Texas new laws to protect homeowners from HOA's

WendyM5 (North Carolina)
Posts: 1,522

Posted:

https://www.texasrealestate.com/members/posts/new-hoa-laws-go-into-effect-today/

Wasn't there a crazy HOA that prevented a homeowner from putting up a fence around her pool with $100K+ fines? I think the law below is a result of that case. Can't find that original HOA fight on google anyone remember it? anyways main points of law is below:

Fees are capped for delivery of subdivision information, including the initial resale certificate (at $375) and updated resale certificates (at $75).

TREC will create a publicly accessible central database of Texas HOAs by December 1, 2021. HOAs that have filed management certificates in county records before December 1, 2021 are required to file with TREC by June 1, 2022.

HOAs that have at least 60 lots or have contracted with a management company are required to make a current version of dedicatory documents available on a website maintained by the HOA or management company.

All HOAs are required to file dedicatory instruments with the county (counties) and provide certain contact information on all dedicatory instruments and management certificates.

Property owners have new protections from negative credit reporting when a fine or fee is in dispute, and HOAs are required to give a detailed report of charges and offer a payment plan before reporting delinquencies.

New laws improve some conflicts of interest within HOA architectural review boards.

HOAs are barred from requiring access to lease agreements and are only allowed to request a tenant’s contact info and lease beginning and end dates.
HOAs are required to solicit bids for contracts for services over $50,000.

HOAs are barred from prohibiting certain pool safety enclosures, the installation of certain security measures on an owner’s private property, or certain religious displays.

HOA boards are required to provide members with timely notice about meetings.

New laws improve due process in dispute resolution and provide additional legal avenues when seeking resolution from a dispute with an HOA.

vis ta vie

MelissaP1 (Alabama)
Posts: 13,836

Posted:

New laws to protect from ourselves? A HOA is not a they or them. It is you and your neighbors. Or in some cases made up of a bunch of Karens who want to complain to or about the management...

Former HOA President

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By MelissaP1 on 12/26/2022 12:09 PM
New laws to protect from ourselves? A HOA is not a they or them. It is you and your neighbors. Or in some cases made up of a bunch of Karens who want to complain to or about the management...

new laws to protect neighbors from people like you who will trample over their rights and gleefully point out how some piece of paper lets them.

vis ta vie

JimR24 (Texas)
Posts: 399

Posted:

Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

Lovin' life with my honey!
and, President of HOA in Texas

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By JimR24 on 12/26/2022 3:28 PM
Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

yes I noticed that. Texas Realators were getting pissed off that HOA's would screw the buyers with last minute trasfer fees. The law limited the maximum fees.

vis ta vie

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By MelissaP1 on 12/26/2022 12:09 PM
New laws to protect from ourselves? A HOA is not a they or them. It is you and your neighbors. Or in some cases made up of a bunch of Karens who want to complain to or about the management...

That Karen meme is getting old. It's a rude stereotype about middle age white women. Do you have some statistics that back up that middle-age white women complain more about their HOA's than any other group?

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By WendyM5 on 12/26/2022 3:41 PM

Posted By JimR24 on 12/26/2022 3:28 PM
Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

yes I noticed that. Texas Realators were getting pissed off that HOA's would screw the buyers with last minute trasfer fees. The law limited the maximum fees.

Right-on Wendy.

Lovin' life with my honey!
and, President of HOA in Texas

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JimR24 on 12/26/2022 3:28 PM
Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

This site is not run by the Texas Real Estate Commission (a state agency) or any other state agency. It's run by some private organization that advocates for Texas realtors and property rights.

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By ElleN on 12/27/2022 6:19 AM

Posted By JimR24 on 12/26/2022 3:28 PM
Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

This site is not run by the Texas Real Estate Commission (a state agency) or any other state agency. It's run by some private organization that advocates for Texas realtors and property rights.

Ah okay Ellen - that explains lots. Appreciate the info. Thanks!

