Calculating HOA Dues
Saturday, 06 August 2022
The recent inflationary environment has meant that HOAs are dealing with rising costs on their end. Expenses such as property management and grounds maintenance have shot up along with everything else. HOAs have raised dues to shore up their own finances because of their escalating expenses. HOAs set their dues based on several formulas: Equal
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Mediation to Resolve HOA Disputes
Saturday, 06 August 2022
Although litigation is sometimes necessary, it is the worst possible outcome for an HOA. You never want to end up in court unless it is a last resort because it will be expensive and bitter. Mediation is one way for an HOA to potentially resolve issues with homeowners without having to go to litigation. A
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Resolving Disagreements Between HOA Homeowners
Thursday, 30 June 2022
The HOA may not have to get involved in a dispute between two owners. However, it may choose to in order to resolve a difficult issue that can eventually impact all the homeowners. The best thing that the HOA can do is to encourage the homeowners to talk amongst themselves and resolve their own dispute.
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Who Can be an HOA President?
Tuesday, 31 May 2022
There are two considerations when deciding on the president of the homeowners association: They are able to serve as president based on the bylaws of the HOA They have the qualifications and skills necessary to run the HOA In terms of the former, the HOA president needs to be a homeowner. They must follow the
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Do You Always Have to Follow HOA Restrictions?
Tuesday, 31 May 2022
Homeowners take a big chance when they do not follow HOA restrictions. The HOA has vetted and passed these rules as part of a process, and they have the power to enforce them. The HOA can levy fines on a homeowner and put a lien on the property when these fines are not paid. The
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Using ADR to Resolve HOA Disputes
Tuesday, 31 May 2022
HOA litigation can be expensive and draining for all parties involved. From the HOA’s perspective, while litigation is sometimes a must, it can also place a strain on the budget. Therefore, litigation should only be a last resort when the parties cannot resolve a dispute. There are steps that they can take short of litigation
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Understanding HOA CC&Rs
Wednesday, 27 April 2022
CC&Rs refer to Covenants, Conditions, and Restrictions. These limit the homeowner’s right to deal with their property as they please. They apply to all homeowners in the HOA. In part, they are intended to promote uniformity and allow all homeowners to enjoy the benefits of their own property. The CC&Rs are essentially the rules that
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What Laws Apply to HOAs?
Wednesday, 27 April 2022
There are many laws that apply to California HOAs of which boards must be aware. The failure to follow these laws can get an HOA into legal trouble, both with the state and in a lawsuit. Here are some of the major rules and regulations that HOAs must follow. The major California law that applies
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Do You Disagree with the Actions of Your HOA Board?
Wednesday, 27 April 2022
While state laws and the HOA’s own regulations give it power, that power is not unlimited. HOA residents have a right to be heard. If the HOA is following its own rules and enforcing them evenhandedly, it will be on solid legal ground. If not, it could be vulnerable to a lawsuit. When you disagree
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Can You Sue Your HOA?
Tuesday, 05 April 2022
HOA boards must be careful how they discharge their duties. Under California law, it is entirely possible for homeowners to sue the HOA under certain circumstances. HOA boards should always get legal help to avoid litigation if at all possible. There are three primary areas where homeowners may sue an HOA. They are: Breach of
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