Are We Making the Right Decision?

Board members of homeowners associations are frequently faced with decisions that have significant impact on the owners within the association. Should the board require an owner to remove a fence that was installed without permission? Should the board hire the treasurer’s brother to paint the condominium? Should the board increase monthly dues to meet a […]

Insurance Update

One of the most important responsibilities of a Board of Directors is purchasing insurance. Premiums can be very high and so decisions about what coverage to buy have significant impact on budgeting and fiscal responsibilities. Nonetheless, it is important to insure that the community’s property and liability exposure is adequately covered. The governing documents will […]

Guidelines for Effective Rules and Regulations in an HOA or Condo Association (Oregon Law)

Protect the Peace, Tranquility and Aesthetics of your community with well crafted HOA Rules and Regulations A tool all community associations may access to protect the peace, quiet, and aesthetics of the community is rules and regulations. Almost all associations’ governing documents give the board of directors (or a rules committee) the power to pass […]

Fraud and Embezzlement Challenges

Examples   Manager Embezzled as much as $4 million Elaborate scheme involving multiple associations Ran the entire day-to-day operation, writing and depositing checks, balancing the books, and getting bank statements   Bookkeeper Embezzled $398,000 Forged board member signatures to obtain bank loans Convicted, but skipped bail and is at large Previous conviction for tax fraud; […]

Fraud and Embezzlement Challenges

Manager Embezzled as much as $4 million Elaborate scheme involving multiple associations Ran the entire day-to-day operation, writing and depositing checks, balancing the books, and getting bank statements Bookkeeper Embezzled $398,000 Forged board member signatures to obtain bank loans Convicted, but skipped bail and is at large Previous conviction for tax fraud; served 14 months […]

Fiduciary Duties

One of the biggest concerns that we see with our clients is the fulfillment of fiduciary duties. What are they? Are they being met? What liability is associated with them? In order to fully understand these “duties,” it is important to know what a fiduciary is. Encyclopedia Britannica states that a fiduciary is: “a person […]

Satellites

Lawyers are often asked about an HOA’s ability to restrict or prevent the installation of satellite dishes. An HOA generally has the authority to restrict or prohibit all sorts of things; shouldn’t a satellite dish be included? Given that some believe a satellite dish to be a cumbersome eyesore, it would only seem logical that […]

NEW HOUSE BILL AFFECTING UT ASSOCIATIONS

NEW HOUSE BILL: Enforcing Community Association Liens in Utah Effective July 1, 2011: Utah homeowner and condo associations must comply with a new registry, or they will be unable to enforce their liens As of this May, community associations in Utah will need to take additional steps to ensure the enforceability of their liens at […]

Difficult Decisions

As an HOA board member, you’re constantly between a rock and a hard place. No matter what you do, one contingent of owners hounds you for not doing enough, another congratulates you for doing a great job, and yet a third scolds you for doing too much. This predicament arises over and over, whether the […]