profdan_h

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Viewing 15 posts - 1 through 15 (of 37 total)
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  • profdan_h
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    Hi Lily,

    If there was no prior HOA and your neighbors are just creating one now, you are not obligated to join. Membership is not mandatory. You can simply refuse to become a part of the HOA.

    Hope this helps.

    in reply to: Gate Keeps Getting Broken #377160
    profdan_h
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    Hi Liz,

    First of all, I understand your frustrations. However, I also understand why residents feel they have no other choice but to force their way in since the gate won’t open for them.

    It is important to investigate why the gate keeps malfunctioning in the first place. Perhaps it is an issue your gate company or provider can resolve. There must be something wrong with the system for it to constantly stop working, therefore not allowing the gate to open. Solving the root cause of the problem is the key here.

    If it is not an issue with the gate or system itself, perhaps it is more of user error. This means there is a lack of education on the part of residents. Consider setting up a meeting or session where you can teach residents how to properly open the gate and what they can do if it does not respond. Send out instructions in the form of pamphlets or flyers. Include it in your announcements, newsletters, and social media posts. Educating residents on the proper use of the gate is a good way to limit user error and the subsequent breakdown of your gate.

    I would also suggest having a guard on post. It would simply be unreasonable to ask a board member or your community manager to remain on-call 24/7 in case of something like this. If a resident has trouble opening the gate in the wee hours of the morning, a board member or manager would have to pry themselves out of bed and personally tend to the problem, assuming they can’t resolve the issue remotely. The resident in question would also need to wait a good while until the board member or manager reaches them, which would be inconvenient for all parties involved.

    Having a guard on standby or on post would be of help. They can help residents open the gate if they can’t do it themselves. Of course, this would mean having to hire an employee, which opens your community to an entire host of other potential problems and liabilities, especially if you don’t already employ regular workers. Perhaps you can ask your management company or gate provider for assistance with this.

    I hope this helps!

    in reply to: Paying Dues at Meetings #376860
    profdan_h
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    Hi @LizB,

    As far as I know, Texas law does not regulate this. However, your governing documents might. Check your CC&Rs and bylaws to see what payment methods and forms of payment your HOA accepts. If collecting dues personally at meetings is not permitted by your governing documents, then I would refrain from doing so as it would violate your rules.

    Moreover, while I understand why you wish to adopt this practice, it does not seem to be wise as it would expose you to certain risks. For one thing, there is a risk of checks or payments getting lost in transit. There is also a greater risk of fraud or theft, as the person in charge of collecting these payments could easily “misplace” them. Lastly, there is a risk of poor tracking or recording. You would issue receipts to owners, yes, but you would also need to establish a strict recording system to monitor owners who paid in person. This system must be accurate and secure.

    With other payment methods, there is an easy way to keep track of cash movement. Electronic payments have an audit trail you can conveniently check, complete with timestamps. When you accept physical payments, all you have are written receipts and logs — things that can easily be manufactured or faked. You would have to rely on “he said, she said” when a dispute comes up.

    Of course, the decision is entirely up to your HOA board, provided your governing documents allow this type of setup.

    Hope this helps.

    in reply to: Federal Income Tax on HOA Interest Income? #376525
    profdan_h
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    Hi David,

    As far as I’m aware, interest income is taxable regardless of which form you use (Form 1120 or 1120-H). I’d check with your HOA accountant for clarification if I were you, though.

    Hope this helps.

    in reply to: Remove a director #376308
    profdan_h
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    Hi Kidjus79,

    The process and requirements for removing a director depend on where you are. State statutes can differ. Generally, though, you would need to call a special meeting and put it to a vote. If a majority of members approve the removal, then the director may be removed. Your bylaws should also tell you how you can remove a director.

    Hope this helps.

    in reply to: Waiving HOA assessment fees #375950
    profdan_h
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    Hi,

    I’d check the governing documents of the HOA to see if this arrangement is possible. Generally, it is NOT a good idea to waive an owner’s fees in exchange for services. Instead, have the homeowner pay their fees as anyone else would. Then, the HOA can simply compensate the owner for services, much like a vendor. This establishes a more standard and professional way of doing things. It also leaves a paper trail in terms of notices, invoices, receipts, etc.

    Hope this helps.

    in reply to: HOA Docs #375949
    profdan_h
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    Hi,

    Your HOA should have a copy of all governing documents. Ask your HOA board or manager for a copy. You could also go to your county recorder’s office for a copy.

    Hope this helps.

    in reply to: Easement for Dock #375948
    profdan_h
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    Hi,

    I think what you’re requesting is possible. I have personally not experienced it but I don’t see why it wouldn’t be possible. I’d go ahead and check with your lawyer. This isn’t something that just anyone can tackle.

    Hope this helps.

    in reply to: ARC reviews #375853
    profdan_h
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    I think it might, but there is room for interpretation. Check with your board.

    in reply to: Occupancy violation – Age and count #375852
    profdan_h
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    Your HOA might be in violation of the Fair Housing Act if it has an age restriction. I’d check with a lawyer if I were you.

    in reply to: Developer Controlled HOA & CCR Amendments #375851
    profdan_h
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    It generally depends on your governing documents. Your declaration should clearly lay down the procedures and requirements for making amendments, but declarants/developers sometimes have special powers. If you’re a condominium, Section 66-27-317 of the Tennessee Condominium Act of 2008 probably applies (https://casetext.com/statute/tennessee-code/title-66-property/chapter-27-horizontal-property/part-3-tennessee-condominium-act-of-2008-units-and-allocation-of-common-and-limited-elements/section-66-27-317-amendment-of-declaration).

    This section states:

    “(a) Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310, the association under § 66-27-207, § 66-27-306(d), § 66-27-308(c), § 66-27-312(a), or § 66-27-313, or certain unit owners under § 66-27-308(b), § 66-27-312(a), § 66-27-313(b), or § 66-27-318(b), and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
    (b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded.
    (c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of the parties executing the amendment.
    (d) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners.
    (e) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant.
    (f) Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.”

    in reply to: need HOA management. co. #375850
    profdan_h
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    This website actually has a good directory. Here’s the page for Houston: https://www.hoamanagement.com/city/houston/

    Hope this helps.

    in reply to: HOA denied my request for membership list #375591
    profdan_h
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    Perhaps you can approach the board and ask them to reconsider. Write an appeal and let them know that you will not be using the list for commercial purposes.

    in reply to: HOA denied my request for membership list #375589
    profdan_h
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    Hi @melcenaryx,

    According to Section 38-33.3-317 of the Colorado Common Interest Ownership Act, membership lists may not be used for commercial purposes, the solicitation of money, or any other purpose unrelated to the unit owner’s interest as a unit owner. The board must give its express permission otherwise. This could be why your board denied your request.

    Hope this helps.

    in reply to: What to say in a letter announcing FINES. #375584
    profdan_h
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    Hi,

    This might help: https://www.hoamanagement.com/notice-of-fines-for-rules-violation-template/

    Also, make sure your governing documents reflect your HOA’s authority to impose fines in the first place.

Viewing 15 posts - 1 through 15 (of 37 total)
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