Writing a Letter “To” or “From” Your Homeowners Association
Check today's rates Nov 23rd, Why do lenders ask for a letter of explanation? Mortgage lenders express interest in out-of-the-ordinary happenings with your finances because those could prevent you from making future house payments. There a number of reasons a lender might request a letter of explanation, but here are six of the most common. Differences in addresses The Federal Trade Commission FTC enforces an address discrepancy rule which puts the burden on mortgage loan originators, brokers, lenders and banks to report your correct address to the various credit agencies.
When you apply with an address that differs from the one at the credit bureaus, the lenders view ID theft as a distinct possibility. If you have a valid reason for the inconsistency in addresses, this is your chance to clear up any confusion. An example would be that you sold a car to someone and then deposited the check they wrote you. The cause may be an interruption in employment or a medical issue.
If most of your history suggests you pay on time, a letter stating your case should be sufficient to put your lender at ease. Lots of reasons may have caused this decline in income, including having a baby, getting divorced, advancing your education, traveling or starting your own business. Miscellaneous circumstances Your credit report may be cause for concern if it shows overdraft fees, considerable cash withdrawals or some other unexplained financial irregularity.
These letters are a pretty standard part of mortgage applications. Here are the important elements that your letter should include: Facts. Include all the details with correct dates and dollar amounts. Explain how and when the situation was resolved. Recognize if and how you could have avoided this mistake. Ask someone to proofread your letter for clarity, grammar and spelling.
You should include any documentation with your letter that speaks to your case.
They can be fairly negative and can even bring down your mood. However, they are a natural part of any homeowners association. Everyone has a say of their own, whether you like it or not.
Although complaints are normal in an HOA, dealing with them can be a tall order. Not all board members are equipped to handle HOA complaints thrown their way. As an HOA board member, it is part of your job to resolve conflicts and listen to complaints.
More than that, you have a responsibility to handle them the right way. After all, the slightest mistake could land you in hot water with not just the HOA but with the law, as well. As a board member, when a resident approaches you with a complaint, you must fight your tendency to react badly.
Moreover, it would be unfair for you to generalize that all homeowners complain simply because they want to. Instead, you should assume that residents complain because they genuinely care about the community. If a resident gives you a complaint, whatever it may be, thank them for their input and assure them that they have been heard. Sometimes, all they need is for you to lend them an ear.
Acknowledge their concerns but promise nothing, even if your heart tells you otherwise. Practice this way of responding to complaints as often as possible. While it is easy to fall back on old habits, you must always remember that your actions define you. Step 2: Check the Law After a homeowner submits their complaint, it is time to work towards a resolution.
You may not even need to go any further if the law already has a solution. Of course, the law can sometimes be too vague or general. Examine the situation, as well as the parties involved, and talk about how you can come up with a win-win resolution.
Take note, though. Step 5: Communicate the Resolution After deliberating with the board and HOA manager, it is now time to deliver the news to the complainant. Depending on the final decision, this portion will either be a breeze or be a total nightmare. If you arrive at a resolution the complainant rejects, it may even bring up more bad blood.
When you communicate the resolution, make sure to come from a place of empathy. Again, recognize their feelings and try not to rile them up. Explain how and why you have arrived at this decision. Let them know the board only wants what is best for the community. Have Complaints Submitted in Writing If owners strongly believe in their complaint, they should put it in writing and, at the very least, identify themselves.
Asking them to submit an HOA complaint letter is ideal because it allows you to have a hard copy of the complaint. Furthermore, it gives you the ability to follow up and gather more information if necessary. Have a clear protocol on how to file a complaint against HOA community members. Some homeowners may be concerned about revealing their identity. In this case, what you have to do is explain why you need their name and information.
Assure them that you will keep their identity and information confidential if the situation allows it. Come up with a format for your HOA complaint letter for your members to follow. In this case, consider collecting them informally. Many board members receive them through a town hall community meeting. Another option is to set up a committee with board members who are ready to hear homeowner complaints.
The manager should be trained in conflict resolution, be able to effectively resolve heated situations, and know how to handle HOA complaints with relative ease. Some complaints will be rather easy to resolve and verify, but others will be more difficult to deal with.
If they can not be verified easily, the community manager should still investigate the situation and explain the resolution process to the homeowner in question. Give Your Manager Power But Not Too Much As a board member, you need to meet with your community manager and learn more about their company or organization.
If the company has a customer service department that deals with homeowner complaints, do not give them too much power to handle these disputes. They will likely give terrible advice and only make these disputes worse. Understand When the Board Needs to Act on a Complaint If there is not enough information to resolve a complaint right away, additional investigation will be necessary, and the board should consider taking action as well. It should be placed as an item on the board meeting agenda within a certain amount of time — ideally within 90 days — depending on the severity of the complaint.
While you are waiting for the complaint to be addressed at the board meeting, keep in contact with the complainant. If the complaint is about another homeowner or a vendor, speak with these individuals to gather more information.
