Monthly Archives: July 2016

Financial Controls to Help Prevent Embezzlement and Fraud

Our law firm suggests that boards have the following accounting and financial controls in place to prevent embezzlement and fraud in their association: 1. Keep association records up to date; 2. Assign control of all reserve funds to the entire … Continue reading

Posted in Board of Directors, Community Association Law, Homeowner Associations, HOA, Finances, Financial | Leave a comment

One of the owners in our Association is losing his home in a Trustee’s Sale. What is that and what does this mean for our Association?

By Beth Mulcahy, Esq. If an owner becomes delinquent on his/her mortgage or deed of trust, the deed of trust company may initiate foreclosure proceedings on the owner’s property by noticing a Trustee’s Sale. Secure the association’s interests: A lien places the … Continue reading

Posted in Community Association Law, Homeowner Associations, HOA | Leave a comment

H.R. 4696 aka Helping Our Middle-Income Earners Act

On March 3, 2016, Congresswoman Anna Eshoo and Congressman Mike Thompson introduced Bill H.R. 4696, which can be cited as “Helping Our Middle-Income Earners Act” or the “HOME Act.” This bill is currently in the House Committee on Ways and … Continue reading

Posted in Community Association Law, Homeowner Associations, HOA | 1 Comment

A Board Code of Conduct – Good Idea or Bad Idea?

By Beth Mulcahy, Esq. I am often asked whether a board member code of conduct is a good idea or a bad idea. It really depends… Some boards need a code of conduct to clarify appropriate and not appropriate conduct … Continue reading

Posted in Board Meetings, Board of Directors, Community Association Law, Homeowner Associations, HOA, Community Association Management | Tagged , , , , | Leave a comment

How to Best Handle Harassment of Association Board Members at the Board Meeting

When dealing with disruptive people the need for responding in a controlled manner that deals with fact and eliminates emotion is crucial. Running the board meeting as a business meeting, in a way that is open, fair, adheres to the … Continue reading

Posted in Community Association Law, Homeowner Associations, HOA, Education, Safety in Associations | Leave a comment

Interviewing Questions for Hiring a New Management Company

By Beth Mulcahy, Esq. Is your Association Interviewing Management Companies? If so, here are some great questions to ask during the interview process: Management Office: What is the general appearance of the Corporate Office? What are the hours of operation? … Continue reading

Posted in Community Association Law, Homeowner Associations, HOA | Leave a comment

5 Tips to help new Board Members figure out what Community Association documents need to be kept and what to toss

Our firm has encountered situations where new board members were handed boxes of association records or been asked to review and ascertain what records the association should keep or send to the shredder. It is a big decision, but don’t … Continue reading

Posted in Community Association Law, Homeowner Associations, HOA | Leave a comment

Emergency Meetings

By Beth Mulcahy, Esq. During the Summer months, there are occasionally emergencies (such as flooding or monsoon/microburst damage) that require immediate board action. In these circumstances, the board can suspend the 48 hours notice of meeting to the membership required … Continue reading

Posted in Board Meetings, Board of Directors, Community Association Management, Education | Tagged , , , , | Leave a comment

THE ASSOCIATION HAS BEEN SERVED WITH A LAWSUIT…WHAT SHOULD WE DO NOW??

The normal emotions that rise to the surface when served with a lawsuit are fear and anger, but this is not a time to allow emotions to take control. There are clear actions that the association should take to protect … Continue reading

Posted in Board of Directors, Community Association Law, Homeowner Associations, HOA, Community Association Management | Tagged , , , | Leave a comment