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Self-Managed HOA Seminar

Published on Mar 16, 2016

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Self-Managed HOA Seminar

Michael Montag
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ENFORCEMENT

Today's Topic:
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It is the board of directors' fiduciary duty to enforce your association's governing documents

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Governing documents:

  • CC&R's (declaration)
  • Bylaws
  • Articles of Incorporation
  • Rules & Regulations
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Avoid making decisions

Take home lesson for today:
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In other words: clear, reasonable rules and procedures are critical

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Enforcement Basics

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Enforcement basics

  • Fines
  • Due Process
  • Enforcement Resolution & Schedule of Fines
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You identify a problem

From the beginning
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Your Governing Documents

What are you enforcing?
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Governing Documents only apply to  OWNERS

Who are you enforcing against?
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Complaint

From board member or other owner
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Investigation/Verification

No grudges or vendettas
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Notice

Make it informative
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Hearing

In an open board meeting
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Fine

Fines are assessments
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You need it

A note about proof:
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A note about style:
What matters most is the appearance of fairness and consistency

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Remember:
There's always someone playing defense

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Specific enforcement topics:

  • ARC
  • Smoking
  • Marijuana
  • Commercial use
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Michael Montag
mdm@vf-law.com

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