hoa and community standards

Started by SuzieqS • 8 replies • 1493 views

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SuzieqS (North Carolina)
Posts: 12

Posted:

I would like to ask anyone that could answer on this forum for advice on a multi-level situation.

With Homeowners Assocations growing so rapidly now in many states are there state regulatory agencies for management companies? I know some states do not have it, but I would like to hear from someone that lives in a state that does have regulations if possible. Are there specific guidelines that are followed for those agencies?

I have seen a lot of questions posed as members and such, but has anyone had a situation in which you have a very small handful of people that are just never happy? Is this the norm? I know I have talked to others in neighboring communities and they have said they have their one or two but is this something that occurs in all neighborhoods? And if so, what do you do to resolve it? As a board, a committee a member or a management company.

Is it a norm for homeowners assocations to use proxies in elections?

Thanks any and all in advance for your input!

DonnaS (Tennessee)
Posts: 5,671

Posted:

SuzieQ,
Yes Florida has regulations on Management companies. Below is just a part of the State requirements. All P.Ms must be licensed in the State if--

Florida law provides that any person who performs management services requiring substantial specialized knowledge, judgment, and managerial skill, when done for remuneration and when the association or associations being managed, contains more than 50 units or has an annual budget, or budgets, in excess of $100,000, must be licensed as a Community Association Manager.
I do not know the requirements for obtaining the license but the Company must also be licensed by the State.

Any yes, there will alwys be people who are unhappy living in a controlled environment but they made the choice to do so. There is no resolution to their attitudes and behaviors so we just let them do grumble and move on along with or without them.

The State of Florida allows for the use of "Limited Proxies" if the governing Documents state for their use. Some States do not allow them as each State is different.

SuzieqS (North Carolina)
Posts: 12

Posted:

Great information donna thank you so much!

Do you know how long florida has been doing this?

I was just wondering because in my state it doesnt appear there is a mandatory regulation.
I think a management company can volunarily be regulated through real estate commission but not sure, I am doing more research.

thanks for your input about people who are unhappy. It is an unending abyss!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your state may have a non-profit corporation law, which may have some info regarding the use of proxies. Lacking state guidelines, your own bylaws should define how and when proxies are used. This site has lots of discussion on proxy use. Do a search on that subject. There are many pitfalls but some benefits, too, in the use of proxies. Double-edged sword.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,
Yes, the pitfalls of proxy use is what you said, a "double edged sword"

As I am not well versed in other Stae laws and regs for HOA's but I do know Florida somewhat. Proxy use for all HOA's (not condos) follows under State Statutes 720 and that is what we are required to follow. Our "Not for Profit Corp " laws are in sync with 720. Actually, 720 was written off of many parts of the NFP laws so we do not refer to it unless we get in deep doo doo with something off of 720. Talk about confusing? After a while it sorts itself out.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Suzieq,
NO, I do not know how long Florida has been requireing licensing of P.Ms but it has been quite some time. It is under our Regulations and Licensing laws. It was not a bad idea for the State to step in on this possible fraud area and I am sure that other States must do it too.

GloriaM (North Carolina)
Posts: 829

Posted:

SuzieQ:

North Carolina will be requiring the licensing of all MC & PM's within the State of North Carolina sometime in the future perhaps 2009 or 2010. When a new law is enacted it sometimes takes time, but I do know they will be requiring it soon.

SuzieqS (North Carolina)
Posts: 12

Posted:

Thanks to all for answering my questions! It is encouraging to see a great too such as this forum to be able to dispense advice through experience, and through knowledge!

I appreciate your repsonses!

Thank you

JanP1 (Arizona)
Posts: 76

Posted:

Nevada has rather extensive laws and regulations regarding Homeowner Associations (of several types) and HOA management: NRS 116, 116a, 116b and NAC 116. There is also a Commission on Common-Interest Communities and Condo Hotels.

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