Category Archives: foreclosures

Should Your Atlanta HOA Adopt The Georgia Property Owners Act?


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Why Your Atlanta HOA May Want to Adopt the POA.

In 1994, the Georgia Legislature adopted the Property Owners’ Association Act (“POA”). The POA provides significant advantages to homeowners associations. Here are some of the most important advantages of the POA:

1.   Automatic Statutory Liens

After submitting to the POA, an association no longer needs to file liens at the county courthouse for unpaid assessments or other charges. Instead, the POA creates an automatic statutory lien against a delinquent owner’s lot for any sums owed to the association. The POA provides that the declaration of covenants itself serves as notice that there is a lien on every lot in the community for any unpaid assessment or other charges. As a result, closing attorneys, title examiners, purchasers or owners must contact the association for a statement of any amounts owed to the association prior to concluding a sale or refinance of the lot, or risk the existence of a lien. If the association is not paid out of the proceeds of the sale or refinance, the lien continues against the lot and will generally have priority over subsequent liens and mortgages.

Another benefit of the POA’s automatic lien is that it protects the association even if the association’s records have incorrect or misspelled owner names. Recorded liens are only effective if filed under the correct owner names. If the association’s records have an owner’s name misspelled the recorded lien may be ineffective. The POA makes the lien effective, even if you have incorrect or no information about an owner.

2.   Buyers and Sellers are Jointly and Severally Liable to Pay Assessments
The POA includes another provision that helps strengthen an association’s assessment collection powers. The POA makes buyers and sellers jointly and severally liable for all unpaid assessments. This means that, if the automatic statutory lien is not paid at the closing, the association can proceed against the new owner, who will be personally liable for all amounts owed prior to the closing.
3.   Tenants are Obligated to Comply With Association Regulations
The POA also requires that both owners and tenants must comply with all the provisions of the declaration of Covenants and the association’s rules and regulations.
4.   Fines and Suspension of Privileges
The POA gives homeowners associations a statutory power to assess fines against violators and to suspend the common area use rights of violators, if allowed in the Covenants. Fines constitute a lien against the violator’s lot, and the ability to fine significantly strengthens the association’s powers to enforce the Covenants and the rules and regulations.
5.   Late Fees and Interest
Submission to the POA allows homeowners associations to charge a late fee equal to the greater of $10.00 or ten percent (10%) of the amount due, and interest at a rate of ten percent (10%) per annum on unpaid assessments and charges, if allowed by the Covenants.
6.   Recovery of Attorney’s Fees from Owners
The POA authorizes the recovery of the association’s costs of collection of the delinquent assessments, including reasonable attorney’s fees actually incurred. This provision is extremely helpful with judges who otherwise are reluctant to grant the association its attorneys fees, when it sues delinquent or violating owners.
7.   Perpetual Duration
Prior to 1993, Georgia law at Code Section 44-5-60(d)(1) generally provided that Covenants expire after twenty years. That statute was amended in 1993 to permit Covenants to automatically renew, but the Georgia courts have held that Covenants in communities that were recorded prior to 1994 do not receive the benefit of the new 1994 law. One of the most important benefits of the POA is that it has a provision that states Georgia Code Section 44-5-60(d)(1) shall not apply to any Covenants contained in any instrument submitted to the POA. That means that if a community’s Covenants were recorded prior to 1994, submission to the POA now will eliminate the possibility that the Covenants will expire after twenty years.

8.   Ease of Adoption
In most communities, Board members can quickly and easily adopt the POA by obtaining the consent of the association members by mail or by going door to door, depending upon the specific amendment provisions within a community’s governing documents.

Once in place, the POA provides clear advantages to homeowners associations seeking to maximize their collections.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.

Duties of the Architectural Control Committee or ACC


Green Initiatives for HOA's

Are you getting ready to make an addition to your house or build a new shed or fence in your back yard? Before you break out the miter saw, make sure to get your plans approved by our association’s architectural committee.

