One of the hottest topics when it comes to HOA rules has to do with displaying the American flag. Typically, the issue isn’t whether the flag can be displayed – your right to display the American flag is protected by Federal law – but rather how the flag is being displayed. And it’s this issue that has a homeowner in Alabama determined to keep her flagpole in the ground. Check out the following news story.
Are your HOA board members able to handle the load of managing your homeowners association, or do you need a professional? This is a great question to be asking and there are a few factors to consider. If your board can handle some of the responsibilities but doesn’t want to take on all that needs to be managed and get done, then you may consider splitting the work between your volunteers and outside professionals.
Celebrating the 4th of July might look like traveling to visit friends and family, taking a vacation, or hosting you're annual block party. If you're planning on sticking close to home and barbecuing, setting up some water play for the kids, and watching fireworks in your homeowners association remind residents of the following information.
Does your HOA board deal with noise disturbance complaints from members? Noise is an inevitable reality in a condominium homeowners association. Condominium dwellers live in such close proximity, it’s essential that all residents consider the effect that noise will have on their neighbors – especially when it comes to long-term considerations, such as deciding on floor coverings, where to mount the flat-screen television or when to knock out a wall.
An HOA board may get pushback from members in the association when it comes to rule violations. Members will get a violation letter and they'll respond back with, "How come I'm getting a violation letter when my neighbor is doing the exact same thing? You're not treating everyone the same?"
First, the member may not know that their neighbor is also receiving violation letters, but regardless, in an HOA everyone should be held to the same level of the rules and accountable to follow them. People shouldn’t be treated differently within the association. This is known as selective enforcement.
Each Association is unique, but more often than not your Association has at some point in the past – or will in the future – experience questions similar to the real-life issues addressed below. Continue reading to see if any of these real-life questions and expert answers from an HOA manager apply to your Association.
A common question asked among residents in a homeowners association is, how many board members should an association have? The answer is that it really depends on what the association's governing documents state. Typically, the number of HOA board members an association should have is found in the bylaws of the association. But in general, you should have a three- or five-member board of directors. Some have more, depending on the size of the association. A good starting place is to consult your bylaws.
An HOA board of directors has a fiduciary responsibility to the association. They're tasked with upholding the governing documents and the rules of the association. There's also the business judgment rule that says if the board receives expert advice on a topic, and they follow that expert advice, it provides them with a level of protection if there's a lawsuit against the board or the association.
Parking in a homeowner’s association is always a hot topic. From where it’s ok to park and not to park to enforcing parking rules and even issuing parking tickets, homeowners tend to be very territorial about their parking spaces - and adamant on making sure others living or visiting in the HOA don’t get away with ignoring the parking rules. That being said, sometimes you get a controlling HOA board that wants to take all parking matters into its own hands – going as far as issuing parking tickets. But can they do this?
Building community among residents in your homeowners association can be a challenge, especially in the world's current environment. People have busy schedules, won’t commit to attending events, aren't ready to be a part of larger gatherings, or simply don’t want to be bothered. However, if you host a gathering and nail it, then they’ll be more apt to attend next time, start getting to know their neighbors, and maybe even start to show interest in getting involved on a committee.