Architectural Standards

One of the central roles of a homeowners or condominium owners association is the enforcement of architectural standards. The establishment of architectural standards is at the core of many declarations of covenants, conditions, and restrictions (CCRs or “declaration”). Owners want to know that nobody will build a monstrous pink house next to them. Many declarations […]

Enforcing the Oregon Trust Deed Act

Introduction In the real estate world, the years leading up to the 2008 financial crisis were characterized by massive financial irresponsibility exacerbated by a regulation vacuum. The nation’s biggest financial institutions securitized millions of loosely underwritten home loans into mortgaged-backed securities and sold them to unknowing investors. The result—now widely recognized—was the overnight collapse of […]

Enforcing the Oregon Trust Deed Act

Introduction In the real estate world, the years leading up to the 2008 financial crisis were characterized by massive financial irresponsibility exacerbated by a regulation vacuum. The nation’s biggest financial institutions securitized millions of loosely underwritten home loans into mortgaged-backed securities and sold them to unknowing investors. The result—now widely recognized—was the overnight collapse of […]

Stay at Home Parents

Deciding to stay at home with your child is an exceptionally admirable choice, but it undoubtedly opens the stay-at-home-parent (SAHP) to certain financial and other vulnerabilities.  This article addresses some of the estate planning issues that should be considered by SAHPs.  These issues are especially important in light of unexpected events: the death of your […]

FHA Approval for Condominiums: Update

Recent changes to FHA guidelines have opened the door to FHA approval for many condominium projects that were previously ineligible.  In light of these changes, now is an excellent time for condominium associations to evaluate (or re-evaluate) their eligibility and consider applying for FHA approval.  This article will discuss the significance of the recent changes, […]

Holiday Thoughts from VF

It is the season of harvest and holidays again.  In the same way you reflect on family and gratitude in your personal life this season, take a moment to reflect on the state of your community and board.  This year in the community association world we have seen some dramatic examples of what happens when […]

Pets, Your HOA, and ADA/FHA Guidelines (Utah Law)

We all know someone whose dog or cat is much more than just a pet.  Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal restrictions, because it is easy to run afoul of federal laws like the Fair Housing […]

Budget Time

Budget time is upon us, and boards are trying to figure out how to collect past-due assessments so they can meet the association’s budget. Here are a few tips to make sure that you can collect assessments: 1. Make sure you know who owns the property. When you send notices that assessments are due, or […]

Responding to HOA Records Requests in Arizona

HOAs and community managers receive requests for records and information almost daily.  In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona HOA’s responsibility to respond to requests for records and information from its homeowners? HOA document […]

Oregon Foreclosure Update

Oregon community associations enjoy statutory lien rights when owners fail to pay assessments. When a delinquent owner is insolvent and unemployed, an association’s best chance to recover unpaid assessments may be to enforce its lien rights against the property in a judicial foreclosure action. Although foreclosure is usually not the first option, it is a […]