While it may seem arbitrary from an individual homeowner’s standpoint, the architectural committee looks out for the entire community. Aside from stopping residents from painting pink polka dots on their houses, the committee’s job is to make sure that the size and style of the project, the type of building materials being used and the overall look of the new structure adhere to the association’s design requirements. Not only does this keep the community looking cohesive, it also helps to keep property values up by preventing individual structures from standing out. Of course, it’s also important to note that unapproved structures might legally have to be removed at the owner’s expense, so save yourself money and headaches by getting approval before building.

So when you’re ready to start your new project, or if the design of your project changes midway through building it, send your plans to the architectural committee first so that we can make sure they’re in compliance with the association’s design standards. If we do find any issues, we’ll let you know what they are and try to help you come up with other options. We appreciate all the hard work residents have done to make their homes and this community beautiful—help us keep this association looking great by keeping us in the loop of all your building projects.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.  (678) 866-1436

[contact-form][contact-field label='Name' type='name' required='1'/][contact-field label='<a class="zem_slink" title="Unicode and email" href="http://en.wikipedia.org/wiki/Unicode_and_email&quot; target="_blank" rel="wikipedia">Email</a>' type='email' required='1'/][contact-field label='Website' type='url'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form]

Duties of the Architectural Control Committee or ACC


Green Initiatives for HOA's

Are you getting ready to make an addition to your house or build a new shed or fence in your back yard? Before you break out the miter saw, make sure to get your plans approved by our association’s architectural committee.

While it may seem arbitrary from an individual homeowner’s standpoint, the architectural committee looks out for the entire community. Aside from stopping residents from painting pink polka dots on their houses, the committee’s job is to make sure that the size and style of the project, the type of building materials being used and the overall look of the new structure adhere to the association’s design requirements. Not only does this keep the community looking cohesive, it also helps to keep property values up by preventing individual structures from standing out. Of course, it’s also important to note that unapproved structures might legally have to be removed at the owner’s expense, so save yourself money and headaches by getting approval before building.

So when you’re ready to start your new project, or if the design of your project changes midway through building it, send your plans to the architectural committee first so that we can make sure they’re in compliance with the association’s design standards. If we do find any issues, we’ll let you know what they are and try to help you come up with other options. We appreciate all the hard work residents have done to make their homes and this community beautiful—help us keep this association looking great by keeping us in the loop of all your building projects.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.  (678) 866-1436

[contact-form][contact-field label='Name' type='name' required='1'/][contact-field label='<a class="zem_slink" title="Unicode and email" href="http://en.wikipedia.org/wiki/Unicode_and_email&quot; target="_blank" rel="wikipedia">Email</a>' type='email' required='1'/][contact-field label='Website' type='url'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form]

 

Should Your Marietta HOA Adopt The Georgia Property Owners Act?


Quantcast

(678) 866-1436

www,riversidepropertymgt.com

Why Your Atlanta HOA May Want to Adopt the POA.

In 1994, the Georgia Legislature adopted the Property Owners’ Association Act (“POA”). The POA provides significant advantages to homeowners associations. Here are some of the most important advantages of the POA:

1.   Automatic Statutory Liens

After submitting to the POA, an association no longer needs to file liens at the county courthouse for unpaid assessments or other charges. Instead, the POA creates an automatic statutory lien against a delinquent owner’s lot for any sums owed to the association. The POA provides that the declaration of covenants itself serves as notice that there is a lien on every lot in the community for any unpaid assessment or other charges. As a result, closing attorneys, title examiners, purchasers or owners must contact the association for a statement of any amounts owed to the association prior to concluding a sale or refinance of the lot, or risk the existence of a lien. If the association is not paid out of the proceeds of the sale or refinance, the lien continues against the lot and will generally have priority over subsequent liens and mortgages.

Another benefit of the POA’s automatic lien is that it protects the association even if the association’s records have incorrect or misspelled owner names. Recorded liens are only effective if filed under the correct owner names. If the association’s records have an owner’s name misspelled the recorded lien may be ineffective. The POA makes the lien effective, even if you have incorrect or no information about an owner.

