Hellmuth & Johnson attorney, Phaedra Howard discussed various topics with HOALeader.com:
Owner’s Use of the HOA’s Meeting Room for Book Club Raises a Novel Question About Deposits
In this week’s tip, we help out an HOAleader.com reader who wants to know if their HOA is allowed to refund a damage deposit in the form of a credit to their account rather than actually paying them back for the deposit collected.
Read full article here.
HOA May Be Losing More Goodwill Than Interest It Gains by Holding Onto Owners’ Money
You are probably perfectly within your rights to charge owners a deposit for their use of an amenity. But an HOAleader.com reader wants to know if it’s reasonable for their HOA to issue a credit to their account if there’s no damage rather than just returning their money.
Read full article here.
A Worrisome Trend for Condo/HOA Boards Is Emerging in State Legislatures
Have you been watching news from state legislators across the country? You should be because they often don’t understand how condos and HOAs work, yet they plow through with legislation that makes your job harder.
It’s actually a trend.
The latest example comes from California, where legislators enacted a new law that became effectively immediately that capped fines at HOAs to $100. This is similar to changes made to Colorado law in 2022. And just a few months ago, Minnesota lawmakers imposed a dispute resolution system on condos and HOAs that’s drawing attention.
Read full article here.
Check Out These Holy Cow Provisions In a Condo/HOA Onsite Manager’s Contract
We saw a board member ask whether it’s normal for an onsite association manager’s contract to say that it requires a unanimous board vote to terminate the contract, that the manager will get severance if they’re terminated, and the contract is indefinite unless terminated.
Yowza. Our experts say these provisions need a second look. Let’s take each separately.
Read full article here.