Florida Condo & HOA Law Blog

SEPTEMBER 17, 2023

The sub association declarations have a 75 percent approval requirement by the voting members to approve an amendment in their declarations, but a majority specified in their bylaws. The master association declaration and bylaws both require a majority vote to amend those documents.

Florida 90

Florida Examples 90

AMR Management Services

JUNE 7, 2023

After you complete some basic elements, including crafting bylaws and applying to become a nonprofit entity in your state, one important step you will need to take is filing for tax-exempt status with the Internal Revenue Service (IRS). Are you thinking about forming a new association?

Revenue 83

Revenue 83

Spark Consulting

APRIL 12, 2022

Associations are always going to have committees – indeed, your bylaws probably require, at a minimum, a finance committee and a nominating committee (as they should).

Tips 195

Tips Committee Industry 195

AMG

FEBRUARY 2, 2022

Board policy prohibiting owners from recording board meetings violated the Bylaws. Regardless of language in bylaws, all planned communities created after January 1, 1999 and all condominiums must follow the statutory budget ratification process. “At The owners argued there was no basis for such a policy in statute or the bylaws.

North Carolina 98

North Carolina Process 98

AvidXchange: Association Management

DECEMBER 18, 2023

They can be trained on an organization’s unique bylaws to ensure accurate responses to questions like, “When are we allowed to put up Christmas lights?” Homeowner Communication Community managers are increasingly using chatbots to streamline interactions with residents.

Association Management 130

Association Management Analysis System Software 130

Ungrated

MARCH 18, 2021

Every community association requires a set of governing documents—often a declaration of covenants, conditions, and restrictions, articles of incorporation or organization, and bylaws—to provide its legal framework and operation. Governing documents define the rights and obligations of the association and its members.

Resources 83

Resources Guidelines Maine Organization 83

Association Leaders

APRIL 15, 2019

Even though bylaws and rules of order typically set numerical requirements for voting, associations by their very nature must make many decisions through a consensus process because there isn’t one person in charge or one “owner”. Often a vote is necessary and when votes are taken, majority (or bylaws) rule.

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Leadership Process Committee Team 170

Florida Condo & HOA Law Blog

OCTOBER 27, 2023

Therefore, it is up to your governing documents, usually found in the Bylaws and/or Articles, under the section titled, “Director,” to limit who can be on the Board. The law permits anyone to sit on the Board, whether a unit owner or not. There are a variety of ways we’ve seen this stated in documents over the years.

Florida 90

Florida Examples 90

Association Success

JULY 13, 2020

At some point in the last six weeks, you’ve probably given at least a little thought to your association’s policies and bylaws — and maybe even wondered if they’re passively promoting racism within your organization. We want to help you do better.

Louisiana 78

Louisiana Guidelines Review Video 78

Associations Now

OCTOBER 9, 2023

There are plenty of mechanisms for this, from creating white space for strategic discussion in the agenda, adjusting bylaws around board tenure, and (the nuclear option) making arrangements for the removal of a board member. But more successful boards need to face their disagreements—and disagreeable board members—head-on.

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How To Case Study Committee Proposal 116

Florida Condo & HOA Law Blog

SEPTEMBER 26, 2023

However, the statue has a caveat, which provides that this power exists, “unless otherwise provided in its articles of incorporation or bylaws”. Chapter 617, Florida Statutes, provides that one of the powers of a not-for-profit corporation in the State of Florida is the power to borrow money.

Florida 85

Florida Review 85

Community Associations Network

AUGUST 31, 2023

bylaws and, if the association is an incorporated entity, its articles of incorporation. The governing documents of a community association include the recorded covenants (often called the declaration, deed of restrictions, CC&Rs, etc.),

Virginia 40

Virginia Tips 40

Association Success

JULY 29, 2020

As an introductory workshop about how to identify the racist policies, bylaws and practices at your association that passively and actively allow inequities to continue, this conversation was a starting point for those unsure of where to begin. “We

Louisiana 124

Louisiana Content Organization How To 124

Associations Now

NOVEMBER 19, 2019

When board members fail to show up or don’t carry their share of the load, a few changes to the bylaws can help. To deal with underperforming board members, Garry suggests amending the bylaws. Also: The key to event innovation is team collaboration. There’s no such thing as a perfect board.

How To 92

How To Innovation Committee Team 92

MemberClicks

OCTOBER 11, 2023

Keep copies of: Bylaws Conflict of Interest policy Employer Identification (EIN) number 501(c)(3) determination letter Board meeting minutes 10. The Illinois nonprofit bylaws requirements are: Need to include essential information such as name, address, and purpose. Electing directors and appointing officers.

Illinois 52

Illinois How To Chicago Software 52

Community Associations Network

MARCH 9, 2023

A violation of the condo bylaws occurs. The first question from the board and management is: how do we enforce it? That typically encompasses two issues. The first is: what remedies and tools do we have available to us?

DC 40

DC Process District of Columbia Tools 40

Yes Elections

NOVEMBER 25, 2020

As your union’s election official, your job is to run an impartial, fair election that complies with federal law, the union’s constitution and its bylaws. While elections can be overwhelming, YesElections has developed this explainer to help you navigate this process.

Process 61

Process 61

Florida Condo & HOA Law Blog

JULY 27, 2023

To the extent allowed by law, unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with s. Emergency Powers for Condominium Associations Section 718.1265 of the Florida Condominium Act provides as follows: 718.1265 Association emergency powers.—

Florida 82

Florida United States System Committee 82

MemberClicks

AUGUST 16, 2023

How to Get 501(c)(6) Status: 7 Steps Draft a Mission Statement and Bylaws Assemble a Board Recruit members Submit IRS Form SS-4 File Articles of Incorporation Complete IRS Form 1024 Reach out to Local, County, and State Departments of Revenue Wrapping Up: Making the Most of 501(c)(6) Status What is a 501(c)(6) organization?