2.   Buyers and Sellers are Jointly and Severally Liable to Pay Assessments
The POA includes another provision that helps strengthen an association’s assessment collection powers. The POA makes buyers and sellers jointly and severally liable for all unpaid assessments. This means that, if the automatic statutory lien is not paid at the closing, the association can proceed against the new owner, who will be personally liable for all amounts owed prior to the closing.
3.   Tenants are Obligated to Comply With Association Regulations
The POA also requires that both owners and tenants must comply with all the provisions of the declaration of Covenants and the association’s rules and regulations.
4.   Fines and Suspension of Privileges
The POA gives homeowners associations a statutory power to assess fines against violators and to suspend the common area use rights of violators, if allowed in the Covenants. Fines constitute a lien against the violator’s lot, and the ability to fine significantly strengthens the association’s powers to enforce the Covenants and the rules and regulations.
5.   Late Fees and Interest
Submission to the POA allows homeowners associations to charge a late fee equal to the greater of $10.00 or ten percent (10%) of the amount due, and interest at a rate of ten percent (10%) per annum on unpaid assessments and charges, if allowed by the Covenants.
6.   Recovery of Attorney’s Fees from Owners
The POA authorizes the recovery of the association’s costs of collection of the delinquent assessments, including reasonable attorney’s fees actually incurred. This provision is extremely helpful with judges who otherwise are reluctant to grant the association its attorneys fees, when it sues delinquent or violating owners.
7.   Perpetual Duration
Prior to 1993, Georgia law at Code Section 44-5-60(d)(1) generally provided that Covenants expire after twenty years. That statute was amended in 1993 to permit Covenants to automatically renew, but the Georgia courts have held that Covenants in communities that were recorded prior to 1994 do not receive the benefit of the new 1994 law. One of the most important benefits of the POA is that it has a provision that states Georgia Code Section 44-5-60(d)(1) shall not apply to any Covenants contained in any instrument submitted to the POA. That means that if a community’s Covenants were recorded prior to 1994, submission to the POA now will eliminate the possibility that the Covenants will expire after twenty years.

8.   Ease of Adoption
In most communities, Board members can quickly and easily adopt the POA by obtaining the consent of the association members by mail or by going door to door, depending upon the specific amendment provisions within a community’s governing documents.

Once in place, the POA provides clear advantages to homeowners associations seeking to maximize their collections.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.

Should Your Atlanta HOA Adopt The Georgia Property Owners Act?


Quantcast

(678) 866-1436

www,riversidepropertymgt.com

Why Your Atlanta HOA May Want to Adopt the POA.

In 1994, the Georgia Legislature adopted the Property Owners’ Association Act (“POA”). The POA provides significant advantages to homeowners associations. Here are some of the most important advantages of the POA:

1.   Automatic Statutory Liens

After submitting to the POA, an association no longer needs to file liens at the county courthouse for unpaid assessments or other charges. Instead, the POA creates an automatic statutory lien against a delinquent owner’s lot for any sums owed to the association. The POA provides that the declaration of covenants itself serves as notice that there is a lien on every lot in the community for any unpaid assessment or other charges. As a result, closing attorneys, title examiners, purchasers or owners must contact the association for a statement of any amounts owed to the association prior to concluding a sale or refinance of the lot, or risk the existence of a lien. If the association is not paid out of the proceeds of the sale or refinance, the lien continues against the lot and will generally have priority over subsequent liens and mortgages.

Another benefit of the POA’s automatic lien is that it protects the association even if the association’s records have incorrect or misspelled owner names. Recorded liens are only effective if filed under the correct owner names. If the association’s records have an owner’s name misspelled the recorded lien may be ineffective. The POA makes the lien effective, even if you have incorrect or no information about an owner.

