Choosing the right HOA contractors is essential to community success. It could make or break the community’s curb appeal and lead to financial losses. How can HOAs pick the right HOA contractor? Let’s find out.

 

Choosing Good HOA Contractors

Choosing the right contractor can be challenging, especially if the association doesn’t already have a working relationship with reliable vendors. Picking the wrong one can put stress on the board and homeowners. Moreover, it wastes the HOA’s money and may result in liability.

Is your HOA hiring contractors? If so, what should the board members do to ensure they choose the right ones? Here are some steps the association should take.

 

1. Check the Governing Documents

The governing documents should contain HOA contractor guidelines to help the board understand what vendors they must hire. These documents should outline the association’s maintenance responsibilities and the services it must provide.

If the board is having trouble understanding the intent of the governing documents, they can also seek help from an HOA management company or HOA attorney. These professionals can help ensure they fulfill their fiduciary responsibility to the community.

 

2. Allot a Budget for the Contractor

One of the most important parts of hiring contractors for your HOA is setting the right budget. The board must do its best to protect the community’s interest.

To avoid overspending, the board members should allot a concrete budget for the HOA contractors they will hire. The budget must be high enough to hire a reliable contractor without breaking the bank.

 

3. Get Quotes from Many HOA Contractors

Signing an HOA contractor agreement with the first vendor you find is usually a bad idea. That’s because the first contractor isn’t always the best choice. The board members should obtain quotes from at least three contractors before signing a contract. Consider getting referrals from friends, fellow homeowners, or HOA management companies.

Afterward, the board should send a request for proposal (RFP) to each contractor. The RFP should contain the HOA’s expectations from the vendor. Once the HOA receives the quotations, the board can evaluate them based on price, service inclusions, and quality. They can also interview each contractor’s representative to understand what they’ll get from the deal.

 

4. Check References

Consider it a red flag if a contractor refuses to provide references. However, if the contractor does give references, the board should diligently call or meet with these former clients to ask about their experiences. This should help the board gauge whether or not the contractor delivers good service.

If the board wants to be sure, they can also ask the contractor to provide addresses of similar projects nearby. Ideally, the projects should be ongoing or just recently completed. The board can visit these sites and speak with each neighborhood’s HOA members to evaluate the contractor if possible.

 

5. Verify Licenses, Credentials, and Insurance

It’s not enough for contractors to provide good service. They should also have the right licenses and credentials required by the industry. The contractor should also have proper general liability and workers’ compensation insurance.

For some, an HOA using unlicensed contractors might be a non-issue. However, doing so puts the HOA at risk of lawsuits if there are injuries or property damage during the project. While the HOA’s insurance policy might cover the association, it’s best to pass the cost onto the contractor and their insurance company.

 

6. Verify Subcontractor Bonding

Some HOA contractors might hire subcontractors to fulfill certain parts of the job. If this is the case, the homeowners association should make sure the contractor is bonded. This means the subcontractor will be subject to the same requirements as the main contractor.

 

7. Create a Written Contract

Hiring contractors based on verbal agreements may be tempting, but it’s generally not wise. Written contracts will protect the HOA as they outline the agreement’s various terms, prices, and payment methods.

Moreover, it’s best to establish a clear scope of work in the contract to avoid misunderstandings. This lets both parties completely understand what will be done and how much it will cost. The parties can also establish the pricing in case of extra services performed.

 

8. Negotiate the Price

Negotiating a contract can be difficult. However, it’s a good idea to try, as negotiating the price can save a lot of money down the road. The board shouldn’t hesitate to ask for discounts or about bulk pricing. This is especially true if the community is large and requires continuous work from the contractor.

 

9. Final Review

Before signing the contract, make sure to go through the terms with an experienced HOA attorney. They can help spot loopholes or other potential problems in the contract terms. Once everything seems ironed out, it’s time to sign the agreement.

 

10. Communicate Regularly

Most homeowners associations might think the process stops at the contract signing. However, it’s crucial to continue communicating with the contractor during the course of the project. This ensures that the community is kept informed of the project’s progress.

