Resolutions and Your Community
One of the functions of an HOA Board of Directors is to pass resolutions. While the board can make and pass motions in a board meeting, with actions then recorded in the minutes, a resolution is a stand-alone document that is the formal expression of board action. The adoption of the resolution should be recorded in the board meeting minutes, and the resolution itself should be part of a book...
A Tool that Solves Issues and Prevents Bigger Problems (Oregon Law)
One of the functions of an HOA Board of Directors is to pass resolutions. While the board can make and pass motions in a board meeting, with actions then recorded in the minutes, a resolution is a stand-alone document that is the formal expression of board action. The adoption of the resolution should be recorded in the board meeting minutes, and the resolution itself should be part of a...
Association Reserve Funding Basics (Utah Law)
Preparing the annual budget and overseeing the association’s finances are perhaps the most important responsibilities of board members. The annual operating and reserve budgets reflect the planning and goals of the association and set the level and quality of service for all of the association’s activities.
PREPARING THE BUDGET
The association’s budget consists of two basic parts, income...
Foreclosure Mess
Recently, Nevada has taken action to remedy their state’s foreclosure mess; will Oregon step up to the challenge? Despite the fact that the federal government attempted to punish large banks for continuing the practice of robo-signing, it had little effect on their practices. The law Nevada passed now makes it a felony to carryout robo-signing, forcing banks to get the proper documentation...
Amending HOA Governing Documents
Most homeowners associations are governed by a declaration of restrictive covenants (also known as CC&Rs) and bylaws. Both of those documents typically require a vote of the membership in order to amend. Recently, many homeowners associations are contemplating amending their governing documents because the documents are outdated, they don’t address issues particular to the association, or...
Flag Act Strikes Balance between Patriotism and Aesthetics (Oregon Law)
Homeowners often express righteous indignation when their Association asks them to take down or alter their display of the American flag. Although architectural review committees and governing documents preserve both the value and aesthetics of owners’ property, they can also confine expression. Many owners feel that it is their patriotic right to display the flag on their property. These...
Going Green
Over the last number of years, we have seen policy trends in cities and developments in an attempt to become more “green” as a community. Homeowner associations and condominiums are a prime example, and are recently—as a whole–considering alternative energy sources. In some communities, boards of directors are even receiving requests from owners to install solar panels or use...
Associations in an Environmentally Conscientious Era (Oregon Law)
Over the last number of years, we have seen policy trends in cities and developments in an attempt to become more “green” as a community. Homeowner associations and condominiums are a prime example, and are recently—as a whole–considering alternative energy sources. In some communities, boards of directors are even receiving requests from owners to install solar panels or use...
FHA Approval Process for Condominiums
A great deal of confusion currently surrounds the issue of FHA approval for condominiums. I get phone calls on an almost daily basis from board members and managers who are curious, confused, or confounded by all the recent changes to the FHA approval process. To help alleviate some of this confusion, I felt it would be helpful to provide a brief overview of the approval process itself,...
Board of Director Orientations
Each year, numerous homeowners are elected to the boards of directors of their homeowners associations. Most directors blindly accept a position on the board with little explanation of their duties as a board member and without appreciation for the significance of the position. Instead of leaving new directors in the dark, associations should conduct an orientation meeting for new board...