2.   Buyers and Sellers are Jointly and Severally Liable to Pay Assessments
The POA includes another provision that helps strengthen an association’s assessment collection powers. The POA makes buyers and sellers jointly and severally liable for all unpaid assessments. This means that, if the automatic statutory lien is not paid at the closing, the association can proceed against the new owner, who will be personally liable for all amounts owed prior to the closing.
3.   Tenants are Obligated to Comply With Association Regulations
The POA also requires that both owners and tenants must comply with all the provisions of the declaration of Covenants and the association’s rules and regulations.
4.   Fines and Suspension of Privileges
The POA gives homeowners associations a statutory power to assess fines against violators and to suspend the common area use rights of violators, if allowed in the Covenants. Fines constitute a lien against the violator’s lot, and the ability to fine significantly strengthens the association’s powers to enforce the Covenants and the rules and regulations.
5.   Late Fees and Interest
Submission to the POA allows homeowners associations to charge a late fee equal to the greater of $10.00 or ten percent (10%) of the amount due, and interest at a rate of ten percent (10%) per annum on unpaid assessments and charges, if allowed by the Covenants.
6.   Recovery of Attorney’s Fees from Owners
The POA authorizes the recovery of the association’s costs of collection of the delinquent assessments, including reasonable attorney’s fees actually incurred. This provision is extremely helpful with judges who otherwise are reluctant to grant the association its attorneys fees, when it sues delinquent or violating owners.
7.   Perpetual Duration
Prior to 1993, Georgia law at Code Section 44-5-60(d)(1) generally provided that Covenants expire after twenty years. That statute was amended in 1993 to permit Covenants to automatically renew, but the Georgia courts have held that Covenants in communities that were recorded prior to 1994 do not receive the benefit of the new 1994 law. One of the most important benefits of the POA is that it has a provision that states Georgia Code Section 44-5-60(d)(1) shall not apply to any Covenants contained in any instrument submitted to the POA. That means that if a community’s Covenants were recorded prior to 1994, submission to the POA now will eliminate the possibility that the Covenants will expire after twenty years.

8.   Ease of Adoption
In most communities, Board members can quickly and easily adopt the POA by obtaining the consent of the association members by mail or by going door to door, depending upon the specific amendment provisions within a community’s governing documents.

Once in place, the POA provides clear advantages to homeowners associations seeking to maximize their collections.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.

 

Budgeting and Reserves for Condominiums


Most covenants for condominiums require that the association include as part of the annual budget, an allocation for  reserves.  Reserves should be set aside for roof replacement, pavement resurfacing, building painting, and any other item of association responsibility with a replacement cost or deferred maintenance expense of $10,000.00 or more.

Traditionally, the reserve schedule accompanying the proposed budget has used the “straight line” method of calculating required reserves. For example, assume that the roof on a condominium building has a twenty year useful life, is ten years old, and will cost $100,000.00 to replace. Further assume that the current amount of money in the roof reserve is $50,000.00. The association will need to collect $5,000.00 per year, over the next ten years, to accumulate another $50,000.00 so as to “fully fund” the roof reserve. This is traditional, “straight line” funding of reserves.

Similar calculations are then made for all other required reserve items (building repainting, pavement resurfacing, and other items with a replacement cost or deferred maintenance expense in excess of $10,000.00), and the annual contribution required to “fully fund” the reserve account is thus arrived at.

When reserves are funded on the straight line method, whether fully funded or partially funded, they should only be used for their intended purposes. For example, money should not be taken out of the roof reserve account to pay for painting the building. However, the association can use reserve funds for non-scheduled purposes if approved in advance by a majority vote of the unit owners.

The concept of “cash flow” or “pooled” reserve funding differs from “straight line” reserve funding.  Under pooled reserves, it is still necessary for the reserve schedule which accompanies the annual budget to set forth required reserve items (roofs, painting, paving, and other items with the replacement cost/deferred maintenance expense of more than $10,000.00). Further, the “cash flow” reserve schedule must still disclose estimated remaining useful life and replacement costs for each reserve component. The main difference in the cash flow presentation of reserves is that instead of each reserve line item having its own fund balance, there is a “pool” of money in the reserve fund, which is available for costs affiliated with any item in the reserve pool. For example, the painting and roof reserve monies are “pooled” into one fund, so a vote of unit owners is not required for expenditures from the fund, as would be the case in a straight-line reserve scenario where monies from one reserve account would be used for another reserve purpose.  As with “straight line” reserve funding, with pooled reserves, a vote of the unit owners is should be required to use reserve funds for operating purposes, or for any expenditure involving items that are not part of the “pool”.

