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New HOA, New Board Member, Suggestions for where to start.

Started by DarylA • 8 replies • 1546 views

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DarylA (North Dakota)
Posts: 1
Posted:
Hello, I apologize in advance if this not a proper discussion topic. I am not only new to the site, but also a new board member of a new HOA in a subdivision. We are governed by a CCR but other than that we have little or No guidance. Additional there are concerns by the home owners about ethic issues of the developer. Issues about liens placed on property by contractors not paid by the developer. Complete trial by fire right out of the gate. Any direction on how to use this site or direction of where to research would be appreciated. Is there perhaps a(why did you volunteer for this madness) dummies guide. Thank you in advance. The entire Board is committed to doing a great job but are inexperienced so Be aware for tips would also be appreciated.
GenoS (Florida)
Posts: 4,276
Posted:
Hi DarylA, welcome. An entirely appropriate topic. The search function on the board either doesn't work or is extremely flaky. Your best bet is to search for words and phrases using Google and include:

site:hoatalk.com

at the end of the search box (eh, I suppose you could put it first as well). If you use something besides Google you'll have to check for the right syntax to limit the search results to a specific site.

You should get a good list of topics that match what you're searching for. One thing to be aware of is the site has been operating for years, so check the dates of the latest posts in the threads you find via searching. It's almost always better to start a new topic than to start posting in one that's more than a couple of years old.

Is your HOA still under developer control? Sounds like it is, in which case the governing documents as they currently exist (with the developer still in control) and your state's laws are probably the best place to start looking for guidance on who can and cannot file liens and under what circumstances.

Once again, welcome! This site is a great resource. Possibly the best on the internet for honest and open sharing of ideas and experiences when it comes to HOAs and condos and the like.
GenoS (Florida)
Posts: 4,276
Posted:
Just to clarify, you're still likely to find a ton of useful information in the older threads. Laws and times change, however, so if you've got a question it's best to start a new thread rather than revive an old one. Use your best judgment.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Daryl,

Allow me to extend my welcome as well, and thank you for volunteering to be part of your Association.

I am of the understanding that the Association is still under control of the Developer. Is this correct? Or, is the developer still developing lots (even if they turned the Association over to the membership)?

I see that ND does not have HOA statutes (only condominium). Therefore, in general, here is some info you should be aware of:

Quackit homepage">ND NONPROFIT CORPORATIONS These statutes are applicable only if your Association is incorporated as a nonprofit (most are but check to be sure).

Community Associations Network (a sponsor of this site)
North Dakota page has good info and links in general and specifically for ND

DouglasK1 (Florida)
Posts: 2,046
Posted:
In addition to learning what you should do, it's also important to understand what what is not the HOA or board responsibility. For example, the mechanic's liens placed by contractors are an issue between the homeowners, the developer, and the contractors, not something the board needs to get in the middle of.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
I also welcome you, Daryl.

It always helps me to know a little about the HOA. Is yours detached homes? How many? How many are on the Board? Did the homeowners elect you?

Do you have bylaws, which should answer these questions: Do you have officers on your board? Generally officers are selected by directors from among themselves. Are there requirements to serve on the Board??

Do you have Architectural Guidelines?

Does your HOA have many contracts with, for example, groundskeeping firms or snow removal? Your Board wants to learn about any contracts you have.

There is a national organization about HOAs called Community Institute Association (CAI). I'm not a member, but I've read some of their publications, which can be very helpful. Some of their pubs are free. I think they have chapters in every state. Try googling them for ND.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Daryl

Welcome. A few pointers:

One major thing to keep in mind is if the Developer/Declarant is still in control they can pretty well do as they like. In these situations a BOD is usually nothing more than an advice giver and has no authority.

Laws/regulations will vary widely from state to state. FL and CA have the most of both in place whereas in SC the HOA (corporation) and the BOD are pretty free to do as they want such as BOD Meetings without notifying the owners or allowing owners to speak.

Laws/regulations can also vary within a state depending on the type/style of construction. SC has rules/regulations for high rise associations but none for non-high rise associations such as townhouse, standalone homes, duplexes, etc.

HOA Covenants, Bylaws, Rules & Regulations cannot override local/state laws and regulations but they can be tougher. One example is local regulations may say fences can be upto 8 feet tall but the HOA Covenants can say no fences over 4 feet and due to the fact that you signed/agree to the HOA Covenants, you agreed to the 4 foot height limit.

Typically Covenant and/or Bylaw changes will require a majority of owners agreeing to. In some case it could be a simple majority (51%) and in other cases it could be 2/3rds or more. I have seen some that required 90% of all owners agreeing to.

Typically BOD's can make Rules & Regulations as they see fit to without owner approval but these cannot override Covenants, Bylaws, etc. Back to the fence height example.

One contentious area you will see a lot of on this chat will be rentals and restriction on such. Not sure how applicable to your association though.

Again. Welcome and I hope these pointers start you in the right direction.

ArtT5 (Illinois)
Posts: 84
Posted:
For anyone who's willing to read a book on how to be a good HOA board member I recommend "Trade HOA Stress for Success." Great book for just ten bucks, or half that if you get the Kindle version. The authors chose a poor title for this book but it's full of useful information and sound advice. Lord how I wish the people on the board of the association where I live would read it.

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