Amending Governing Documents- Utah

A common question of HOA directors and managers is “How often should the Association be amending its governing documents?” A common answer provided by HOA lawyers is “It depends.” This brief article outlines a few important considerations in deciding whether it is time to amend. Overview of Governing Documents HOA’s are governed by the following […]

Responding to HOA Records Requests- AZ

HOAs and community managers receive requests for records and information almost daily.  In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona HOA’s responsibility to respond to requests for records and information from its homeowners? HOA document […]

Amending Governing Documents-AZ

It is always interesting to me to see how many members of homeowner association boards of directors have not read or regularly reviewed their association’s CC&Rs and other governing documents. I think that most would agree that every board member should be familiar with the governing documents of their association. As a member of the […]

Amending Governing Docs: An Overview- OR

There are many topics to consider when discussing community association governing documents. This includes the differences between the Declaration (CC&Rs), the Bylaws, the Plat, the Articles of Incorporation, and association rules, regulations, and resolutions; how the Oregon Condominium Act, Oregon Planned Community Act and Nonprofit Corporations Act are used as “gap-fillers”, in most cases, to […]

What is an Association Document?

Many owners believe that as members of a community association, they are entitled to inspect association records at will and at any time. An owner’s request to see the association records may happen for any number of reasons, such as when an owner feels that assessments are too high and sets out on a quest […]

Association Records and Retention

Association records, especially for older associations, may become voluminous over time.  While there is no clear definition of what constitutes an “association record,” generally, any document that involves association business is considered a “record.”  And yes, that probably means email communications between board members. Records are important for obvious reasons.  They may show how or […]

Amending HOA Governing Documents

Most homeowners associations are governed by a declaration of restrictive covenants (also known as CC&Rs) and bylaws. Both of those documents typically require a vote of the membership in order to amend. Recently, many homeowners associations are contemplating amending their governing documents because the documents are outdated, they don’t address issues particular to the association, […]

Sensitive Documents

Homeowners association and condominium owner association boards are frequently confronted with the question: what should the board do when a homeowner requests sensitive association documents? Frequently the homeowner seeking the documents is angry with the Board and is threatening to sue the Association. While Boards would usually prefer to refuse these requests, Oregon law generally […]

Governing Documents

Build HOA Rules, HOA Bylaws, HOA Covenants That Will Stand the Test of Time Most homeowner associations are governed by a declaration of restrictive covenants (also known as CC&Rs) and bylaws. Both of those documents typically require a vote of the membership in order to amend. Recently, many homeowner associations are contemplating amending their governing […]