Board of Directors

The “Board of Directors” category contains articles of information that is pertinent to topics relating to a homeowner association’s board of directors.

Court Says Silence by HOA Board Not Deemed Approval of Pool House

Court Says Silence by HOA Board Not Deemed Approval of Pool House This case involved a dispute between two homeowners ("Owners") and their homeowners association ("Association") over Owners' right to construct a pool house that exceeded the size limitations imposed by Association's governing documents. Association had the following provisions in ...
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Criminal Background Checks Should be Routinely Performed on Potential HOA Directors

/ Board of Directors, Elections
Criminal Background Checks Should be Routinely Performed on Potential HOA Directors Following the turnover of control by their developers, condominium, property owners, and homeowners associations (hereinafter referred to collectively as “Community Associations”) are governed by a board of directors that is composed of members of the association. The members who ...
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Dealing With Board Members Who Don’t Play by the Rules

/ Board of Directors
Dealing With Board Members Who Don’t Play by the Rules Homeowners associations that govern condominiums and other common interest communities function through the efforts of volunteer directors, officers, management agents, and employees. The officers, management agents and employees play key roles in the operations of a homeowners association, but the ...
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Did HOA Board Act Outside The Scope of its Authority?

Did HOA Board Act Outside The Scope of its Authority? In this action an association member (“Owner”) sought to annul a license agreement between his property owners’ association (“Association”) and another owner. This content is for Subscribers. To continue reading, you must have a Subscription with HOA Member Services. Click ...
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Director Compliance with Financial Responsibilities

/ Board of Directors
Director Compliance with Financial Responsibilities It is common knowledge that homeowners associations are vulnerable to fraudulent financial (i.e. embezzlement and theft) activities by those who are entrusted with the management of the associations finances. To protect against losses from such fraudulent activities association directors must be conducting financial reviews on ...
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Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer

/ Board of Directors, Case Decisions
Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer This case involved a dispute between condominium owners (“Owners”) and their condominium owners’ association (“Association”) over the application of the “Business Judgment Rule” in a manner that protects Association from Owners’ claims for negligence when ...
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Directors’ Duty to Maintain Common Areas Requires Performing Deferred Maintenance

/ Board of Directors
Directors’ Duty to Maintain Common Areas Requires Performing Deferred Maintenance A fundamental duty of a homeowners association’s board of directors is the duty to maintain the association’s common areas. Notwithstanding said duty, a frequently encountered issue within homeowners associations pertains to the failure on the part of the association’s directors ...
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Disclosing Information about Litigation to Association Members

Disclosing Information about Litigation to Association Members A common issue that is addressed in homeowners associations concerns the duty of an association’s board of directors to disclose information about existing and threatened lawsuits that involve the association to members of the association. Some treat information concerning lawsuits as “confidential” information ...
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Does Short Term Rental Violate HOA Rules?

Does Short Term Rental Violate HOA Rules? This case involved a dispute between the owner of two townhomes (“Owner”) located within a townhome community governed by a community association (“Association”) over Owner’s right to rent its units “for short term hotel, vacation rental, and/or transient use.” Association contended that Owner’s ...
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Does Your HOA Have Established Qualifications for Those Who Serve as Directors?

/ Board of Directors
Does Your HOA Have Established Qualifications for Those Who Serve as Directors? It is commonplace for the governing documents of a homeowners association to have provisions that establish qualifications for those who serve on the association’s board of directors. The qualifications for serving on an association’s board would generally be ...
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Duties of Homeowners Association Directors

/ Board of Directors
Duties of Homeowners Association Directors Directors of community associations, like directors of other nonprofit corporations, are not guarantors of the success of the association and are not typically liable for mere mistakes in judgment. Courts require only that directors act as ordinary, prudent people and do not hold them to ...
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Effective Use of an Attorney by HOA Boards

/ Board of Directors
Effective Use of an Attorney by HOA Boards The board of directors of a homeowners association is responsible for properly managing the association’s business. In the real world, the people who are vested with the responsibility for making the decisions on behalf of a homeowners association are a diversified group ...
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Email Issues in the HOA: Directors Should Not be Conducting HOA Business by Email or Texting

/ Board of Directors
Email Issues in the HOA: Directors Should Not be Conducting HOA Business by Email or Texting Electronic communications through texting and email have become normal and accepted methods of communicating in our everyday lives.  As such, it is only natural that those who are responsible for the management of homeowners ...
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Establishing the Agenda for Business at HOA Board of Director Meetings

/ Board of Directors
Establishing the Agenda for Business at HOA Board of Director Meetings Homeowners associations conduct business through their directors and the various people who are designated as agents or employees of the association that may be delegated certain responsibilities and authority to act on behalf of the HOA Board of Directors ...
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Find out Who is Protected by the Business Judgment Rule

Find out Who is Protected by the Business Judgment Rule This case involved claims by the owner of a N.Y. Co-Op (“Owner”) against the Co-Ops board of directors (“Board”) and managing agent (“Manager”) for damages based on a failure to properly maintain the exterior of the building. This content is ...
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