on HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association

Upcoming Event: An HOAleader.com Webinar for Condo and HOA Boards

HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association

Thursday, October 9, 2014
2-3 p.m. Eastern

HOAleader.com Members save $30!
Not a member yet? Sign up for a trial membership now.


Stop us if you’ve heard this one before: You announce an HOA election providing proper notice, yet only a handful of owners show up to vote. You end up short of your quorum requirements, and you have to start all over again with your fingers crossed that next time, your luck will be better, and your election will be successful. Or instead, you hold your election, get definitive results—you think—but then the election gets challenged.

We can help you do better! Join us for an in-depth webinar on October 9 led by two community association lawyers who’ve devoted their extensive—and impressive—careers to solving the challenges HOAs face every day. You’ll log out of the webinar with valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious.

You’ll learn:

  • How to determine the specific steps your HOA must follow to conduct proper elections
  • Details on the most common mistakes boards make from election start to finish, and the most likely challenges to your election—and how to nip them in the bud
  • Information to help you identify your quorum requirements and creative tactics to ensure you get a quorum
  • Common rules governing who can run for your HOA board, along with insights on the pros and cons of changing your eligibility requirements—and tips on how to do it if you decide you should
  • Suggestions for general rules your board may want to consider passing to make holding elections easier
  • Tips to provide effective notice—and undercut any attempt to unwind your completed election based on claims of insufficient or improper notice
  • What you must know about proxies
  • Techniques you can deploy on the day of the election to avoid on-the-spot glitches
  • Plus much more!

It’s just an hour of your time, but you’ll walk away much wiser and better prepared for your HOA’s next election. Register now for this informative event for community association board members.

Can’t attend on October 9? Order the recording.


About Your Speakers
Stephen M. Guerra Stephen M. Guerra is a partner at Makower Abbate and practices primarily in condominium and subdivision association law, corporate governance law, and real estate development and finance. Mr. Guerra is a member of the Community Association Institute and the State Bar of Michigan’s Real Property Law Section. Mr. Guerra has written articles for the CAI’s Michigan chapter, Michigan Lawyer’s Weekly, and the Michigan Real Property Review and has been a seminar presenter for the CAI Michigan chapter and a roundtable presenter for the State Bar of Michigan’s Real Property Law Section. Mr. Guerra was also named a “rising star” by Michigan Super Lawyers in 2013 and 2014.
Bill Worrall Elizabeth White is a shareholder at the law firm of LeClairRyan in Williamsburg, Va., where she leads the firm’s national community association industry team. Widely regarded as a thought leader in this industry, White is a frequent speaker at CAI events on topics relating to community association law and is a regular contributor to such publications as HOAleader.com. She teaches a class on community association law at William and Mary Law School, which is the only one of its kind in Virginia and one of only a handful nationwide. White has been named one of the best lawyers in America.

How Do Webinars Work?

A webinar is remarkably cost-effective and convenient. You participate from your home or office, using a regular telephone and a computer with an Internet connection. You have no travel costs, hassle, or commute time.

Plus, for one low price, you can get as many people on your condo or HOA board to participate as you can fit around a speakerphone and a computer screen. And now, with our special group membership offer, your entire board can attend—even from different locations. This offer requires an HOAleader.com Group Membership. When any group member orders, we will set up access for the entire group. Up to 10 users can attend for one low price. It’s another incredible deal as part of HOAleader.com Group Membership.

Because the conference is live, you can ask the speakers questions via the webinar interface. Many attendees tell us this is the most valuable part of the webinar.

You will receive access instructions via e-mail several days before the event. You don’t need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.


100% Satisfaction Guarantee

If you are not completely satisfied after attending an HOAleader.com event, let us know within 30 days, and we will refund 100% of your registration fee — no questions asked.


About HOAleader.com

HOAleader.com’s attorney editors and experienced journalists constantly research the latest developments in HOA law affecting homeowner and condominium associations across the U.S. Then we publish plain-English analyses of what those developments mean to you as an HOA leader, and what you need to do now to comply with HOA laws, steer clear of legal trouble, avoid or resolve conflicts within your homeowners association, make HOA management easier, and safeguard your community association’s property values and quality of life.

Not a member yet? Sign up for a free trial membership here.

Seasonal Bids Lists HOAleader As One of the “Top 15 Property Management Influencers on Twitter”

Thanks to the folks at Seasonal Bids for recognizing HOAleader.com’s content in their recent blog post on property management influencers. Here’s their quote about us:

great resource for HOA leaders who are interested in staying up to date with what you need to do now to comply with HOA laws, steer clear of legal trouble, avoid or resolve conflicts within your homeowners association, make HOA management easier, and safeguard your community association’s property values and quality of life.

