Rules & Regulations Tag

In April 2013, Governor Brewer signed Senate Bill 1278-Parking on Public Streets, which is a law forbidding HOA’s that are formed after January 1, 2014 from regulating the public streets within a neighborhood. This gives some closure to a years-long battle driven by complaints to Arizona lawmakers from frustrated homeowner.  When a subdivision is formed, the developers write a set of rules for...

One of the powers granted to Board of Directors in Associations is rule making.  There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to pass any rule.  The authority to pass any rule must come from the documents.  I always advise clients to consult an attorney before making a rule, to make sure the...

I am constantly amazed by the ingenuity of the solutions HOA boards come up with to the difficult situations they face.  Faced with tight budgets, demanding residents, and difficult personalities, the obvious answers often don’t work.  Sometimes, though, we get so focused on a particular problem that we lose sight of the big picture – and the simple solutions.  Here are three pitfalls that...

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 requests are...

In 2012, new legislation went into effect in Oregon involving the installation of solar energy systems on residential and commercial buildings. House Bill 3516 (2011 Oregon Laws Ch. 464, codified at ORS 215.439 and ORS 227.505) was enacted with the purpose of facilitating the installation and use of solar energy systems. The new law makes solar energy an “outright permitted use” in residential...

Recently I started reading an interesting survey of homeowner associations in Russia.  Don’t worry, it’s not required reading for U.S. managers and directors.  But Rosa Vihavainen’s book Homeowners’ Associations in Russia After the 2005 Housing Reform has a lot to say about both the challenges facing Russian HOAs and how Russians are solving those problems.  Many of the problems facing Russian...

Introduction Idahoans prize their freedom.  Nowhere is that more clear than when private property rights conflict with the various forms of common interest property ownership known as the homeowners association ( “HOA”), condominium, planned urban development, or townhome.  In these common interest communities, each landowner has entered into a covenant and undertaken equitable obligations for...

As the weather starts to turn from winter to spring, a great transformation happens in this part of the country: people begin to come out of their homes and start spending more time outdoors.  With the increase in yard work, outdoor recreational activities, and leisurely strolls through the neighborhood, a great American past-time begins to sprout alongside the daffodils and tulips: garage...

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...

If asked, many would say that the most important things a homeowners association takes care of are collecting assessments and enforcing the rules and regulations. In economically prosperous times, it’s a virtual no brainer–get a reserve study, create a budget, and assess accordingly. Associations need to design a concrete set of rules, an enforcement resolution, and a schedule of fines, and...