Lovin' life with my honey!
and, President of HOA in Texas

CathyA3 (Ohio)
Posts: 6,299

Posted:

Again with the "oh those awful HOAs" meme.

I have great news for all of you! There is a solution to this: don't buy property in HOA! You have a choice. Nobody holds a gun to your head and forces you to sign closing papers. Unfortunately nobody holds a gun to buyers' heads and forces them to actually read all of the contract terms they're agreeing to abide by, otherwise maybe some of them would have a clue as to what they're getting themselves into.

But if you do sign those papers, you become the financial and legal partner of a bunch of strangers. Some of these strangers will be idiots. These strangers can tell you what to do. You signed papers agreeing to this. You have obligations as well as rights. Surprise!

But I have more great news! You're not stuck. You can sell your home and move somewhere that better suits you. There are lots of folks out there who will help you do this.

But if instead you want to remain in the HOA and keep griping when things aren't your liking, you can do that, too. Doesn't sound like a prescription for a satisfying life, but it takes all kinds to make a world.

/s

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By CathyA3 on 12/27/2022 7:11 AM
Again with the "oh those awful HOAs" meme.

I have great news for all of you! There is a solution to this: don't buy property in HOA! You have a choice. Nobody holds a gun to your head and forces you to sign closing papers. Unfortunately nobody holds a gun to buyers' heads and forces them to actually read all of the contract terms they're agreeing to abide by, otherwise maybe some of them would have a clue as to what they're getting themselves into.

But if you do sign those papers, you become the financial and legal partner of a bunch of strangers. Some of these strangers will be idiots. These strangers can tell you what to do. You signed papers agreeing to this. You have obligations as well as rights. Surprise!

But I have more great news! You're not stuck. You can sell your home and move somewhere that better suits you. There are lots of folks out there who will help you do this.

But if instead you want to remain in the HOA and keep griping when things aren't your liking, you can do that, too. Doesn't sound like a prescription for a satisfying life, but it takes all kinds to make a world.

/s

Well said Cathy - couldn't have said it better myself...lol...

Lovin' life with my honey!
and, President of HOA in Texas

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By CathyA3 on 12/27/2022 7:11 AM
Again with the "oh those awful HOAs" meme.

I have great news for all of you! There is a solution to this: don't buy property in HOA! You have a choice. Nobody holds a gun to your head and forces you to sign closing papers. Unfortunately nobody holds a gun to buyers' heads and forces them to actually read all of the contract terms they're agreeing to abide by, otherwise maybe some of them would have a clue as to what they're getting themselves into.

But if you do sign those papers, you become the financial and legal partner of a bunch of strangers. Some of these strangers will be idiots. These strangers can tell you what to do. You signed papers agreeing to this. You have obligations as well as rights. Surprise!

But I have more great news! You're not stuck. You can sell your home and move somewhere that better suits you. There are lots of folks out there who will help you do this.

But if instead, you want to remain in the HOA and keep griping when things aren't your liking, you can do that, too. Doesn't sound like a prescription for a satisfying life, but it takes all kinds to make a world.

/s

How many people knew what they were getting themselves into when they bought into their first HOA? I can speak for myself and the answer is I didn't, and I underwrote for loans in HOAs while working for Countrywide back in the early 2000s.

So after my first experience, I did make the decision I was better off not living in one. True, not all HOAs are the same, but fool me once, shame on me.

LisaB21 (Texas)
Posts: 97

Posted:

These laws went into effect last year - September 1, 2021. Not recent news

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By WendyM5 on 12/26/2022 3:41 PM

Posted By JimR24 on 12/26/2022 3:28 PM
Interesting happening. Take a look at the website setup by the Texas Real Estate Commission.

https://myhoastory.com/

yes I noticed that. Texas Realators were getting pissed off that HOA's would screw the buyers with last minute trasfer fees. The law limited the maximum fees.