Read the entire Seasonal Bids list of “Top 15 Property Management Influencers on Twitter” on their blog.

Follow us on Twitter at @HOAleader.

Easier Enforcement of Your HOA’s Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process

Upcoming Event: An Exclusive HOAleader.com Webinar With Practical Tips for HOA and Condo Boards

Easier Enforcement of Your HOA’s Rules:
Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process

Thursday, July 31, 2014
2-3 p.m. Eastern

HOAleader.com Members save $30!
Not a member yet? Sign up for a trial membership now.


Enforcing rules doesn’t have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA’s rules fairer, quicker, easier, and less stressful.

Join us for an in-depth webinar on July 31 led by two community association experts: a lawyer with more than a decade of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager with insights on the day-to-day operations of rules enforcement. You’ll get practical ideas, systems, and processes you and your condo or HOA board can begin to take advantage of the minute the webinar ends.

You’ll learn:

  • The role of the lowly rule in HOAs, being less powerful than a CC&R or a bylaw, but easier to implement than provisions in those weightier documents
  • How to determine the steps you must follow to create enforceable rules
  • Tips for identifying what you can handle with a rule and what you should never try to accomplish through a rule
  • How fines fit into rulemaking, including how to set an effective fine amount and how to know when a fine is too much
  • The structure of an effective violation system—from notice of a violation to a meaningful process for owners to state their defense and get a fair hearing
  • Insights into rules you’ll never be able to enforce and fines that’ll fall short of their goal to curb repeated violations
  • Suggestions to help you avoid the most common mistakes boards make creating and enforcing their rules
  • And much more!

In just 60 minutes, you’ll gain practical, valuable tools you can implement now to begin building a better approach to special assessments. Register now for this informative event for community association board members.


About Your Speakers
Matthew Drewes Matthew Drewes is a partner at the law firm of Thomsen Nybeck PA in Bloomington, Minn., where he heads the firm’s community association representation group and co-heads its construction defect litigation group. Drewes practices primarily in commercial litigation, community association law, construction litigation, creditors’ remedies and debtor/creditor law, real estate litigation, and insurance litigation. Drewes has been recognized by Minnesota Law and Politics, which has several times included him on its list of Rising Stars, a distinction given to only 2.5 percent of Minnesota attorneys each year.
Bill Worrall Bill Worrall is vice president of the Miami-Dade region of FirstService Residential, a property management company in Florida serving more than 1,500 associations and 310,000 homes. Worrall’s expertise lies in the luxury high-rise condominium market with an emphasis on financial consulting; new development consulting, startup, and opening; and existing luxury high-rise management. This includes physical plant, lifestyle delivery, and community association business-plan development. Worrall received his bachelor’s degree in economics from the University of Maryland and is a licensed REALTOR.

How Do Webinars Work?

A webinar is remarkably cost-effective and convenient. You participate from your home or office, using a regular telephone and a computer with an Internet connection. You have no travel costs, hassle, or commute time.

Plus, for one low price, you can get as many people on your condo or HOA board to participate as you can fit around a speakerphone and a computer screen. And now, with our special group membership offer, your entire board can attend—even from different locations. This offer requires an HOAleader.com Group Membership. When any group member orders, we will set up access for the entire group. Up to 10 users can attend for one low price. It’s another incredible deal as part of HOAleader.com Group Membership.

Because the conference is live, you can ask the speakers questions via the webinar interface. Many attendees tell us this is the most valuable part of the webinar.

You will receive access instructions via e-mail several days before the event. You don’t need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.


100% Satisfaction Guarantee

If you are not completely satisfied after attending an HOAleader.com event, let us know within 30 days, and we will refund 100% of your registration fee — no questions asked.


About HOAleader.com

HOAleader.com’s attorney editors and experienced journalists constantly research the latest developments in HOA law affecting homeowner and condominium associations across the U.S. Then we publish plain-English analyses of what those developments mean to you as an HOA leader, and what you need to do now to comply with HOA laws, steer clear of legal trouble, avoid or resolve conflicts within your homeowners association, make HOA management easier, and safeguard your community association’s property values and quality of life.

Not a member yet? Sign up for a free trial membership here.

Get Answers to Your HOA Debt Collection Questions

Are you tired of seeing delinquent accounts on the financial statements of your condo or HOA?

Is your HOA board frustrated because subpar finances mean long-planned projects are on hold indefinitely? Less than thrilled about continually explaining the situation to the homeowners in your association?

Stop letting nonpaying owners control your condo or homeowners association!