After this, the dispute should be handled by the board of directors, and the complainant should have the opportunity to testify on his or her behalf.
Let this guide and set of tips help you handle HOA complaints from here on out. Not all complaints are made equal, though, so it may take some time to adjust to each new one every time a resident complains. Management companies make dealing with complaints a much easier process.
Homeowner Association (HOA)
How Should The Board Deal With Delinquent HOA Dues
If you receive a notice that your dues are in arrears, or that you have violated a rule, your first step should be to call and ask for a face-to-face meeting. If you believe the board is in error, ask for clarification — in writing — about precisely which rule the board believes was violated, plus what action the board is seeking. For most homeowners dissatisfied with how their community is being run, the most effective option often is to rally neighbors to seek change and run for a seat on the board yourself.
Here are six ways to effectively fight with your homeowners, co-op or condo association: Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase. Knowing the rules and complying keep you out of trouble. Ask for a hearing and follow the process outlined in your documents for procedures. Be pleasant.
Your board members and committee members are your neighbors, and they are working as volunteers. Treating everyone with kindness will get your position a more respectful hearing. You want to have a paper trail in case you do end up in court. Know the penalties. Some associations can levy massive fines that can become a lien on your house and lead to foreclosure. Keep the stakes in mind when you are deciding how far to take your fight. Otherwise, the amount due can escalate once the board starts adding attorney fees.
Property policies only cover losses due to covered perils listed on the policy. Insurance Adjusters. Obviously, this snooc dog porno mosic 2019 will be scrutinized extensively, and the adjusters assigned to the loss will no doubt be scouring the policy language for what their duty is to the insured after the reports stating the official cause of the collapse are finalized.
According to initial reports, the collapse has been attributed to structural damage due to poor building design and poor drainage on the pool deck and planters. Poor building design is not a covered peril. Condominium master policies were not designed to protect against a loss like this. Cost to Rebuild. General Liability and Umbrella Policies.
That said, we would expect that the General Liability and Umbrella policies the Association maintains to step in and pay the expected liability claims brought by the families of those poor folks that perished in the collapse. Beyond that, the individual owners may be held liable for any awards in excess of the collectible insurance coverage. Financial Hardship. It's a very sad set of circumstances indeed.
Sad for those who lost their lives, for the families of those who died, and for the owners who survived and who will likely face financial hardships as a result. Audit Disclosures. What did the auditor know, when did he she know it, when and how was it disclosed in the financial statements? CAI should develop the best accounting and reporting practices for HOAs across the country, because what is going on now is misleading, fails to reflect economic reality, and inconsistent with current liability recognition standards.
I am surprised you took such a political stance in answering a simple question regarding ADUs. I was put off by your answer. When governors and legislators constantly make terrible decisions that disrupt our communities, someone needs to speak up. Turning garages into rental units and building another one in the yard is one of those short-sighted decisions that will have a long-term negative impact on communities.
Senate Bills 9 and 10 are two more bills that will destroy property values and strain HOA resources if passed into law.
Politics are all around us. Being polite and not engaging in the fight is not an option. When boards of directors make terrible decisions, you replace them. The same is true with politicians.
YouTube Videos. Adrian - Kudos on another excellent explaining video on the HOA process that breaks it down into understandable and basic bite-size pieces. Thanks for putting on YouTube. I have subscribed. Perhaps more newsletter recipients should know about ability to subscribe to your YouTube channel. Our video describes the purpose of associations — why are they created and what are they supposed to do?
What role does a board of directors play in managing an association? Surfside Condominium Collapse Share The collapse of the story condominium tower in Surfside, Florida captured the nation's attention because it was so sudden and deadly. Things like this are not supposed to happen. Perfect Storm. It appears a number of factors contributed to the tragedy. Among them were construction defects, environmental factors, poor code enforcement, poor maintenance, and a refusal to impose special assessments to make needed repairs.
Infive members of the seven-member condo board resigned in frustration over endless debate concerning the scope of work and its cost. In the president's letter of resignation, she pointed out that the prior president was undermined repeatedly and couldn't get anything done.
The sniping continued against the new president. She complained of "ego battles, undermining the roles of fellow board members, circulation of gossip and mistruths. Rogue directors who blocked repairs had deadly consequences. It led to the deaths of over members. Lawsuits have already been filed against the association, with more on the way. The association is now in court-ordered receivership.
They should have the property inspected and a report prepared, and then take appropriate action. Maintenance and Safety.
For projects older than ten years, boards must fulfill their primary duties — maintenance of the common areas and ensuring sufficient funds are available to do so. That means properly funding their reserves and then spending those monies to keep building components in good condition.
When directors receive a report warning of imminent harm, they should move quickly with an emergency special assessment, if needed, to address the danger. Our board is having an interim meeting between regular board meetings every month. We have motions, votes, and executive meetings during these meetings. Is it legal to do this and call it an interim meeting? Whenever a quorum of directors gets together to "hear, discuss, or deliberate upon any item of business," it's a board meeting, no matter what they call it.
