With summer only a bit more than a month away, it is not uncommon to experience hail storms on a regular basis with some of them leaving a wide path of damage in their wake. …
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Should an HOA be Regulating “Adult” Activities?
Many of you may have read or heard the news story about certain ‘adult’ activities occurring in a single family home located in a homeowners association in Castle Rock. http://www.foxnews.com/us/2018/04/24/wild-sex-parties-in-upscale-colorado-community-disturbing-residents.html. However, should the homeowners association …
Continue readingTaking Board Action Outside of a Meeting
There seems to be a lot of confusion lately surrounding the requirements for a board of directors taking action outside of a duly called and held board meeting. Many boards meet infrequently and, therefore, need …
Continue readingAssociation Loans: Avoiding Default
It is not uncommon for an association to take out a loan to fund major repairs or renovations that become necessary in a common interest community. Whether the loan repayment is being funded through an …
Continue readingReligious Statue Removal
A homeowners association in New Mexico is requiring a homeowner to remove a religious statue from the front yard of his home. The statue has been present for over nine years. The homeowner also claims …
Continue readingPrairie Dog Extermination Stirs Debate
Some residents in a homeowners association in Parker are up in arms after the board allegedly exterminated prairie dogs with toxic gas in the open space behind their homes. http://kdvr.com/2018/04/02/parker-residents-upset-over-not-being-notified-of-praire-dog-extermination/ The article emphasizes the dilemma that …
Continue readingHOA in Ohio requiring Veteran to remove or move Flagpole flying U.S. or Air Force Flags
A recent news story reported that an HOA in Ohio is requiring an owner to remove his flagpole or attach it to his home. According to the story, the owner has flown either the United …
Continue readingAssociation Fines: Is $900,000 too much?
The Aspen Times recently reported that an HOA in Pitkin County is being sued over $900k in fines that it assessed against one of its homeowners. The fines were assessed against the homeowner as a …
Continue readingThe Court Amendment Process
I previously blogged about the Declaration amendment process and the limitations that CCIOA imposes on the requisite percentage of votes necessary to approve amendments. So, what happens if the association attempts to amend its Declaration …
Continue readingUnderstanding Declaration Amendments
Let’s face it, the amendment process for common interest community Declarations can be difficult for the average community association manager or board member to understand and decipher. Typically, an amendment requires the affirmative vote of …
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