I can speak for California only. The California legislative body has mandated that new people buying into an HOA be provided with certain documents prior to closing. While the legislators have put a cap on what an HOA can charge, but not on a third party such as a management company actually providing the documents and resale information on behalf of the HOA.

I read a number of the reader's comments and found a basic lack of understanding of what an HOA really is. I think that while legislators are creating all these bills, they mandate buyers attend and pass an intro to HOA living course before they can even buy into an HOA property.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CathyA3 on 12/27/2022 7:11 AM
Again with the "oh those awful HOAs" meme.

I have great news for all of you! There is a solution to this: don't buy property in HOA! You have a choice. Nobody holds a gun to your head and forces you to sign closing papers. Unfortunately nobody holds a gun to buyers' heads and forces them to actually read all of the contract terms they're agreeing to abide by, otherwise maybe some of them would have a clue as to what they're getting themselves into.

But if you do sign those papers, you become the financial and legal partner of a bunch of strangers. Some of these strangers will be idiots. These strangers can tell you what to do. You signed papers agreeing to this. You have obligations as well as rights. Surprise!

But I have more great news! You're not stuck. You can sell your home and move somewhere that better suits you. There are lots of folks out there who will help you do this.

But if instead you want to remain in the HOA and keep griping when things aren't your liking, you can do that, too. Doesn't sound like a prescription for a satisfying life, but it takes all kinds to make a world.

/s

Well said.

KerryL1 (California)
Posts: 14,550

Posted:

Wanting to live in the middle of an urban setting on the Calif. coastline in a high rise condo, we had NO choice but to buy in an HOA. We'd owned in a low rise HOA on a little lake in Charlotte NC, and rented in a high rise HOA on the Lake in Chicago, so were a little familiar with HOAs.

Luckily, everything about HOA life suits us, and I made it my "job" to actively serve on the Board for a number of years until recently. My spouse has been active in our HOA in numerous ways. We have no unreasonable rules here and CA is a pretty HOA-owner friendly state.

Learning about CA HOAs and about my own is interesting to me.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By CathyA3 on 12/27/2022 7:11 AM
Again with the "oh those awful HOAs" meme.

I have great news for all of you! There is a solution to this: don't buy property in HOA! You have a choice. Nobody holds a gun to your head and forces you to sign closing papers. Unfortunately nobody holds a gun to buyers' heads and forces them to actually read all of the contract terms they're agreeing to abide by, otherwise maybe some of them would have a clue as to what they're getting themselves into.

But if you do sign those papers, you become the financial and legal partner of a bunch of strangers. Some of these strangers will be idiots. These strangers can tell you what to do. You signed papers agreeing to this. You have obligations as well as rights. Surprise!

But I have more great news! You're not stuck. You can sell your home and move somewhere that better suits you. There are lots of folks out there who will help you do this.

But if instead you want to remain in the HOA and keep griping when things aren't your liking, you can do that, too. Doesn't sound like a prescription for a satisfying life, but it takes all kinds to make a world.

/s

So you are against laws that make life more fair and equitable for everyone? who would of guessed you had a my way or the highway philosophy?

I think you missed the point. More and more states are limiting the power of HOA's because of a few bad apples. If you dont' like your state's new laws I got a good solution for you, you can move to a new state with laws you like better! Does that sound unreasonable? Cause it's the exact arguement you are suggesting.

vis ta vie

CathyA3 (Ohio)
Posts: 6,299

Posted:

Max brought up a good point. Often the only way to really understand what you've bought is by living in an HOA for a while. I wish that weren't the case, but I don't see any way around it. It's related to our discussions on making yourself an effective board member. Training is great - essential even. But it will only get you part of the way - it takes on the job experience to really solidify what you've learned. I bet that every experienced board member on this site will say that some of the decisions they made as newbies would not be decided the same way today - they know much more now.

Ultimately HOAs are made up of people, and there's no quality control on people.