Join us for an in-depth webinar on February 6 led by two HOA debt-collection experts—a Florida lawyer who’s represented community associations for more than 15 years and a 25-year veteran in association management knowledgeable about laws and practices in many Western states.

You’ll get up-to-date on the latest trends in association debt collection and walk away with real-life tactics you and your fellow board members can implement immediately to make collecting unpaid fees easier and less expensive for your association.

You’ll learn:

  • The status of community association debt collection practices today and the challenges that still remain for associations
  • What to do when lenders foreclose and then don’t pay dues
  • How and when to use a foreclosure-to-rent strategy to preempt slow-moving lenders
  • Recent court cases that could dramatically affect how condos and HOAs pursue debt collection in the future
  • Why it’s critical to frequently review and revise your HOA’s collections policies and procedures
  • Key components of debt collection policies and procedures, including important language boards often forget to add, and new provisions boards have added in recent years that could strengthen your collections
  • Repayment plans to consider when working with delinquent owners—and must-have provisions for repayment agreements to protect your HOA
  • The most important factors to consider when deciding whether to file a lien and eventually foreclose on a delinquent owner’s property … and the most common mistakes boards make in that decision-making process
  • Ways to spend less while collecting more
  • And much more!

In just 60 minutes, you’ll gain practical, useful tools you can immediately use to tackle one of the most difficult issues condos and HOAs face today. Register now for this informative event for community association board members.


Collect More, and Collect It More Easily:
Best Practices for Condo/HOA Debt Collection

An HOAleader.com Webinar for Condo and HOA Boards

Thursday, February 6, 2014
2-3 p.m. Eastern

Register now »


About Your Speakers

Attorney Jed Frankel represents numerous community association clients before administrative, trial court, and appellate panels across the state of Florida. He is board certified in civil trial law by The Florida Bar and “AV” rated by his peers. Frankel graduated from Emory College in 1990 with a Bachelor of Arts Degree summa cum laude and received his Juris Doctor with honors from the University of Florida College of Law in 1993. He was recently recognized as one of the “Top Lawyers” in real estate/community association law by the 2013 South Florida Legal Guide.

Duane McPherson is president of the Western Region and Dallas/Ft. Worth divisions of RealManage, a property management firm that specializes in the management of hundreds of community homeowner associations throughout the United States. With over 25 years of experience, McPherson has been certified by the Community Association Institute as a Professional Community Association Manager (PCAM®), which is the highest professional certification available nationwide to managers who have advanced skills, knowledge and experience.


How Do Webinars Work?

A webinar is remarkably cost-effective and convenient. You participate from your home or office, using a regular telephone and a computer with an Internet connection. You have no travel costs, hassle, or commute time.

Plus, for one low price, you can get as many people on your condo or HOA board to participate as you can fit around a speakerphone and a computer screen.

Because the conference is live, you can ask the speakers questions – either on the phone or via the webinar interface.

You will receive access instructions via e-mail several days before the event. You don’t need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.


100% Satisfaction Guarantee

If you are not completely satisfied after attending an HOAleader.com event, let us know within 30 days, and we will refund 100% of your registration fee—no questions asked.

Exclusive Special Report on HOA Reserves, Special Assessments, Loans & More: A Homeowners Association Board Member’s Guide to HOA Funding Options

The best-run HOAs have boards that are smart with money. Those boards manage their owners’ money with care, and when they have unplanned projects that require additional funding, they’re equally methodical and thoughtful.

What do those boards do that’s so smart? They explore every funding option, starting with well-known ideas like drawing on reserves, taking out a loan, or passing a special assessment. Then they unearth funding options that few HOA board members know about, like contractor funding and government grants. They know the factors to consider when weighing each option and how to present each choice in a way that allows owners to also make educated decisions if they’re involved in the decision making. If they run into roadblocks in funding HOA projects, they regroup and try again because they understand their fiduciary duty to operate in the best interest of the HOA, even if the members are reluctant to dig into their pockets for necessary funding. Finally, they have a pulse on their reserves so it’s always available for that rainy day, even if the HOA has just emerged from a financial storm.

In this special report, you’ll discover tips and guidance on funding options from HOAleader.com’s expert contributors—professionals who’ve devoted their careers to serving and advising homeowners associations. Governing documents and state laws vary, but this information will help you understand how your association can meet all of its financial needs—and thrive.

