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November Survey Results
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Should owners have the right to address the board before it votes on any matter?
76% Yes
22% No
2% Don't Care
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Do Nuisance Provisions Create Too Much of a Nuisance for Home Owner Associations?
Although the governing documents of most community associations include nuisance provisions, an increasing number of attorneys are concluding that these provisions themselves may represent a nuisance for the boards responsible for enforcing them. One problem, although not the only one, is simply defining the term. Most documents use language similar to this: “No owners shall engage in noxious or offensive activities, or do anything which may become an annoyance or a nuisance, or in any way interfere with the quiet enjoyment of other owners.”
[FULL STORY]
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SB 100’S Required Policies And Procedures …
I serve on my association’s board of directors, and we don’t believe that our association needs the seven written policies and procedures required by SB 100, and besides, our declaration addresses a number of these issues. In addition, our homeowners have told us that they really don’t care whether or not these policies and procedures are adopted. If we choose not to adopt these policies and procedures, what will happen on January 1, 2006, when this portion of the law takes effect? Since our homeowners are not concerned, what are the possible consequences of this noncompliance?
[FULL STORY]
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Homeowner Association Boards & The Business Judgment Rule
A board of directors can often rely on “the business judgment” rule when faced with a homeowners’ lawsuit over a particularly unpopular board decision. The business judgment rule limits judicial scrutiny of actions of association boards when they act in good faith, exercise honest judgment, act with the best interests of the association, and in an informed prudent manner. Although generally regarded as a rule of liability (or non liability) for corporate directors, it has been used as a test to determine the validity of association board decisions.
[FULL STORY]
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Q & A
What is the liability if a homeowner association board makes a purchase over the amount that has been set in the covenants/bylaws?
[FULL STORY]
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National Survey Affirms High HOA Satisfaction
Americans who live in community associations are overwhelmingly pleased with their communities, expressing strong satisfaction with the board members who govern their associations and the community managers who provide professional support.
[FULL STORY]
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Season's Greetings!
From our house to your house, everyone at Orten & Hindman wishes you the happiest of holidays and
a prosperous new year.
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The University
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Please note there will be no classes in December or January.
Watch your email for our 2006 schedule and
for other exciting changes coming soon to Orten & Hindman.
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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