[hoaprez3]

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Hi! You can also check here: https://www.davis-stirling.com/HOME/G/Grandfather-Clause

[hoaprez3]

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All you can really do is present your argument to them. You can’t do much about forcing them to make the same decision as you. Some things you might want to raise include:

-Where is the company going to install the tower?
-What is it going to look like?
-Is there any way they can make it blend in with the neighborhood?
-Is the company going to be responsible for all maintenance, repairs, and upgrades?
-How much access will you give the company? Can they just come and go as they please?

[hoaprez3]

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Are you talking about letting a telecommunications company install a cell tower in your POA? If so, I think it has its pros and cons.

Pros:
-Added revenue
-Better cell signal for owners

Cons:
-Unattractive
-Might be difficult to coordinate with the company
-Homeowners might be against it
-If you believe some studies, there might be health issues related to the signals

Check your CC&Rs as well if they allow you to do that sort of thing. If you decide to go for it, make sure to iron out all the specifics with the company. Get a good contract in place that favors the HOA. Have your lawyer check it.

[hoaprez3]

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As Dell said, it is very common to have 1-year terms for directors. Our bylaws stipulate 1-year terms.

[hoaprez3]

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I think it depends on your bylaws. Our bylaws say that amending them needs a vote from the board but not the members.

[hoaprez3]

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I agree with your attorneys. It seems like everything was going fine and dandy and that the owner who complained just wanted a reason to remove a board member so he could get on the board, too.

[hoaprez3]

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Even though HOA’s don’t earn income in a conventional sense, they do still earn them in the form of dues and assessments. You also incur expenses like maintenance, landscaping, management fees, etc. Hopefully your income is enough to cover your expenses as well as have enough left for reserves. If not, you need to reexamine your budget.

Bottom line, you still do need to file federal returns even if you don’t owe any taxes.

[hoaprez3]

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Yes, most states require homeowners associations to incorporate as nonprofits. You should also make sure to file the necessary documents, i.e. your declaration/CC&R’s, bylaws, etc.

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