Download now »

HOA Reserves Special Report CoverDownload now »


      Table of Contents
     
      HOA Finances: 8 Options for Funding Expensive Projects 1      
     
      HOA Funding Options: Is It Time for a Special Assessment?
4 Factors to Consider
4      
     
      Helping Owners Fund a Special Assessment 7      
     
      HOA Communications: Tips for “Selling” a Special Assessment 11      
     
      HOA Special Assessment Didn’t Pass? 4 Tactics to Consider 15      
     
      Homeowners Association Funding Options: 7-Point Checklist When Considering Using Your HOA’s Reserves 18      
     
      HOA Reserve Studies: What You Need to Know 22      
     
      Four Tips for HOA Reserve Studies: When and How to Do a Reserve Study Right 25      
     
      HOA Finances: Tips for Handling Your Reserve Account 27      
     
      HOA Reserve Funds: The Pros and Cons of Underfunding Reserves 30      
     
      HOA Funding Options: Should Your Homeowners Association Take Out a Loan? 6 Factors to Consider 33      
     
      HOA Financial Matters: Lean Times May Call for Loans 36      
     

Download now »

 

 

Special Report Explains HOA Leader Roles and Duties

We’re hearing from a growing number of association members who want more detail about their responsibilities—or who want an easy way to educate their newly elected fellow board members about what, exactly, board members do. What’s the president supposed to do? How about the vice president, secretary, and treasurer?

In this exclusive special report, we provide you with insight that will guide your board and officers in their day-to-day roles. We explain each officer’s duties and responsibilities, discuss where officers sometimes get confused about their roles, and provide guidance on how officers and directors can make sure they’re fulfilling their duties while not stepping on others’ toes.

As always, when it comes to issues of legal compliance for HOAs, it is important to remember that each state has its own rules, and you should consult with an attorney or other professional as to the appropriate steps for your specific situation.

Our goal for this report, as for all HOAleader.com information products, is to help make your association a better run organization and help make you a better leader for your community. I am confident that you will find concrete ideas you can put to work in your condo or homeowners association.

— Matt Humphrey, President/Founder

Download now »

 

HOA Leadership Roles and Duties

Download now »

 

Kristen Rosenbeck Contributor Page Launched

We’re very pleased to announce that Kristen Rosenbeck’s HOAleader.com contributor page is now available, highlighting the articles (31 to date) to which she has generously added her expert insight.

Kristen  is a Partner with Mulcahy Law Firm, P.C. Kristen graduated from Valparaiso University with a Bachelor of Arts Degree in Biology where she actively supported her school as the Student Body President. Kristen graduated in the top third of her law class receiving her Juris Doctor degree from Marquette University in Milwaukee, Wisconsin. Kristen is licensed to practice law in both the State of Wisconsin and the State of Arizona.

Kristen’s legal practice focuses on the representation of hundreds of residential community associations and office condominium associations throughout the State of Arizona.

You can view her full bio at the firm’s website.

Go to Kristen’s page and view the articles »

HOA Management Companies – Brand-New Special Report for HOA Boards

We’re proud to announce the release of the latest exclusive Special Report from HOAleader.com:

HOA Management Companies: A Practical Guide for Homeowners Association Boards

This report helps homeowners association boards make smart decisions when working with an HOA management company. Whether you’re hiring, firing or just trying to work well with an HOA manager, you’ll find practical tips and advice on best practices that will help make your job easier and your home owners association or condominium association more successful.

See the table of contents below.

Members (and trial members) of HOAleader.com can download it now for free.

Your HOA Board of Directors hasn’t signed up for membership yet? Maybe now’s the time to sign up for a trial membership.

 
  Table of Contents  
 
  HOA Governance: Making the Outside-Managed vs.
Self-Managed Decision
2  
 
  5 Rules to Live By for Self-Managed Homeowners Associations 4  
 
  Do You Need to Hire an On-site Manager for Your
Homeowners Association?
7  
 
  7 Tips for Choosing the Right HOA Management Company 10  
 
  5 Questions to Ask Your Manager about Your Homeowner
Association’s Finances
13  
 
  5 Must-Have Clauses in Your HOA Management Contract 15  
 
  HOA Management Contracts: 5 Cause-for-Pause Clauses 19  
 
  Best Practices for Working with Your HOA Management Company 23  
 
  4 Tips to Get Top Service from Your HOA Management Company 25  
 
  9 Responsibilities HOA Boards Shouldn’t Delegate to a Manager 27  
 
  Why Your HOA Board—Not Your Manager—Must Authorize Liens 30  
 
  Does Your Management Company Have Conflicts of Interest? 32  
 
  HOA Management Fees: Beware These Questionable Fees;
How Your Association Can Address Them
35  
 
  Should You Fire Your HOA Manager? 5 Tips on How to Decide
If It?s Time
38  
 

Download now »