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RyanM3 (New York)
Posts: 2
Posted:
I was recently asked to be a board member of a five person board. I am now secretary. When I do something, I go all out and learn as much as I can, hence, my membership to this forum.

Does anyone know of a good book to start me off as to procedure of the general running of townhouse community?

Thanks in advance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes....your Convenants and Restrictions, Articles of Incorporation, by laws, and Archectual committee documents. It is best to start reading and knowing what you have and how they all work together and can change.

This is a really good site with lots of good information. You can feel free to be a board member or just interested in knowing what HOA questions you have. Not many HOA sites like this. So feel free to look up old posts but it is best to start new ones if you have new questions or info.

Welcome. Many of us were new to HOAs and we learned by hard knocks, experience, and knowing our documents. You have come to the right spot for understanding.... Or atleast we try....

Former HOA President
CharlesB20 (Colorado)
Posts: 15
Posted:
Hello, Ryan. Congratulations on your new role as secretary of your homeowner association.

There are many good resources available that you may be interested in. Some of the best are from the nationally recognized organization for HOA professionals, "CAI" (Community Associations Institute). For example...

- Complete Idiot's Guide to Parliamentary Procedure
- Meetings & Elections
- The Board Secretary: Roles and Responsibilities in Community Associations

.... to name a few. These and many other materials are available to CAI members as well as non-members. The prices to CAI members, I would point out, are sharply discounted, so you may want to consider joining CAI to have access to the various resources and publications at reduced prices. Check out the website:

caionline.org
RichardP13 (California)
Posts: 163
Posted:
A more helpful approach is www.caionline.org. They have a lot of free material.
CarolF (Florida)
Posts: 435
Posted:
Ryan - I am from Florida where there are specific statues (718) which apply to condos and (720) which apply to individual homes within HOA communities. I don't know anything about New York, but I hope someone here can advise about state statutes. These statutes have a great impact on how associations must function.
KerryL1 (California)
Posts: 14,550
Posted:
Looks like good advice for you, Ryan! We have one regular poster, Jon from NY, who might check in and can probably help you with state statures. CarolF is right, these statutes matter a lot and vary from state to state considerably. Unless they state otherwise, they supersede your HOA's governing documents.

Your own "governing documents," as Melissa points out also are very important. There is a hierarchy among them with your Articles of Incorporation at the top. Next are your CC&Rs (aka Covenants, Conditions and Restrictions; also Declaration). Next, bylaws, then Rules and Regulations. Your Architectural Guidelines might be part of your CC&Rs or might be a separate document.

You know, Richard and Charles, I just went (again) to the CAI website and can't find where the free literature is. Directions, please.

TimB4 (Tennessee)
Posts: 21,059
Posted:
In addition to your governing documents and applicable laws (typically the HOA/COA laws and corporate law), the following links may be helpful:

Fairfax County Community Association Manual based on VA laws, but is still a good plain language explanation of Assocaitions and how they should be ran.

Best Practices - Governance (pdf document) by the Foundation for Community Association Research

Links to other Best Practices publications by the Foundation for Community Association Research

Spotlight on You the Secretary pdf document by the National Association of Parliamentarians

links to Spotlight on Other Officer positions by the National Association of Parliamentarians

Subject: Reserve Studies/Funds 101 a thread on this forum, HOATalk. Has good links to other resources on Reserve studies.


HOW TO HANDLE PROBLEMS WITH YOUR HOMEOWNERS ASSOCIATION
from the NY Attorney General's site.

Community Associations Network NY page listing of news articles and references specific to NY

HOA-USA NY web page

There are others but there can be too much information.

Hope this helps,

Tim

RichardP13 (California)
Posts: 163
Posted:
This is a good document, HOA Board Toolkit

http://www.epohoa.org/library/articles/doc_view/89-the-board-member-tool-kit
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As Mel suggested the first read is your own docs. I have seen grief, anguish, stupidity, costly mistakes, etc. made by bright, smart BOD Members because they know their own docs.