Moreover, continuing communication will allow the HOA to gauge the contractor is responsiveness. Do they answer the HOA’s questions or respond to concerns? How is their customer service? Good contractors stay responsive even after the contract signing.

If they become unresponsive or uncommunicative, it may eventually pose problems for the association. As a result, the HOA can re-evaluate its relationship with the contractor and find a new one, if necessary.

 

Hiring HOA Contractors the Right Way

If the HOA board is the community’s brain, HOA contractors are the internal organs. They keep the community well-maintained and functioning properly. That’s why HOAS need to choose the right ones to work with carefully.

Homeowners associations work with many contractors to run the community. This can be confusing, especially for large communities with more projects. A reliable program like Condo Manager can help if your community is having trouble. Call us today at (800) 626-1267 or contact us online to request a demo!

 

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Crime prevention in HOA communities should be a top priority for the board members. Otherwise, the community’s residents won’t feel safe even in their own neighborhood. This can significantly impair an HOA’s ability to attract new buyers and maintain property values.

 

10 Tips for Crime Prevention in HOA Communities

Whether it’s something major like theft or something minor like vandalism, the homeowners association should take measures to prevent any kind of crime. Not only will repeated crime necessitate more insurance policies and coverage, but it may also damage the community’s overall well-being.

Thankfully, several ways to prevent crime in an HOA community exist. Here are some HOA crime prevention tips to keep in mind.

 

1. Encourage Neighborliness

The United States is generally known for being a neighborly nation. However, not everyone is neighborly. Many may not even want to get to know their fellow community members. Even if you live in the most neighborly cities in America, encouraging neighborliness is helpful for crime prevention in HOA communities.

That’s because when everyone knows everyone else, they’re less likely to commit crimes against them. They can also more easily ask for help from their neighbors. Friendly neighbors might help others collect their mail while they’re away. This can prevent potential theft or other misdeeds.

To encourage neighborliness, consider conducting more community events. For example, the HOA can host Thanksgiving activities during the holidays. They can also host a simple BBQ with all the community members.

 

2. Keep the HOA Clean

It might not seem like an intuitive part of HOA security, but keeping the community clean can help. This is because potential offenders might target more run-down neighborhoods. After all, unruly or unkempt parks and landscapes allow them to hide. Make sure to plant thorny shrubs around the perimeter. It can also help to trim overgrown hedges and trees to eliminate points of entry.

 

3. Install Adequate Lighting

Criminals love to hide and do their business in the dark. They can’t get caught that way. Thus, HOA needs to install enough lighting fixtures around the common areas. Moreover, they should encourage the community residents to keep their porch lights on during the night. The board should communicate how important this is in keeping their community safe.

 

4. Lock the Gates

Gated communities should always keep the gates locked when not in use. Even if leaving them open is more convenient, it’s not safe. It might also help to hire security guards to man the gates or any other entry or exit points.

Remember to remind the community members to lock their homes, gates, and garages. They should also lock their cars and keep the windows closed if they habitually keep them unlocked for easy access. Living in a gated community might feel safer, but it’s never a guarantee that there won’t be criminal activity.

 

5. Install Alarm Systems and CCTVs

Burglars and other criminals are less likely to target homes within the HOA if it has alarm systems. Consider investing in good-quality ones that can be installed around the neighborhood. If the homeowners association has the budget, they can also consider installing CCTVs to monitor public spaces.

 

6. Educate the Members to Coordinate With Local Law Enforcement

Every homeowners association has a certain responsibility to keep the community secure. However, nothing beats having proactive community residents fighting crime alongside the HOA. No, this doesn’t mean the residents should join the police force to keep the community safe.

However, it means that the HOA should educate the residents to work with local law enforcement. Remind them to report any activity that seems suspicious or out of place. Even if the act seems minor, it could save a life or property.

Moreover, the HOA should give all residents with emergency and non-emergency phone numbers to call in sticky situations. The board can also partner with local law enforcement to host crime prevention activities if possible. For example, they can create a seminar discussing police tips for HOA security.

 

7. Create a Neighborhood Watch

Passive forms of security might be helpful enough for many communities. However, if the HOA wants even better security, they can organize a neighborhood watch. Doing so can bring the community together as they plan and organize how to make it much safer. It can also deter potential offenders as they know the homeowners themselves are on alert.

