Tag Archives: approve

Meeting Moment–Amending Minutes

The first action item on most owners’ meeting agendas is approving the minutes of the last owners’ meeting.  Let’s say that -- as usual -- you have an ambitious agenda, with many action items and a limited time in which to get through them all.  But when the secretary moves to approve last year’s...

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FHA Approval Twists for HOAs: Discussion Forum Follow-Up

A reader writes, “We have been notified that we must apply for FHA approval to provide reverse mortgages for our homeowners. We’ve had FHA approval since 1978. However, we must now begin the process all over. Our master deed contains a ‘right of first refusal’ covenant, which, according to our lender, FHA won’t approve. Has anyone encountered this…

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Selective CCR Enforcement

If you’ve served as a member of a community association’s Board of Directors for any length of time, chances are you’ve heard the term “selective enforcement” when you have attempted to enforce the covenants.  There is good reason for this:  the selective enforcement defence is one of the most commonly used defenses to a Board’s covenant enforcement action.  There is much misunderstanding among Board members and homeowners as to exactly what selective enforcement means.  The purpose of this article is to provide an explanation of the underpinnings of the selective enforcement defense and to provide some guidance for insuring that your Board’s decisions can withstand a selective enforcement challenge.  

A Board has a duty to enforce the covenants of a community in a proceedurally fair and reasonable manner.  The defense of selective enforcement arises when an owner argues a Board breached this duty.

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Housing Counsel: When does architectural review go too far?

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

DEAR BENNY: We bought a house in August 2009 and for one year our designer/architect was drawing the blueprints and obtaining the local city approvals. After we were approved, we started construction. Now we are stuck because our Architectural Review Board (ARB) does not approve of the exterior doors.
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