The pooling method of reserve funding attempts to predict when a particular item will require replacement or deferred maintenance, and reserves are scheduled and funded so as to insure that a necessary amount of funds are on hand when the work needs to be done. Theoretically, monthly or quarterly reserve contributions can be lowered, while still avoiding special assessments.

Of course, what works in theory does not always work when placed in human hands. In addition to needing a crystal ball to predict exactly when a reserve expenditure will need to be made, reserve contributions may be substantially higher in certain years, such as when the fund is depleted for the replacement of a required item, and there is a short useful life for the next asset that needs to be replaced.

A condominium reserve fund helps associations pay for maintenance and upgrade costs as they become due.   As a property owner, you will be well aware of the benefits which accrue from setting aside sufficient reserve funds.   The  association will better maintained over time and you will lessen the need for special assessments to make up future budget deficits.

Protect HOA Operating and Reserve Accounts


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I know anyone that has any affiliation with an HOA or Homeowners Association has heard of someone stealing or trying to steal money from the Community. The scams are often as simple as writing a check to themselves, either as an administrator, treasurer or president. This is the one constant to which no one paid much attention. Now, with the vast majority of the Associations tax year ending, here’s your chance to make sure that does not, and is not going to happen. Whenever the economy takes a hit, and particulary when it both an extended and bad one, you need to pay special attention to the deep pockets, your association’s bank and reserve accounts.

First – GET AN AUDIT – not an opinion, not a compilation, but a real, honest-to-god audit. Only an audit of the CPA will unearth evidence which, in turn, could be fraud or embezzlement. Yes, an audit is more expensive, but considering the huge increase in financial crimes against associations, this is not the time to spare. Remember, every person trusted the people who were scamming from the Association funds. The fact that the treasurer is a good person, does not mean that they are not having personal financial problems.

Then make sure your insurance covers the Community Association if the money is lost. All too often association’s think that fidelity bonds that the management company has protects them – it doesn’t, it only protects the management company if an employee steals from them.  Whether its a bond or crime insurance, make sure the association is covered for ANY loss, no matter who is  lining their pockets.  This can be done with Directors & Officers Insurance or D & O.

Always make sure the bank or any financial institution that holds your money, sends a second statement, an original for someone other than the person who writes the checks or books. The crooks got away with their scams for long periods of time because they were the only one receiving the bank statement, and then delivering a retouched statement to the Board of Directors. Someone else must have an authentic, original – that can,  in fact be compared to the one presented in the financial report.

Periodically, hold a test of invoices. Ask one of your contractors to review their bills with you. A basic scam is a book of false invoices for work that was never completed, and then write a check for that amount to the scoundrel himself. Unless you’re reviewing canceled checks or verifying proof of the bill, it is quite easy for the thief get away with it. Each time you have a supplier or contractor that is going over budget or contract, this is likely to be the output.

Make sure nobody can get to the reserve accounts easily to withdraw or transfer funds. Talk to any institution that is holding the funds and ask them for the best way to ensure that nobody can reach them without going through a lot of checkpoints.

Basically, you should make sure you have all the necessary protections in place and they are, in fact, actually being followed. There are plenty of articles about how to do this, and that’s a good place to start. But remember, it is the entire process to be followed – not just a part will protect your Property Owners. For example, you can utilize the recommendation to require two signatures on checks, but in reality, banks no longer see or verify the signatures, so that alone will not protect you.

Why go through all this? I’m no lawyer, but if I were a Home Owner and someone was to abscond with a lot of money from my Association, I believe that the board would had failed in its fiduciary responsibilities and should be held accountable for that failure.

High Performing Board Practices


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The public debate on boards often focuses on catastrophic failure. In many cases, the boards actually meet the standards and follow the right policies, but were not committed enough and left to ask the right questions.

Exceptional boards center around four key concepts or practices:

Strategy
This includes being mission-driven, using strategic thinking, and maintaining of sustainable resources.

Responsibility
This includes having  compliance with integrity, being results-oriented, and promoting a spirit of transparency.