Some of your neighbors/business partners will be kind, considerate, responsible, and a joy to be around. Some will be rude, short-sighted, petty, vindictive, power-hungry, and they'll hate puppies. Sometimes the second group ends up on community association boards. Laws and regulations help, but at some point you're playing whack-a-mole since there seems to be an endless supply of these folks.

To paraphrase a well-known adage, the price of a well-run HOA is eternal vigilance. Folks living in HOAs will be happier if they realize that some of the bad stuff goes with the territory and can be part of business partnerships. And it's OK to decide that living in an HOA isn't for you. The pros and cons will shake out differently for different homeowners and different communities, and sometimes even for the same homeowners and communities at different times.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

this is not a discussion on whether to live in an HOA or not. It's about a specific texas law. This groups has no clue on how to stay on topic. You want to talk about the +/- of HOA's then start your own thread where you can rant about the same stuff over and over and over. it's so predictable

vis ta vie

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By WendyM5 on 12/27/2022 10:20 AM
this is not a discussion on whether to live in an HOA or not. It's about a specific texas law. This groups has no clue on how to stay on topic. You want to talk about the +/- of HOA's then start your own thread where you can rant about the same stuff over and over and over. it's so predictable

Wendy - just speaking for myself here, but i thought this thread was going pretty good. I have been enjoying reading everything - and i am glad i found this site. Lots of interesting comments here and very informative....just sayn'

Lovin' life with my honey!
and, President of HOA in Texas

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By JimR24 on 12/27/2022 10:24 AM

Posted By WendyM5 on 12/27/2022 10:20 AM
this is not a discussion on whether to live in an HOA or not. It's about a specific texas law. This groups has no clue on how to stay on topic. You want to talk about the +/- of HOA's then start your own thread where you can rant about the same stuff over and over and over. it's so predictable

Wendy - just speaking for myself here, but i thought this thread was going pretty good. I have been enjoying reading everything - and i am glad i found this site. Lots of interesting comments here and very informative....just sayn'

my apologies, I'm sure for new people it's interesting, but go back and see how there is zero dicusssion on the Actual Texas Law. So many threads are like this, they just boil down to predictable vague comments. It gets old after a while.

I was hoping someone from Texas might chime in and say exactly how ARC power has been reduced or how glad they are that pool safety fences are allowed, etc.

vis ta vie

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By WendyM5 on 12/27/2022 10:20 AM
this is not a discussion on whether to live in an HOA or not. It's about a specific texas law. This groups has no clue on how to stay on topic. You want to talk about the +/- of HOA's then start your own thread where you can rant about the same stuff over and over and over. it's so predictable

Unless you are looking to move to Texas, how do laws in Texas help your situation in North Carolina?

KerryL1 (California)
Posts: 14,550

Posted:

You still might get some comments from the several good Texas posters, Wendy. But demanding that the rest of us "should" want to respond to your constant posts about lawsuits against HOAs, and how nasty HOA boards are, and what laws may or may not help, are not the purpose of this forum.

My understanding is that there are plenty of sites where posters can piss & moan about HOAs.

By way of contrast, "Ol Jim" is not new to this forum or to serving on HOA boards. I welcome the return of his positive attitude.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By KerryL1 on 12/27/2022 1:14 PM
You still might get some comments from the several good Texas posters, Wendy. But demanding that the rest of us "should" want to respond to your constant posts about lawsuits against HOAs, and how nasty HOA boards are, and what laws may or may not help, are not the purpose of this forum.

My understanding is that there are plenty of sites where posters can piss & moan about HOAs.

By way of contrast, "Ol Jim" is not new to this forum or to serving on HOA boards. I welcome the return of his positive attitude.

it's unbelievable how defensive some posters are. If I post anything about new laws restricting HOA's people act like its a personal attack. I dont' want anyone to reespond to any of my posts unless it's on topic. just look at this post ZERO on topic replies. it's sad.

