CLICK HERE to view the latest Zoom seminar, “HOA Violations: When To Get An Attorney Involved”
Educational programs available at Feldsott, Lee & Nichter include, but are not limited to the following:
- Legislative and Legal Update
- Assessment Collection
- Negotiating Vendor Contracts
- Running a Great Annual Election
- Satellite Dishes and Antennas
- Security Considerations
- Using Small Claims Courts
- And the Barking Got Louder. . .
- Architectural Submission “The Three R’s of Architectural Review”
- Board Resolutions “The P-A-S-S System”
- CC&R Enforcement “The Four Classifications”
- Amending Governing Documents
- Parking Problems and Solutions
- Member Discipline
- Customized Education Programs
Legislative and Legal Update
It is important for board members and managers to be kept abreast of changes in the law that affect the rights and obligations of homeowners and associations. Managers and boards are expected to comply with new changes in the law, as soon as the changes come into effect. Thus staying abreast of the latest changes in the law is essential for association boards and managers. We recommend that this seminar be conducted every January to reflect changes effective at the beginning of the year. However, because the law may change any day of the year, this seminar may be taught year-round.
This session covers the fundamentals of assessment collection, including the judicial and non-judicial foreclosure options. The discussion will include specialized concerns such as disclosures required by the Davis-Stirling Act and compliance with the Fair Debt Collection Practices Act. A brief overview of bankruptcy procedures and considerations will be conducted.
Negotiating Vendor Contracts
Everything you ever wanted to know about hiring and firing a contractor are included in this session. Managers and board members learn how to check the references and status of a contractor’s license. The fundamentals of drafting good contracts are also discussed, including what contract clauses you should never do without.
Running a Great Annual Election
The focus on the session is how to avoid a legal challenge to voting procedures. The session will include the proper drafting notices, ballots and proxies. Additionally, there will be a discussion on quorum requirements, nominations, cumulative voting and recall election procedures. Managers will find that the common pitfalls discussed in this session will help avoid similar problems in the future.
Satellites and Cable Wiring
This particular aspect of the law is complicated and constantly changing. Violations of certain aspects of telecommunications laws may subject homeowners associations to monetary sanctions and lawsuits. This program discusses the homeowner’s right to cable wiring and satellite dishes. The program also focuses on how to promulgate architectural guidelines and rules in compliance with both federal and state law.
This session covers a brief history of the case law regarding security measures and the lack thereof. The session discusses practical ways of limiting liability for unexpected and expected criminal actions. Additionally, the seminar discusses methods of “beefing up” security and putting homeowners on notice of security problems without admitting liability for the problems. This is a particularly important session for gated communities, high crime communities and communities utilizing security guards.
Using Small Claims Courts
This session sets forth the basic elements involved in establishing and prosecuting a case in small claims court, as well as the circumstances under which a homeowners association would benefit from a small claims action. This session will cover recent legislative changes in the small claims procedures and the role of attorneys and managers in collecting small claims judgments.
And the Barking Got Louder. . .
This session begins with a discussion of the legal treatment of pets throughout the last century. Protections for pets under federal regulations, such as the Fair Housing Act, are discussed in detail. A practical guide for developing pet-related rules and regulations is discussed, with an emphasis in drafting reasonable regulations. Finally, several case studies are presented which deal with creative ways to solve pet related nuisances.
Architectural Submission System “The Three R’s of Architectural Review”
Feldsott, Lee & Nichter have developed the “Three R’s” of architectural review in an effort to assist associations and their committees in the architectural review process. This area is, by far, the largest stimulus for disputes between association and members. In fact, it is estimated that some seventy percent of community association disputes deal with the conduct of the architectural committee. Feldsott, Lee & Nichter’s “Three R” system has been successfully implemented by numerous boards and management companies. They are: Receipt of the Application, Review of the Application, and Response of the Application. It is imperative for associations to create safeguards and checklists for their architectural committees. This “Three R” system is written based on the language set forth in your governing documents and provides all necessary checklists for the entire application and review process.
Board Resolutions “The P-A-S-S System”
By virtue of the tremendous liability concerns attached to association living, Feldsott, Lee & Nichter believes it is imperative to assist the Board in documenting its business judgment decisions. To accomplish this, we work closely with Boards of Directors in implementing what we call the “P-A-S-S System” of Board resolutions which sets forth four essential ingredients of any Board resolution. These resolutions become the Board’s best ally when faced with allegations regarding improper conduct or the failure to exercise proper business judgment.
CC&R Enforcement “The Four Classifications”
The backbone of community association operations is founded within the Declaration of Covenants, Conditions and Restrictions which sets forth the following: (a) Covenants: Promises on the part of all members, (b) Conditions: Conditions to membership in good standing, (c) Restrictions: Restrictions on the use of property. Recognizing the need to create non-discriminatory, uniform policies Feldsott, Lee & Nichter assists the Board in classifying almost every conceivable violation into one of the four following categories: Work in Progress, Completed Act, Ongoing Infractions and Dispute Resolution. Once the violation is classified, the Board can make a business judgment decision as to the proper course of conduct. Alternatives range from a decision not to take any action to fines, arbitration, mediation and litigation. This decision is documented pursuant to Board resolution.
Amending Governing Documents
Does your Association really need to amend its Governing Documents? Understand the reasons why an Association should or should not amend its Governing Documents versus just updating them. We will discuss why to amend, what’s required by statute, updating documents, clarifying specific issues, why not to amend, and the procedures to amend Articles, Bylaws and CC&R’s.
Parking Problems and Solutions
Every homeowners association is faced with parking issues. Learn how to draft parking rules, and determine if your HOA can assign fees under your current governing documents. We will also discuss curing violations, suspending privileges, and fines. This seminar also includes a segment on towing. You will learn when notice is not required to tow a vehicle, and how to work with local law enforcement agencies.
This seminar assists the Board of Directors with ways to discipline members who do not adhere to the CC&R’s. Learn about the authority to impose fines and suspend privileges, how to set a fine schedule, notice a hearing, and conduct a hearing as well as ways to notice the ruling. You will also learn the differences between fines and assessments. We will discuss what becomes a lien and what cannot become a lien, how to collect assessments and fines and how to litigate for fines.
Customized Education Programs
Feldsott, Lee & Nichter would also be pleased to work with you in designing and presenting specialized and educational programs to suit your management company’s needs. For your convenience, we would be happy to host an in-house seminar. Please call us at 888-HOA-LAW2 for more information.
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