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  • in reply to: Financial Reports for Homeowners #378509
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    Generally, the HOA is only legally required to provide the financial statements of the association. A break down of owners paid vs. unpaid, would be entirely at the discretion of the board.

    In our experience, they’re only required to provide it when a new owner is obtaining financing, or an existing owner is refinancing, and the lender could potentially request the amount of dues, number of homes, delinquency rate, etc. to understand the financial stability of the community before approving a home loan.

    Hope this helps!

    in reply to: Architectural committee requirements #377889
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    This is a very common issue we have seen come up over the years. We’ve even worked with associations that could not fill all of their named board positions due to lack of volunteers.

    A lack of volunteers does not invalidate the committee (or in some cases, the board). As long as you can show that there was sufficient communication given to the membership and there was documentation to back it up (for example, having a meeting and keeping minutes), then you should be fine if a homeowner were to try and challenge a ruling by the committee.

    In the event of a split vote by the committee, the ruling could be submitted to the board for a final review and vote.

    It’s important to remember that you are volunteers for a nonprofit entity. As long as you follow your governing documents the best that you can, and do not act in negligence or express discrimination to owners (allowing something for one, but not another), then you should be fine.

    Hope this helps!

    in reply to: Theft By HOA AND ATTY #377826
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    If the agency paid the check to the homeowners association (or their attorney on behalf of the HOA), then they’re not required to disperse those funds to you unless there was something in the agreement or terms from the agency. The future expenses simply means you have a credit on your HOA balance now. As dues are charged in the future, those excess funds will be used for those dues.

    in reply to: FB Group vs FB Page vs Website #377825
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    Facebook Groups and Pages are much easier to setup, but also harder to moderate…just part of the nature of social media today. And the larger your association, the more “noise” you’re going to get in the comments.

    There are several great options available for setting up a website, and is probably going to be the *best* way to keep members updated and give the board better control. It also prevents a rogue board member from taking over the FB Group or Page if they’re a moderator.

    If you’re a smaller association (less than 150 homes) and have a board that gets along well, FB should be fine (it’s also free!)

    If you have a larger community, I’d recommend leaving FB for the snarky folks with nothing better to do and the “free porch pickup posts” and keep the official communication via website and email distributions if the HOA can budget for it.

    in reply to: Rights of Declarant and the board of directors #377824
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    Most likely, the answer is yes. However, you’ll need to refer to your CC&Rs for the exact language. Usually the language will specify when a % of the homes / properties have been sold, or when a certain date as past.

    There may also be some changes in the powers and duties when transferred from the Declarant to the homeowner board. Usually you’ll see something like “class members” defined.

    Most often, the declarant has a little more authority, higher voting percentages per lot, or even the ability to amend the governing documents. Once transferred to the board, they have to follow the steps within the bylaws to have the governing documents amended (which usually involves a super majority vote of the owners).

    Hope this helps!

    in reply to: excluding non-members from meetings #377823
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    There are a few options:

    The board can have a sign in sheet (or app) and each participant verifies their name and property address so they can be allowed in.

    Other option would be for them to bring a copy of their account statement to show at the sign in area or they can have their account pulled up on their phone (assuming the board or management company provides this capability for the association).

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