A positive attitude is being able to look at a subjective law and respond like an adult not a power hungry board person. Get over it. Nothing in this post said all HOA's are bad, stop being so sensitive.

vis ta vie

BarbaraT1 (Texas)
Posts: 821

Posted:

Those laws were part of the 2021 legislative session. Some are good, some are redundant, some weren’t thought through at all.

Governing documents have always been required to be publicly available on the relevant county database. The TREC website for management certificates is a pure money grab for TREC.

Capping the price of resale certificates just means management companies will raise fees in other areas to compensate, and the idea of government mandating what a private, for profit business can charge for its services is troubling.

Requiring the ACC and board to be separate bodies makes sense - but HOA members are going to have to step up and volunteer to fill those positions.

Changing meeting notices from 72 hours to 144 hours - fine, will perhaps force some boards to be more organized. But they made an exception for “special meetings” that can still have 72 hour notice and you can make just about any meeting a special meeting.

There’s a new, vague, poorly defined hearing process for violation appeals, and a lot more paperwork in general for lawyers and managers, which homeowners will ultimately be paying for.

The associations that do the right thing will keep doing the right thing, just with extra hoops to jump through, and the associations that never cared about doing the right thing have more things to not care about.

I am generally in favor of legislative protections for HOA members - it’s a weird industry that doesn’t afford consumers the ability to do meaningful research before spending their money. There’s too much that homebuyers don’t know they don’t know.

The two reforms I’d most like to see are licensing of managers and mandatory HOA education for first time home buyers. Like you can’t get a mortgage unless you attend this class about what an HOA is and how it works.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By BarbaraT1 on 12/27/2022 2:27 PM

The two reforms I’d most like to see are licensing of managers and mandatory HOA education for first time home buyers. Like you can’t get a mortgage unless you attend this class about what an HOA is and how it works.

That's interesting, do you know any state that has anything like that? And I appreciate the ontopic response!

vis ta vie

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By KerryL1 on 12/27/2022 1:14 PM
You still might get some comments from the several good Texas posters, Wendy. But demanding that the rest of us "should" want to respond to your constant posts about lawsuits against HOAs, and how nasty HOA boards are, and what laws may or may not help, are not the purpose of this forum.

My understanding is that there are plenty of sites where posters can piss & moan about HOAs.

By way of contrast, "Ol Jim" is not new to this forum or to serving on HOA boards. I welcome the return of his positive attitude.

Yes Kerry, it has been a while since i could be active on this board. I have missed it. I have good memories of this discussion board from several yrs ago and am excited about it being a part of it once again.

From what i remember in the past, this board kept the "wild west" nature of things to a whisper - but I know things evolve. Course now, i am from Texas and the wild west stuff suits me to a T"...lol.... oljim in texas

Lovin' life with my honey!
and, President of HOA in Texas

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Alaska
California
Connecticut
Florida
Georgia
Illinois
Nevada
Virginia
are the states that require a PM have a license according to this:
https://www.grandmanors.com/blog/does-your-state-require-community-association-managers-to-be-licensed

vis ta vie

KerryL1 (California)
Posts: 14,550

Posted:

I'm quite certain that Wendy is misciting the source. CA has no requirement that what we term her PMs here must be "licensed." In fact, I don't know if any state requires a "license." There probably are certain professional requirements to call oneself a certain title, like "Community Association Manager," or similar. Wendy often brags about it taking 2 minutes to find info, but too often provides misinformation. Let's see if a clarification is forthcoming.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By KerryL1 on 12/27/2022 5:22 PM
I'm quite certain that Wendy is misciting the source. CA has no requirement that what we term her PMs here must be "licensed." In fact, I don't know if any state requires a "license." There probably are certain professional requirements to call oneself a certain title, like "Community Association Manager," or similar. Wendy often brags about it taking 2 minutes to find info, but too often provides misinformation. Let's see if a clarification is forthcoming.

If you had taken that two minutes you would have determined that Florida requires HOA and condo managers to have a CAM license for HOAs over a certain size. But no. You chose to spread your own misinformation.

