HOA

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Q: What HOA board member casts the deciding vote in the event of a tie?

“If an individual serving on a five-member California HOA board must recuse himself from voting on a review of a proposed physical change to the separate interest of said board member, who would cast the deciding vote in the event of a tie?”  – Paul from Rancho Mirage, CA The…

Q: Can HOA dues be raised by the association manager without board approval?

“Our association management firm raised our HOA dues without the approval of the board. The annual financials were also not reviewed and/or approved by the board. The dues have since been rescinded because of my complaints to the HOA president. Also, the HOA president is approving invoices for services rendered…

Q: How can I solve a conflict of interest on an HOA board?

Q: How can I solve a conflict of interest on an HOA board?

Can a condo board president work as an “independent contractor” and receive 1099 income from the condo’s property management company or is this a conflict of interest? Good question. It sounds like a lawsuit waiting to happen. Seriously bad news. Here’s why: Condominium and HOA boards are held to a…

Q: Are COA’s allowed to pay referral fees to anyone?

Q: Are COA’s allowed to pay referral fees to anyone?

Does Alabama law allow apartment communities to pay referral fees to residents and/or real estate agents? – Birmingham, Alabama Referral fee laws are a confusing, tangled mess – and that’s true both at the federal and state level. They’ve confused many an agent, many an HOA/COA director, and many a…

Q: How do I determine if a market is saturated with managers?

Q: How do I determine if a market is saturated with managers?

I have a real estate license in NC. I’m considering seeking employment in property management. How do I determine if the Charlotte market is saturated? -Charlotte, North Carolina Back in my Army days, we had a joke: How many soldiers can you fit in the back of a 5-ton truck? …

Q: Can an HOA employee act as a property manager?

Q: Can an HOA employee act as a property manager?

Can an HOA employee handle leasing since I am basically paid by the owners through their HOA dues?  –Dallas, Texas Generally, “handling” a lease is considered by regulators to be engaging in the practice of real estate or property management. And therefore, most states (though not all) require a real…

Q: What can I do if condo board members vote for personal gain?

Q: What can I do if condo board members vote for personal gain?

Our property management co-owns in-house maintenance company and rips us off–builder has 3 votes to 2. Help! Depending on the circumstances, you may have an actionable claim against the directors. This is because Indiana law – like most jurisdictions – considers HOA and community association board members to be fiduciaries.…

Q: Are there state regulations for condo or HOA managers?

Q: Are there state regulations for condo or HOA managers?

If states do not require a real estate license to regulate condo/HOA property managers, how do these states audit or regulate their condo or HOA property managers? There are currently just four states that don’t require a license at all to manage property: Idaho, Maine, Massachusetts and Vermont. However, it’s…

Q: Do I need a real estate license to be a condo or HOA manager?

Q: Do I need a real estate license to be a condo or HOA manager?

Which states require a real estate license to be a condo/HOA property manager? Why? It’s a lot easier to list the states that don’t require a license to be a property manager. The Institute for Real Estate Management has published a detailed state-by-state breakdown here. States vary in their approach,…

Q: Can a property manager be related to a HOA President?

Q: Can a property manager be related to a HOA President?

In Illinois, is it legal to have property management company whose owner lives in the complex and is related to president of the board? Good question. The zip code you gave us places you in Algonquin, Illinois, a suburb of Chicago. We thought conflicts of interest, incestuous business relationships and…

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