 

8. Be Well-Informed of News and Trends

Crime prevention in HOA communities can be made much easier if the board stays informed of current trends and crime news. Remember to pay extra attention to what’s happening locally.

Perhaps there’s a trend of thieves stealing packages from porches going around the greater area. Ensure that the members are educated on keeping themselves and their property safe. Furthermore, there’s more traffic and visitors during certain times of the year. It’s best to enact specific security protocols or rules to keep the neighborhood safe in these cases.

 

9. Enforce the Rules

It’s the board’s responsibility to enforce the HOA rules. This may be difficult to do all the time, especially for large communities. Nonetheless, it’s not enough to assume people will follow the rules given by the homeowners association. The board should proactively check for any potential violations.

Doing this not only promotes harmony but also ensures the community’s safety. After all, many of the community’s rules exist to promote safety and security. For instance, rules regarding pool hours might seem strict to some, but they can prevent potential accidents and reduce liability.

 

10. Create Safety Protocols for Vacations

Many residents go on vacation and leave their homes unattended. However, empty homes are vulnerable to theft, vandalism, and damage. That’s why many robberies happen during the holidays or vacation seasons.

When vacation season approaches, it’s crucial for HOAs to create safety protocols for homeowners to follow. Educate the residents to watch for signs that their neighbors are on vacation. Please encourage them to keep a lookout and pick up their mail while the neighbors are out.

If possible, neighbors can also park their cars on the driveway of the residents who are on vacation. This can make the house look occupied even when nobody’s there.

 

Keeping the Neighborhood Safe

Crime prevention in HOA communities is vital to maintaining property values and keeping the residents happy. Nobody wants to live in an unsafe and insecure environment, after all. The HOA board should take the necessary steps to keep the neighborhood safe to the best of their ability.

Managing a homeowners association can be tough to do alone. However, with an HOA management software like Condo Manager, it can become an absolute breeze. Call us today at (800) 626-1267 or contact us online for more information!

 

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It’s not uncommon to find issues involving encroachment in HOA communities. The homeowners or even the HOA may encroach on another homeowner’s property. When this happens, it’s important for HOAs to know how to handle the situation.

 

What Is Encroachment in HOA Communities?

Encroachment in HOA communities happens when someone goes onto another person’s property without consent. This can happen when a person steps foot on someone else’s property without permission. However, in HOAs, it often happens when a homeowner’s home or belongings cross the boundary lines onto a neighbor’s property.

Usually, encroachment of land by neighbor happens when a homeowner’s fence, garden, patio, roof overhang, or landscaping crosses property boundaries. It often also occurs when vegetation from one property begins to grow on or cross into another property.

One of the most common HOA encroachment issues involves encroaching trees. That’s because trees can fall onto a neighbor’s property when they become unsteady. A homeowner’s tree branches may also hang over property that is not theirs. These become especially problematic when they interfere with the neighbor’s use of property.

 

Easements: Acceptable Encroachments

There are times when minor encroachments are permitted in HOA communities. When a homeowner or the HOA has the legal right to cross property lines or make limited use of someone else’s property, it’s called an easement.

The community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) often contain an HOA encroachment policy to address these easements. For example, a property owner’s overhanging roof may be allowed to encroach on neighbor or association property if the homeowner’s wall sits on the property line.

Other common examples of permissible encroachment include allowance for community members to plant gardens in the HOA’s common areas. If the governing documents allow this, homeowners cannot be penalized for the act.

 

HOA Common Area Encroachment

Encroachment issues happen not just between homeowners. At times, some homeowners may even encroach onto common areas. While there may be easements for these types of encroachments, this is not always the case.

Moreover, how much common area encroachment is acceptable will vary from HOA to HOA. They may also differ when it comes to obtaining permission.

For example, some communities may allow homeowners to plant gardens in common areas as long as they obtain permission. They can submit a request to the HOA board to do so. The board may allow the action under certain conditions. Meanwhile, other communities are stricter and do not allow this, even if the homeowner asks for permission from the HOA board.