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By KerryL1 on 12/27/2022 5:22 PM
I'm quite certain that Wendy is misciting the source. CA has no requirement that what we term her PMs here must be "licensed." In fact, I don't know if any state requires a "license." There probably are certain professional requirements to call oneself a certain title, like "Community Association Manager," or similar. Wendy often brags about it taking 2 minutes to find info, but too often provides misinformation. Let's see if a clarification is forthcoming.

Well Kerry, u might be acquainted with the old saying (uh, updated recently) - 'some people might just as well post "I want attention" as their Facebook status'...lol....

Lovin' life with my honey!
and, President of HOA in Texas

KerryL1 (California)
Posts: 14,550

Posted:

I only know that CA has no such requirement, didn't refer to FL, and confessed I don't know if any states have a "license" requirement, versus, say a credential, certification or similar. I don't see any misinfo in my post.

ElleN states that FL does require an actual CAM "license" for associations over a certain size. That's a very good thing, imo. Is it CAI that offers these "licenses?"

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 12/27/2022 5:22 PM
I'm quite certain that Wendy is misciting the source. CA has no requirement that what we term her PMs here must be "licensed." In fact, I don't know if any state requires a "license." There probably are certain professional requirements to call oneself a certain title, like "Community Association Manager," or similar. Wendy often brags about it taking 2 minutes to find info, but too often provides misinformation. Let's see if a clarification is forthcoming.

Kerry

Did you actually read the citation that Wendy posted or was you too busy? The person named in the article was wrong, not Wendy.

KerryL1 (California)
Posts: 14,550

Posted:

Me was too busy. I'm also not interested in FL HOAs., but I did take a look. Wendy needs to be more selective in the materials chosen to cite. A state resource, for instance, is a better choice than an MC.

But I do want to say that Wendy has learned a lot since first starting to post here several months ago.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

my apologies. I listed the website so others could research it more if they wanted. Given the embezzlement cases I have read about I think it's a good idea for PM to be licensed in some way.

vis ta vie

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By WendyM5 on 12/27/2022 4:14 PM
Alaska
California
Connecticut
Florida
Georgia
Illinois
Nevada
Virginia
are the states that require a PM have a license according to this:
https://www.grandmanors.com/blog/does-your-state-require-community-association-managers-to-be-licensed

The author probably got the eight states above from a CAI site speaking to regulation of association managers, like https://www.caionline.org/Advocacy/Priorities/ManagerLicensing/Pages/default.aspx . Dig more and find that in California if a manager holds herself out to be a 'certified CID manager', then she has to meet requirements as given in Bus. & Prof. Code §11502.

KerryL1 (California)
Posts: 14,550

Posted:

Yes,elleN, but CA has NO requirement that a manager of an HOA must be licensed or certified. And, sure, someone can't call themselves many job titles without some sort of certification, credentialed, etc., e.g. realtor.

Wendy wrote re: Texas: "New laws improve some conflicts of interest within HOA architectural review boards." What does that mean? Sounds promising, but....

CathyA3 (Ohio)
Posts: 6,299

Posted:

Laws without reasonable enforcement measures are kinda worthless IMHO, and at worst can encourage a dismissive attitude toward any HOA rules.

Right now many homeowners' tool kits are limited to replacing the board with more competent people or going the legal route. In practice that can mean that the only people who get justice are those with enough time, energy, and money to pursue it - and that's assuming the cards will fall just right. Some states provide other options such as mediation, alternative dispute resolution or ombudsmen - certainly cheaper than lawyering up, but not magic wands that will automatically make things right.

Many people don't have the resources or desire to go through all this. Can't blame them, but that puts the heavy lifting onto the shoulders of those who do have these things.

ElleN (Idaho)
Posts: 4,420

Posted:

Wendy, I expect nearly all new HOA legislation in the last 15 years expands owner rights or is neutral, serving some other end. I agree that's a good thing.

