Tag Archives: necessary

What If Your HOA Can’t Pass Necessary Amendments?

What happens if you really, truly, positively need to amend your HOA governing documents, but your owners are so apathetic you can’t get the supermajority your governing documents require? Can you go to court to get a judge to amend your governing documents? Here, we explain whether that’s possible and, if not, what you can do if you’re stuck in…

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HOA President Sues Members

    A San Antonio homeowners’ association is in the middle of a courtroom battle with fees already reaching $80,000.  The president of the association filed suit after several dissatisfied members held a special meeting to oust her.  Evidently the president closed board meetings to the association members and failed to respond to members’ requests to review documents (this right was discussed in a previous article).  Members feel that the president is abusing her power by keeping board business heavily guarded and using intimidation to maintain her control.

    The president contends that the special meeting was invalid for want of sufficient votes and she brought suit to stop it.  She also explains that the meetings were closed because they were “getting out of control.”  The association members are enraged at the costly litigation expenses, which will end up coming out of the association’s wallet.

    An association’s bylaws provide the responsibilities of board members and the proper course of action if these responsibilities are not being fulfilled.  Although litigation can sometimes be necessary, it is typically a last resort. Associations can also consider alternative dispute resolution such as arbitration and mediation to come to an amicable resolution of problems that cannot be resolved within the association. 

    This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

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Get advice from expert on reserve fund needs

Q. I am the board secretary for a condo community on Lake Norman. We have 60 units and are about 25 years old. We strive to keep everything in good order but things happen. My question concerns setting amounts for reserve funds.

We have looked into having a professional “reserve study” done but the cost, from $4,000 to $5,500, is expensive for us. Do you have a rule of thumb that might give us some guidance? Is there a Web site that you can suggest for me to search? Are there reserve requirements in North Carolina as there are in some other states that set limits?Most HOAs that have clubhouse/swimming pool, trails, athletic fields, etc. have capital accounts, also known as reserve funds, to pay for upkeep and replacement. Condominium associations are responsible for maintaining the buildings themselves, so capital reserves are absolutely critical for them. Most HOAs allocate a portion of each month’s assessment income to these accounts.

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