 

How to Handle Property Encroachment

Homeowners associations may be at a loss when these issues arise. The board members and homeowners may not always know what to do about encroachment. How do you resolve an encroachment issue in your community? Here are some basic guidelines to follow.

 

1. Review the Property Boundaries

The first step to resolving encroachments is to review the property boundaries. Those on the receiving end of the encroachment should do this to verify whether or not the encroachment exists. Otherwise, they may be wasting time engaging in a conflict with their neighbor, who indeed had the right to use said property.

Apart from those affected by the encroachment, HOAs should encourage everyone in the community to review their property boundaries. The board should also remind them of the HOA’s rules and regulations regarding encroachments. To avoid any mishaps, the board can tell the homeowners to put everything in writing before starting any home improvement projects.

 

2. Never Take Matters Into Your Own Hands

Homeowners who face encroachment should never take matters into their own hands. For example, a neighbor’s tree may be encroaching on your property. In these cases, it’s best not to cut off the tree’s branches or limbs without first talking to the neighbor.

This can result in legal liability. The person who cut off the tree’s limbs may need to pay damages and even attorney’s fees. In fact, certain states even have laws that address this specific issue. For example, the Code of Alabama imposes fines on those who cut certain trees on property not their own.

 

3. Engage in Informal Discussion

When it comes to resolving encroachment in HOA communities, the best place to start is by engaging in informal discussions. The affected party should approach the encroacher. They may simply be unaware of the encroachment and can quickly resolve the issue.

In many cases, simply talking to the other party settles the problem. The parties can often come to an agreement themselves without involving anyone else. For example, the person affected may choose to provide written permission or even sell part of the property to the other party. Regardless of the resolution, informal discussions help both parties avoid unnecessary conflict or a lengthy and expensive legal battle.

 

4. Use the HOA’s Dispute Resolution Mechanisms

If the matter cannot be resolved between the two homeowners, they can use the HOA’s dispute resolution mechanisms. Many homeowners associations outline a dispute resolution process in their governing documents. These often involve letting the homeowners submit a written complaint to the HOA board. The board will then review the issue at hand and help the neighbors resolve the issue.

If internal dispute resolution does not work, the HOA board may also use mediation or arbitration. This allows the homeowners to resolve the dispute without going to court. These methods allow a neutral third party to act as an intermediary between the affected parties.

 

5. Legal Action

As a last resort, homeowners may take legal action to resolve the encroachment issue. The court can decide for the parties and force compliance. However, this process can be lengthy and costly for the parties involved.

 

Common Encroachment Resolutions

When the board intervenes in encroachment issues, they often resolve the problem in a few different ways. The most common resolution they use is to ask the homeowner to remove the encroachment. They may issue a violation notice and ask the homeowner to comply.

After giving notice and holding a hearing, the offending homeowner may also face HOA fines. Some homeowners associations also remove the encroachment themselves and send the bill to the offending homeowner.

 

A Fine Line

There is a fine line between property boundaries in homeowners associations. Not all homeowners are aware of these boundary lines, and even when they are, they may still intentionally try to encroach on other people’s property. Regardless of whether the act was intentional, the board should always address encroachment in HOA communities reasonably.

Managing violations related to encroachment can be hard for homeowners associations. With HOA management software like Condo Manager, handling these issues becomes much less of a problem. Call us today at (800) 626-1267 or contact us online to find out more!

 

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HOA disputes are a common occurrence in planned communities. Neighbors will often butt heads over many different things. Sometimes, homeowners will even fight with the HOA board members. HOAS need to know how to handle these disputes the right way.

 

Internal Process: HOA Dispute Resolution Policy

In many communities, the governing documents, such as the bylaws, CC&Rs, and rules and regulations, may outline procedures for an HOA’s internal process for disputes. For example, the method may include an informal meeting between the homeowner and the HOA board. In HOA neighbor disputes, the board often acts as an intermediary.