Kerry, you said "CA has NO requirement that a manager of an HOA must be licensed or certified." That's simply false. If the manager presents themselves as "a certified CID manager", then the manager falls into a sub-category that California regulates in some detail. This is consistent with Wendy's point.

KerryL1 (California)
Posts: 14,550

Posted:

I'm sorry for using unclear language, elleN, In CA, a person can legally provide all of the functions of a certified, credentialed or licensed Community Association Manager or Common Interest Development Manager without any credentials, or licenses or certificates whatsoever. They can call themselves whatever they please so long as they do not pretend to be a CAM or other such titled professional.

I have not been "misleading" anyone nor have I made any "false" statements. These accusations are not only incorrect, they are petty.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By KerryL1 on 12/28/2022 1:39 PM
In CA, a person can legally provide all of the functions of a certified, credentialed or licensed Community Association Manager or Common Interest Development Manager without any credentials, or licenses or certificates whatsoever.

Oh Kerry... I am sorry you will not read the citations that demonstrate the falsehoods in your statement. I explained quite clearly above. I return the thread to Wendy's fine leadership, as you should too, with respect for her admirable efforts.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Me thinks Wendy has 2 ID's on this website... Or someone is drinking the koolaid...

Still don't understand how homeowners are being protected from a "HOMEOWNERS Association". Considering that it is an ASSOCIATION of HOMEOWNERS...

Former HOA President

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MelissaP1 on 12/28/2022 3:53 PM
Me thinks Wendy has 2 ID's on this website... Or someone is drinking the koolaid...

Still don't understand how homeowners are being protected from a "HOMEOWNERS Association". Considering that it is an ASSOCIATION of HOMEOWNERS...

So what your saying is homeowners don't need to be protected when their Boards are corrupt or not following applicable laws? Not even you can be this ignorant.

RogerJ1 (Texas)
Posts: 550

Posted:

The changes were 2021.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By MelissaP1 on 12/28/2022 3:53 PM
Me thinks Wendy has 2 ID's on this website... Or someone is drinking the koolaid...

Still don't understand how homeowners are being protected from a "HOMEOWNERS Association". Considering that it is an ASSOCIATION of HOMEOWNERS...

I guess maybe you should move here where HOA fees have doubled due to 2million + of suspected embezzlement.
fist link is arrest warrant
2nd link is local news coverage of the HOA that has 18,000 residents.

https://drive.google.com/file/d/12QnHSRfaur-k5IIX7PDAitV2vyBfNStZ/view

https://www.youtube.com/watch?v=58_2whbIEks

the community did everythign they were supposed to do, but without goverenmetn oversight the corrupt board literally ignored them for years while enriching themselves. Association of homeowners, lol, only for gullible fools who think HOA's are run by noble boardswomen/men.

vis ta vie

WendyM5 (North Carolina)
Posts: 1,522

Posted:

The FL board raised dues from 3.75 millio to 10 million in one year.
they rejected 1900 recall petitions
They called in a bomb threat into the annual meeting to avoid getting voted out.
They refused to hand over financial records.

Minor issues I'm sure they can work it out right Melissa?

vis ta vie

KerryL1 (California)
Posts: 14,550

Posted:

ElleN, please repeat my alleged falsehoods, because I truly cannot see them. Wendy is not accusing me of spreading falsehoods, you are.

Wendy wrote: "Alaska, California, Connecticut
Florida
Georgia
Illinois
Nevada
Virginia
are the states that require a PM have a license according to this: https://www.grandmanors.com/blog/does-your-state-require-community-association-managers-to-be-licensed"

If Wendy is saying that these states require one to have appropriate professional designated certificates/licenses/ credentials to call self a, for example, CAM, of course I agree with that assessment.