Taxes on ADUs. Will building an ADU increase property taxes on the land owner? I suspect the answer is yes. Local governments are always looking for more tax revenue. Building an Accessory Dwelling Unit ADU in one's backyard is no different than adding onto your house, which triggers a reassessment and increased taxes.
Converting a garage into a JADU doesn't add square footage, but it's an improvement which increases taxable value. Maybe some of our readers have experience with this and can report on it. Continue Masking? I'm vaccinated but immuno-compromised due to medication for rheumatoid arthritis. Can I ask my HOA to continue to require masking and social distancing for everyone in our laundry room as a provision of the Americans with Disabilities Act?
Requiring everyone in the complex to wear a mask to protect you when you have alternatives may be a bridge too far. In Davis v. Echo Valley Condominium Association, Davis suffered from asthma and claimed the association's refusal to ban smoking discriminated against her because of her health issues and was in violation of the federal Fair Housing Act FHA.
The court determined that a smoking ban would amount to a fundamental alteration of the association's policies and would intrude on the rights of other residents to afghan kush edibles within their units.
The court ruled that a smoking ban is not a reasonable accommodation. Suspend Cable TV. As part of the dues, our association covers cable TV for all owners. If a homeowner is behind in their dues and has rebuffed all payment plans, can their cable be shut off until they are paid in full? It's a service, not an entitlement.
How to Win a Fight With Your HOA (Without Going Broke)
Before suspending the service, you should hold a jailbreak apple tv 3 and give the person an opportunity to pay the monies owed or enter into a payment plan. ADUs in Front Yards. You mentioned that ADUs can be in a garage or back yard. Placer County is interpreting the law to mean they can be in the front yard also. They are even granting variances to front setbacks to allow them to be built between the existing home and the street.
If there is another interpretation or court ruling that restricts ADUs to the back yard or garage, please write about it and let us know ASAP! The Governor and Legislature are putting band-aids on the housing crisis. Robbing communities of the right to control their own zoning, breaking up stable single-family home neighborhoods, adding more cars to streets, and overloading facilities is not the solution. A new Governor and Legislature may be the solution. Changing Management Companies.
We are in the throes of changing management companies. Our intention is to overlap services for the sake of a "smoother" transition 2-weeks' worth. Is there a statute that prohibits such an overlap of management companies? It addresses Davis-Stirling requirements on HOA boards of directors, their notice obligations, approval requirements, disclosures, and increase limitations.
Does anyone know a good investigative journalist who can dig into her present and past activities? Does she live in an association? Was she ever on a board of directors? Was she recalled by the membership? Something happened to trigger her hostility.
There were repeated warnings by others and me that her election bill was a train wreck. She refused to listen and plowed ahead. She called the legislation her "baby. Thank you for today's newsletter. The information is just the best. Your Newsletter is great! An oasis in a condo desertscape. Totally worth the time and effort. Boards need to retain an attorney to review all the facts and give a legal opinion. New Mask Mandate Share As we noted in yesterday's Video Bulletin, Reopening without Tiersall unvaccinated persons are required to wear masks in indoor public settings and businesses.
Does this apply to HOA clubhouses, pools, gyms, and board meetings? We don't know. As with everything else in the pandemic, Health Department mandates forget to address the issue. We suspect associations are included in their mandate even though we don't fit the definition of "indoor public settings and businesses.
Where masks are required only for those who are unvaccinated, the California Department of Public Health allows the following options: 1. Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest to vaccination prior to entry; 2. Implement vaccine verification to determine whether individuals must wear a mask; or 3.
Require all to wear masks. We recommend the first option — signage that allows vaccinated individuals to self-attest to their vaccination. The picture above is a poster now being used by Albertson's Markets.
The message under the mask states: If you shop in our store without a mask, you are attesting to the fact that you are fully vaccinated. To minimize risk, we recommend associations post similar signage in their indoor common areas.
We will provide additional information as we learn more about the mandates. Reopening without Tiers Share We are pleased to introduce a new educational venue for our readers. The Bulletin will cover a wide range of topics, such as breaking news, trends in the industry, legislation, case law, and more. Our Video Bulletins will feature our attorneys and special guests. They will then be published the same day through this newsletter, our website, social media, and our YouTube channel: HOA Legal Issues.
It is important to note that local Health Officers can impose additional requirements, which some have already done. One such Order relaxes the physical location requirement for the Brown Act and the Bagley-Keene Act, which apply to public meetings. As before, the guidance is silent on HOA meetings. Face Masks. Each scenario will be different. As more information becomes available, we will publish it. Associations can reopen their facilities but still need to follow applicable Health department directives.
Proof of Vaccination. Those who are fully vaccinated will be allowed to use the association's gym and other facilities as they did before the State went into lockdown.
Those who have not been vaccinated will be required to continue wearing masks in outdoor common areas where physical distancing cannot be maintained, as well as in indoor common areas. It means associations still need rules to comply with these requirements.