How are the elements of a community defined? How are the elements of a community defined? What determines the components of the common areas versus homeowner-owned areas? Where is it written that certain elements are the responsibility of the homeowner and others are the responsibility of the association? These issues and others are established in …
Delinquent homeowners Delinquent homeowners can affect a community in a variety of negative ways. Obviously, an association needs assessments to be paid, preferably on time, in order to operate. There are many undesirable consequences of having too many delinquent homes and/or unpaid assessments. A community with an abundance of homeowners in arrears could be declined …
Association’s Records Knowing which association records should be kept, where to keep them, and how to store them can help an association maintain access to important historical data. Association records should contain information that the board can use as a reference for future projects or possible evidence in a lawsuit or audit. Records are useful …
Board Member Elections Cultivating, nominating and electing board members is something that should always be on the minds of current board members. Politics in any arena can be tricky, but in associations it can also sometimes be difficult to find people willing to serve. Many people feel unqualified or even afraid to volunteer due to …
Transitions What is a transition? According to attorney David J. Byrne, there are two types of transitions. The first, he said, is transition of control. The transition of control is when a community’s control is transferred from the sponsor to the developer during the sales process. The second, Byrne said, is the transition to responsibility, …
Construction Defects What is a construction defect and what should an association do if one is discovered? “A construction defect is a condition of a constructed item that exists in deviation from the applicable architectural drawings, applicable building codes, and/or applicable industry standards (manufacturer specifications),” said attorney David J. Byrne. The first thing an association …
The Fair Housing Act & Civil Rights Violations of the United States Fair Housing Act (FHA) can result in severe penalties for associations. Knowing how to govern your community responsibly in this regard is highly important. What is a common sense approach to staying in compliance with the FHA? According to attorney David J. Byrne, …