If Wendy is saying that CA, for instance, requires anyone performing the typical functions of a CAM in an HOA, is required by law to possess that designation, that is incorrect. It'd be best in any state if certain professional designations are required to be a community manager of an HOA/POA. With some sort of HOA ed. under their belts, they can at least try to educate ignorant HOA Board members. This could benefit owners.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By RogerJ1 on 12/28/2022 4:02 PM
The changes were 2021.

yep and I'm seeing how they have been received after 1 year of being in place. did a search and found no past discussions. since you live there have they impaced you in a good bad or neutral way?

vis ta vie

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Since it seems a few of you don't seem to get it... Your HOA is YOUR HOA. It has a set of rules (CC&R's, By-laws or ACC). Article of Incorporation is the document that incorporates your HOA in order for it to collect money and be incorporated. That is a document with rules on how to run the corporate portion. The other documents are for how the HOA should appear or maintain.

Not every HOA is the same. They are ALL INDIVIDUAL. They usually start out Developer owned/controlled with a "boilerplate" documents. However, if you read those documents they do allow for the owners to modify those documents upon their ownership/control. This is where you get the 51 % to 100% approval rates to make those changes with members. By-laws can take a lesser % than the CC&R's. The CC&R's typically are required to be filed with the county. Articles with the state. By-laws and/or ACC are usually internal HOA documents. (not always).

So guess what? It takes WORK to make the changes. That means you and your neighbors have to work together to make any changes. That can include changing the percentage of what it takes to make those changes. It can be how many board members you have. They do have to meet legal requirements. However, they can also be more strict in some areas mostly involving appearances etc...

Now if you don't like the rules as written then strap them boot straps up and get er' done. Stop going to a lawyer threatening lawsuits or trying to create more State laws etc... If you can't get the vote to make the changes, then that is the problem you and your neighbors need to work on. It's NOT anyone else's resposibility.

Guess what? I had to make those changes to our HOA rules. Took over 2 years to gather the votes. Plus a few thousand dollars to file and distribute. It took a lot of work, but that is what living in a HOA the way you want that HOA to be takes. Suck it up buttercup and work closer to home... It is where everything going to focus on no matter how many laws people create out there because they can't or not willing to do the work it takes....

Former HOA President

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By MelissaP1 on 12/29/2022 4:49 AM
Since it seems a few of you don't seem to get it... Your HOA is YOUR HOA. It has a set of rules (CC&R's, By-laws or ACC). Article of Incorporation is the document that incorporates your HOA in order for it to collect money and be incorporated. That is a document with rules on how to run the corporate portion. The other documents are for how the HOA should appear or maintain.

Not every HOA is the same. They are ALL INDIVIDUAL. They usually start out Developer owned/controlled with a "boilerplate" documents. However, if you read those documents they do allow for the owners to modify those documents upon their ownership/control. This is where you get the 51 % to 100% approval rates to make those changes with members. By-laws can take a lesser % than the CC&R's. The CC&R's typically are required to be filed with the county. Articles with the state. By-laws and/or ACC are usually internal HOA documents. (not always).

So guess what? It takes WORK to make the changes. That means you and your neighbors have to work together to make any changes. That can include changing the percentage of what it takes to make those changes. It can be how many board members you have. They do have to meet legal requirements. However, they can also be more strict in some areas mostly involving appearances etc...

Now if you don't like the rules as written then strap them boot straps up and get er' done. Stop going to a lawyer threatening lawsuits or trying to create more State laws etc... If you can't get the vote to make the changes, then that is the problem you and your neighbors need to work on. It's NOT anyone else's resposibility.

Guess what? I had to make those changes to our HOA rules. Took over 2 years to gather the votes. Plus a few thousand dollars to file and distribute. It took a lot of work, but that is what living in a HOA the way you want that HOA to be takes. Suck it up buttercup and work closer to home... It is where everything going to focus on no matter how many laws people create out there because they can't or not willing to do the work it takes....

Excellent words of wisdom Melissa - way to go! oljim in texas

Lovin' life with my honey!
and, President of HOA in Texas