Building relationships
This includes developing a constructive partnership between the home owners and the board, ensuring revitalization, and implementing intentional board practices such as thinking about the board’s size, structure, and meetings.
Dynamic
This includes fostering a culture of openness to ensure that all voices are heard, respective practice when making decisions, and demonstrating continuous learning through guidance, education beyond the boardroom and self-evaluation of the board as a whole and the members of the Board.

The true essence of an exceptional board is in the way members of the board and homeowners are interrelated to create something much richer and more powerful than anyone can create one.

When thinking about each other’s participation differently in the meeting, you want to make sure you understand why. It is not just because of better conversations; it is because they have better information and ask better questions which lead to more robust discussions, more authentic debates, and better decision making.

By strengthening our Boards, we will have stronger organizations, and in time much stronger communities. HOA Board leadership is critical to serving the public good and the impact of our State and Country.

2011 – The Year of the Missing Money


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Published: 02 December 2011 – Written by JWW

If there was a single theme running through news stories and articles about condo and homeowner associations in 2011, it was the shortage of money to carry out their responsibilities.

First, the trend of owners not paying their association assessments due to a weak economy, continued strong, which meant that associations had less money to carry out their required operations.  Then, the foreclosure crisis also continued strong, again leaving associations short, as owners in foreclosure usually stopped paying assessments.  Those associations in states that gave them six month of assessments in a foreclosure process may have been a little better off than those in states without the lien priority, but they still found it was tough to collect.

Then, the mortgage banking industry started piling on, by slowing down foreclosures, so that they would not be responsible for a home’s assessments until the last possible minute.  This dragged out the time frame when associations were receiving no income from a unit, placing a tough burden on the owners who were paying, and on boards to struggle with reduced revenue.  Some states tried to help out associations, and some attorneys got creative in forcing foreclosures, but that was only in a few states.

The following news story leads from 2011 show a growing trend that is entirely preventable, but sadly, is often ignored:

  • FL: President of homeowners association accused of embezzlement
  • OH: Prosecutor’s filing indicates women may plead guilty to stealing $1.6M
  • NC: Parkwood president: Embezzler took at least $150K from HOA
  • WA: Former HOA president is headed to trial
  • IA: Muscatine woman gets probation for theft from homeowners’ association
  • FL: The former manager of a luxury Aventura condo building, accused of embezzling hundreds of thousands of dollars, turned herself in to jail officials.
  • LA: Former president of Montz associations pleads guilty to theft
  • TX: HOA dues disappear in elaborate scam
  • NC: Theft of money from Parkwood involves ‘many thousands of dollars’
  • CO: Embezzler involved with HOA in Aspen called a ‘habitual criminal’ by DA
  • OH: Man pleads guilty to theft possibly totaling $200,000
  • NY: Ex-school board member admits stealing funds
  • CA: Neighborhood-association embezzler is sentenced
  • ME: Convicted condo embezzler arrested
  • CA: Diablo Grande embezzlement is news to sheriff
  • WA: Prosecutors: Issaquah HOA president bilked organization
  • FL: Charge: President bilked own homeowner association
  • MD: Grand Jury Indicts In Theft Scheme Case
  • WI: Franklin police probe suspected condo association fraud
  • WA: Former Olympia-area homeowners association worker guilty of theft
  • NJ: Former property manager in Freehold Twp. accused of embezzling $75K
  • GA: Former HOA treasurer arrested
  • CA: Former Palo Alto neighborhood association admin accused of embezzling $65K
  • GA: Manager gets 3 years probation for fraud
  • NJ: Three charged with thefts from Aberdeen condo association
  • OH: Woman gets prison for bilking condo associations
  • NJ: Mother, daughter charged in scam – Indictment: Condo funds misused
  • Toronto condo owners allege massive fraud
  • NY: Dare’s role in Pastures cost association $100,000
  • VA: Fraud at Koger may tally $2 million
  • WI: Treasurer of Kansasville home owner’s association reportedly forged checks
  • FL: Four charged in multi-million dollar fraud scheme at Hallandale Beach condo
  • NJ: Readington condo official admits stealing $200K
  • PA: $600K Swiped From Montco Condo Association
  • CA: Sheriff’s Deputy Who Took Money From HOA Sentenced
  • FL: Four charged in multi-million dollar fraud scheme at Hallandale Beach condo
  • FL: HOA bookkeeper confesses to embezzling
  • CA: Manager steals $70K from neighborhood group
  • SC: Woman charged with embezzling $14K in HOA funds
  • IN: Mishawaka embezzler to testify against co-defendant
  • IL: Regent Realty owners indicted in fraud
  • NY: Green Mansions Manager Indicted For $162K Theft
  • MA: Yarmouth condo office manager sent to jail
  • WY: Embezzler gets lengthy sentence in Fox Park case

