GlenL - HELP

Started by MarianneG • 3 replies • 2061 views

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MarianneG (Indiana)
Posts: 170

Posted:

Several months ago, GlenL, you posted a list of items that should be considered when re-writing the Covenants -- that is, items that should be covered in our docs. At the time, I printed the list because it was so comprehensive and helpful. Now I can't find it, although I'm sure I placed it with the other material I've been collecting from this site. (I know I have even reviewed the list since I first printed it out - those household gremlins must have gotten it.)

In the next few weeks, I will convene a committee to review and probably rewrite our documents. I've searched this website, and still cannot find the list. Could you possibly direct me to the discussion topic where your list is stated? Thanks for any help you can give.

BTW, Happy New Year to all the fine folks whose comments on this website are so helpful to so many of us! Marianne

GlenL (Ohio)
Posts: 5,491

Posted:

Marianne is this what you were asking about?

Policies and Procedures

This came across my desk the other day and given some of the posts lately I wondered how many Associations actually took the time to sit down and write a policy and procedures manual? A tool so everyone knew in advance how to handle a situation instead of making it up as you go or relying on "Old Sam" who has been on the Board forever to remember how a Board in the past took care of it and more importantly published to the homeowners so they know that they will be dealt with fairly.

Policies Every Board Needs before They Are Needed

Collection Policy
Policy on Publishing Names of Delinquent Homeowners
Enforcement Policy and How to Appeal
Fine Policy and How to Appeal
Code of Conduct Policy for Board Members
Conflict of Interest Policy
Handling Board Member Conflicts
Conflict Resolution and Arbitration Policy
Policy on Reimbursing Board Member Expenses
Policy Regarding Nomination to Run for a Board Position
Election Policy
Policy on Committee Appointments
Policy on Adopting and Amending Policies and Rules
Meetings Policy - Board, Member and Special
Policy on Conducting Executive / Closed Session of Board Meeting
Policy on Use of Clubhouse and Other Amenities
Records Retention Policy
Records Examination Policy
Architectural Review Policy
Board Communications Policy with Management Company and Attorney
Board - Homeowner Communication Policy
Reserve Investment Policy
Reserve Expenditure Policy
Policy on Reserve Study and How Often to Update It
Policy on Receipt of Assessments, Disbursements and Check Handling
Audit Policy
Policy Regarding Advertising in Newsletter or on Website
Policy on Requesting, Reviewing and Awarding Bids
Insurance Guidelines Policy
Policy on Claim's Submission to Association Insurance Carriers
Policy Regulating Flags and Flagpoles
Policy Regulating Signs - Political, For Sale and Other
Policy on Landscaping and Maintenance
Policy on Fences
Parking Policy

For Associations with Employees
Application and Hiring Policy
Policy Regarding Discrimination
Policy Regarding Sexual Harassment
Policy Regarding EOE
Policy for Employee Discipline - Termination
Policy for Drug and Alcohol Testing
Policy Regarding Employment at Will
Policy Regarding Access to Employee's Personnel File
Policy Concerning "Whistle-blowing"
Employee Rules and Regulations
Employee Handbook

Studies show that 5 out of 4 people have problems with fractions

JeanneK3 (Maryland)
Posts: 562

Posted:

Here are some things to avoid from the Maryland Homeowners' Association.

Homeowners, or a committee of homeowners, should review new wording thoroughly, comparing existing wording to new wording line-by-line. This works best by having old text and new text in different fonts or colors while reviewing the documents.

1. Beware of boiler plate documents that completely replace old documents with new, and often inappropriate, guidelines.

2. Beware of language that states the homeowners should pay “all attorney fees actually incurred by the Board of Directors.” This wording obligates homeowners to pay for the Board’s attorneys’ fees, as well as their own attorney’s fees, even if the judgment is in favor of the homeowner. Such wording sets up a “no-win” situation for homeowners and could lead to bankruptcy and/or foreclosure for any homeowner unfortunate enough to be put into this situation. California has addressed this issue with Civil Code 1354(c) which states “in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.”

3. Beware of documentation wording that gives the Board the ability to file a lien for unpaid fines and then foreclose on the property. Wording such as: “the Board shall have the power to impose reasonable fines which shall constitute a lien upon the property and shall be collected in the same manner as any other assessment levied against a unit owner…” should be avoided. Recently California and Florida have passed legislation to prohibit associations from including fines in a lien and fines may not be characterized, nor treated in the governing documents as an assessment which then becomes a lien. Arizona has passed legislation that an association can file a lien for unpaid fines, but the lien cannot be collected until the property changes ownership.

MHA recommends that before voting for any amendments to HOA/Condo governing documents, homeowners carefully examine changes, and if the language or intent of the changes is unclear, require the Board to explain the reasons for the change and explain the implications of new wording. A clear understanding of governing documents is essential so that homeowners can vote wisely to safeguard their homes.

Prepared by Maryland Homeowners’ Association, Inc.
www.marylandhomeownersassociation.info, 301-654-9242
July 2009

Jeanne

MarianneG (Indiana)
Posts: 170

Posted:

Yes, thank you so much Glen! This is exactly what I was looking for. This time I have not only printed it, but saved it on a computer file.

Thanks to you also, JeanneK3, for the information you provided. I will also copy, print, and save for our committee members. Marianne

Any other comments relative to this discussion are also welcome.

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