Tag Archives: march

Association answers

Michael HunterQ: Our HOA has no Articles of Incorporation on file with the state, and no bylaws. It only has a Declaration of Covenants that has nothing in it about electing board members. Does that mean that, under the Planned Community Act, the current board is operating illegally since there is nothing in the Declaration saying how they are to be elected? Would that also mean that any decision they made is invalid? I have minutes from 2008 to March 2011, but nothing about the current four board members’ election.

While the majority of HOAs are established as nonprofit corporations with the filing of Articles of Incorporation with the Secretary of State, it is permissible for an HOA to operate as an unincorporated nonprofit association under Chapter 59B of the N.C. General Statutes.

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ADA Pool Regs – Do they apply to me?

HOA Self Test to Determine Whether Your Association Must Comply with ADA Pool Regulations

Unlike the Fair Housing Amendments Act (FHAA) the Americans with Disabilities Act (“ADA”) applies to “places of public accommodation” and not to private property, such as an HOA swimming pool.  However, certain circumstances may exist that transform private facilities into public facilities and bring a private community under the purview of the ADA.  Take the below tests to see if your community pool is subject to ADA requirements.

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ADA Pool Regs – Do they apply to me?

HOA Self Test to Determine Whether Your Association Must Comply with ADA Pool Regulations

Unlike the Fair Housing Amendments Act (FHAA) the Americans with Disabilities Act (“ADA”) applies to “places of public accommodation” and not to private property, such as an HOA swimming pool.  However, certain circumstances may exist that transform private facilities into public facilities and bring a private community under the purview of the ADA.  Take the below tests to see if your community pool is subject to ADA requirements.

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Employment Law and Your HOA

New Federal Regulations Covering Disabled Employees Will Affect Greater Numbers of Associations

By: Mark A. Trank, Esq.

On March 25, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final revised Americans with Disabilities Act (ADA) regulations in order to implement the ADA Amendments Act of 2008. These new regulations will affect virtually...

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