This is also a great site to learn from.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
OOPS...no edit:

....because they did not know their own docs
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RichardP13 on 01/29/2015 3:50 PM
This is a good document, HOA Board Toolkit

http://www.epohoa.org/library/articles/doc_view/89-the-board-member-tool-kit

Forgot that one. Thanks Richard
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 01/29/2015 3:20 PM
There is a hierarchy among them with your Articles of Incorporation at the top. Next are your CC&Rs (aka Covenants, Conditions and Restrictions; also Declaration). Next, bylaws, then Rules and Regulations. Your Architectural Guidelines might be part of your CC&Rs or might be a separate document.

Actually, that hierarchy is incorrect. The CC&Rs are on top. If you think about it, it makes sense. Not every Association is incorporated. However, every Association has CC&Rs. The complete order would be:

1) Federal Laws (like Fair Housing Act, ADA, etc.)
2) Federal Regulations (like EPA or FCC)
3) State Laws (HOA, COA, Corporate)
4) State Regulations
5) County Codes
6) City Ordinances
7) The PLAT for the development (shows boundary lines, easements, etc.)
8) Declaration of Covenants Conditions and Restrictions (CC&Rs) i.e. the deed Restrictions
9) Articles of Incorporation (if your Association is incorporated)
10) Bylaws
11) Resolutions (formalized decisions by your Association Board. Examples would include architectural guidelines, Collections policy, Common Area/Amenities rules, etc.)

Quote:
Posted By KerryL1 on 01/29/2015 3:20 PM

You know, Richard and Charles, I just went (again) to the CAI website and can't find where the free literature is. Directions, please.

Here is a link:

http://www.caionline.org/info/help/Pages/ResourcesforHomeownersandBoardMembers.aspx

Note, each local chapter may have additional resources (some free, some available for a fee)
KerryL1 (California)
Posts: 14,550
Posted:
Oh, Jeez, thanks, Tim. I'd forgotten that the CC&Rs are top dog of an HOA's internal documents. I think the Articles were at one time and then it changed here in CA.

Your'e getting quite a list of resources, Ryan--don't try to assimilate too many at one time. In some HOAs, for instance, the CC&Rs are a few dozen pages. In other they can b 150 pages. So in a dense doc like that, start out with the definitions -- like a dictionary usually in the font and then turn too the CC&R article that seem relevant at the present time.

For instance, there might be a title: Responsibilities of the Board. Your certainly want to read that. Also make sure whether or not your Rules & Regs are a governing doc. Ours is, but they might not be in all HOAs. Genrally they an be changed by a board vote, where the CC&Rs and bylaws need an owners (members) vote to change and often require a large % to pass.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
All of the advise given sounds good. When I first became a Board member in addition to reading our documents I read the book "New Neighborhoods" that I checked out from our local library. I don't remember the authors' names. It was written by a couple of lawyers.

Of course one must check the copyright date of the book and sift through the processes advised as to what is legal in your state and according to your governing documents.

I made a mistake of asking a previous President for advice. Through the years I have learned this person is not a good person to ask advice of. I learned more from my own reading and studying that I did from any current or former Board member.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By BonnieG1 on 01/29/2015 7:39 PM

I made a mistake of asking a previous President for advice. Through the years I have learned this person is not a good person to ask advice of. I learned more from my own reading and studying that I did from any current or former Board member.

Agreed. All of the advice given here is only as good as YOUR complete understanding of YOUR documents, and the state laws that govern you. Those docs are easier to understand than most would say.

If you search through this forum, you will find people asking questions, I suggest you take some of these questions and try to find the answer within your own documents. It is a great way to learn them. Good luck and welcome to this site, you and your HOA will benefit from it!
JohnB26 (South Carolina)
Posts: 1,001
Posted:
LISTEN TO AND FOLLOW TimB
RyanM3 (New York)
Posts: 2
Posted:
I've read and annotated our by-laws. I've been keeping quiet and listening which I believe is important as well. I just want to be informed.

I'll try to check out everything that was suggested. Thanks for so many quick responses.

You'll be seeing more of me, I'm sure.

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