When times are tough, people who need money will justify taking it from others. Every community association related blog and web site wrote articles about how to prevent theft, but, as with anything, there have to be people in place who will actually do the checks to see that everything is as it should be.

The result of all of this, was all too often, delayed or ignored maintenance, assessments increasing to cover revenue shortfalls, a lot of hard feelings and a lot of litigation, all of which will have long-term effects on associations. To be honest, I don’t really see any improvement in the short term, and for the long term, that is going to depend heavily on the economy, and whether or not the housing industry rebounds.

When I used to do seminars for association board members, I would tell them that it wasn’t their job to keep assessments low, but to spend the money wisely. After this year, I think I need to change that to:

It’s your job to collect the money efficiently, watch over it like a guard dog, and then, spend it wisely!

To all of you who donate your time and talents to keep your association going through these tough times:

THANK YOU!

Courtesy of: http://communityassociationsnetwork.com/wordpress/?p=332

With over 40 years of combined industry experience, the Executive Staff of Riverside Property Management  knows that the most successful communities are those where there is a sense of unity and pride among the membership; this unity and pride begins with a firm foundation comprised of:

Well defined policies and objectives
A strategic plan and future vision
A proactive Management team
Mutual team trust and respect
Timely and open communication
Excellent customer service
Industry knowledge
“Out of the Box” Thinking
Services designed to meet your needs

Give us fifteen minutes of your time and we can show you how to put your community on a fast track to success; if you don’t believe us, feel free to call upon any one of our satisfied clients. (678) 866-1436 or info@riversidepropertymgt.com

What do Board Members do anyway?


Some people might wonder what Board Members do. Hopefully, this will shed some light on their duties and responsibilities for your community.

Homeowners Association Board

Board Members have a set number of responsibilities when they volunteer for your community.  Remember, they volunteer! So make sure you thank them for what they do.

Board Members are challenged typically on a daily basis with different aspects from personalities and duties and responsibilities within the community.  They have a definite purpose and specific duties to fulfill for your community.

 

The role of the Board is to set policy, standards, budgets and procedures for the association.

Probably the most important duty is the fiduciary obligations to the association.  This can be characterized into two parts; the duty of loyalty and the duty of care.  The duty of loyalty is requires the Board Member to act in good faith always in the interest of the community.  Never acting in their own interest or in the interest of another person. The duty of care requires the Board Member to act in a reasonable, informed manner when participating on the Board and making decisions for the day to day community’s care.

Board Members are able to delegate the duties of the association, but not the responsibility of their positions. It is the Board that is ultimately responsible for the association even if the Board hires a management company.  They can direct actions on behalf of the association, but the Board is completely responsible to the community. 

The governing documents as well as state and federal statues outline the Board responsibility within the community.  Areas of responsibility typically include:

  • ·         Care, maintenance and enhancement of common areas including facilities and physical property.
  • ·         Management of community finances and any reserve funds.
  • ·         Community harmony.
  • ·         Any employment the association has and the human resources of the community.
  • ·         Interpretation, creation, enforcement of the rules and regulations of the community.
  • ·         Community insurance needs and making sure guidelines for such are followed in the declaration.

This is in no way a full compilation of everything your board members do, just an overview of some of their duties.

Source: http://www.hoamanagementdirectory.com/blog.html?action=more&id=79