Raleigh 52

Raleigh How To North Carolina Recruiting 52

Thanks For Playing

FEBRUARY 5, 2013

I know what you're about to say: "Our standing committees are set in our bylaws. Do you know what a pain in the ass it is to try to change our bylaws?" If it goes well, try disbanding one of your standing non-bylaws-mandated committees (you know you have at least one) and spreading their work to some task forces.

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Committee Innovation Report 150

Community Associations Network

AUGUST 29, 2020

A Burnaby townhouse owner who rented out her unit in violation of her strata’s bylaws has won a partial victory over her strata council.

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Ungrated

JUNE 24, 2021

Many state statutes provide an association with the power to levy reasonable fines for violations of the declaration, bylaws, rules, and regulations after notice and an opportunity to be heard are provided. Boards should adopt and implement an enforcement policy and stick to it. Ensure due process is provided.

Pennsylvania 83

Pennsylvania New Jersey Committee Course 83

Eric Lanke

APRIL 20, 2020

As the blurb on the front flap describes: Even groups which have their own constitutions or bylaws frequently state that procedures not covered therein shall be governed by Robert’s Rules. And if my experience is in any way typical, it is casually referenced far more frequently than its principles and procedures are rigorously applied.

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Course Examples 147

Virtual

APRIL 10, 2015

Legal documents: Are your bylaws up to date? When I was hired by an association in the mid 90’s, my first task was to update the bylaws. The result is often a home page that has too much clutter to be truly useful. Go through it with a critical eye and eliminate what’s not needed. Have all members signed relevant documents?

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Library Boston System Process 100

Virginia Condo & HOA Law Blog

NOVEMBER 5, 2021

There could be issues due to a proposed rule (1) having inartful or vague language or (2) having a provision that is not permitted by statute or (3) having a conflict with a provision in the declaration or bylaws.

Review 40

Review Virginia Proposal Committee 40

Mariner

AUGUST 1, 2014

They are all 501c6 organizations with their own articles, bylaws and D&O insurance. Question: We are a XXX organization for XXX and have more than 100 components (we call them chapters) in cities across the country. Question of the day: do they also need liability insurance?

Organization 100

Organization 100

Mariner

AUGUST 1, 2014

They are all 501c6 organizations with their own articles, bylaws and D&O insurance. Question: We are a XXX organization for XXX and have more than 100 components (we call them chapters) in cities across the country. Question of the day: do they also need liability insurance?

Organization 100

Organization 100

Mariner Management

MAY 6, 2020

Critical areas of support for chapter operations focused on: Guiding decisions around handling bylaws that do not permit virtual meetings, elections, or votes. A key follow-up step will be in working with chapters to modernize bylaws.

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Discount Cost Revenue Tips 62

Ungrated

FEBRUARY 3, 2022

The board will continue efforts started last year reviewing our bylaws to ensure we are staying relevant to our members and communities. We’ll also be taking steps to further diversity, equity, and inclusion initiatives for our members and communities. Keeping the focus on members.

Review 69

Review Education Member Engagement Report 69

HOA Strategies

MARCH 8, 2022

The Plat Map and the Declaration in conjunction inform the Articles of Incorporation, which informs the Bylaws, etc. Bylaws – Where the CC&Rs are the rules for the residents, the Bylaws are the rules for the community as a business entity. Very important, but very dry.

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Utah FAQ Analysis Survey 52

Virginia Condo & HOA Law Blog

OCTOBER 2, 2022

The Association argued that the bylaws permitted it to adopt rules and regulations for the management of the Association as its deemed proper, and the regulations were a proper exercise of the Board’s authority to establish rules regarding the common area.

Virginia 52

Virginia 52

Ungrated

APRIL 5, 2023

Other offenders include angry owners who threaten to “defund the HOA,” balking at paying assessments because they disagree with bylaw violations. Owners should always have the right to review the financial documents of the association and should ask the board where their money is going.

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Survey Review Process Strategy 93

Community Associations Network

SEPTEMBER 1, 2020

For those who live in a community with a homeowners association (also referred to in Virginia as a “property owners’ association” or a condominium association (an “Association”), you are no doubt familiar with assessments that go toward landscaping, parks, and pools, and declarations and bylaws that govern architectural changes to the exterior of the (..)

Virginia 40

Virginia 40

Ungrated

APRIL 13, 2022

Association bylaws may vary when it comes to how many committees an individual owner can join. Having committees with specific focus areas brings residents together in a structured manner. They can range from social and holiday committees to financial, arbitration, screening, and architectural design committees.

Miami 84

Miami Strategy Committee Florida 84

Virginia Condo & HOA Law Blog

DECEMBER 20, 2022

In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of a unit owner or other resident of the association which violates the declaration, bylaws or rules and regulations.

Virginia 52

Virginia Process 52

Associations Now

AUGUST 15, 2016

Remember a Lawyer An association should consult an attorney whenever it is considering amendments to the bylaws or articles of incorporation. Clauses formed may no longer reflect the purpose today, and the purpose clauses in the articles of incorporation and bylaws must be consistent. Next are the organization’s bylaws.

Review 40

Review Examples Organization 40

Eric Lanke

JULY 22, 2019

Another Board member got a new job at a company inside our industry -- but that company already had a representative on our Board, and it's a violation of our bylaws to have two people from the same company on our Board of Directors. That makes him ineligible (and frankly, uninterested) to continuing serving on our Board.

Industry 113

Industry Examples Communications Member Engagement 113