In addition, some states have legislation that includes processes to resolve an HOA dispute. For instance, California’s Civil Code Section 5930 contains anti-lawsuit legislation. It requires HOAs and their members to undergo alternative dispute resolution measures before engaging in litigation. Indiana also has a new HOA statute, HEA 1286, that requires homeowners and HOAs to pursue a formal grievance process. The parties can only file lawsuits if the formal process is unsuccessful. When these provisions exist, HOAs must include them in their internal policy for resolving HOA disputes.

Unfortunately, not all governing documents and HOAs have internal dispute resolution policies. In such cases, adopting one in case conflict arises would be better. Here is a general HOA dispute resolution guideline communities can adopt.

 

1. Receiving Complaints or Appeals for Dispute Resolution

The process often begins when the board receives a written request for dispute resolution or HOA intervention. If the board receives a verbal complaint, they may choose to document it to keep a record of all the events. HOA board members can also require the members to submit requests in writing to formalize the process and ensure a record of all disputes.

 

2. Finding the Facts

The HOA board should assign someone to investigate the complaints received. This person may be a board member or other volunteer. If the dispute is between a homeowner and the HOA board, the person assigned should be a neutral third party to avoid conflicts of interest. They can appoint the HOA manager or even the homeowner association attorney.

Regardless, this person’s job will be gathering information about the dispute. It should be done promptly so the issue resolves quickly. The person in charge can do this by interviewing the two parties involved in the dispute. They can also collect information from other sources like event witnesses or CCTV footage, if necessary. Moreover, they should document and sort all the files so the board can review them properly.

 

3. Deciding Whether to Intervene

The board should arrange a meeting where the person appointed will present all the information they acquired. During the meeting, the board can decide whether it needs formal intervention from the HOA. A lawyer for HOA dispute resolution can also attend to provide legal counsel.

After the review, the board will provide a written notice of their decision. For example, they may write a violation notice to the offending homeowner. This notice may include a warning, fines, or restrictions of rights and privileges.

The decision may be left to a neutral third party if the dispute is between the board and a homeowner. Again, this can be the HOA dispute attorney or HOA management company. This person can offer an unbiased resolution that considers both sides. Likewise, they can write this at the end of the meeting.

 

4. Negotiation

Some HOA disputes need more careful attention. In these cases, the board can meet with the parties involved to hear all sides of the story. They can also present any remedies they might consider to the affected homeowners.

The board needs to remain neutral and objective during these negotiations. The goal must be to resolve the dispute. Ideally, all parties will agree at the end, which the board will put into writing. The neighbors can sign this agreement to acknowledge their consent.

 

Alternative Dispute Resolution

Homeowners association disputes may not always end with a simple negotiation. When the internal process fails, it may be time to use Alternative Dispute Resolution (ADR). This allows the HOA to resolve an issue with outside help.

 

Mediation

The first ADR the association can consider is mediation. This involves a third party that listens to both sides of the story. They will mediate, assisting both parties in finding a compromise. However, the mediator cannot force either side to resolve the dispute. The parties must come to a resolution together.

 

Arbitration

In arbitration, the third party also listens to both sides of the story. They can review the arguments and evidence either side presents. However, unlike mediation, the arbiter decides how to resolve the dispute. If the arbitration is mandatory, the arbiter’s decision is often final. The parties cannot take the dispute further and file a lawsuit just because they dislike the decision.

 

Dispute Resolution via Litigation

ADR mechanisms exist to prevent HOA disputes from escalating and being brought to court. However, there are times when this does happen within the HOA community. Homeowners may sue their neighbors, or the litigation may be between the homeowners and the HOA board.

In these cases, the court examines the evidence and decides the resolution. They may order specific performance so the homeowner will abide by the rule laid out. The court may also impose injunctions wherein the HOA cannot engage in a specific activity.

While litigation may be effective at resolving disputes once and for all, they are generally not ideal for anyone involved. That’s because lawsuits are long, tiring, and expensive. Hence, litigation must be a last resort for resolving HOA disputes.

 

Promoting Community Harmony

HOA disputes are inevitable in many homeowners association communities. Wherever people gather, there will always be disagreements and conflicts. It’s up to the HOA to resolve these disputes fairly and in a timely manner. The board should always prioritize community harmony, justice, and peace.

HOA disputes arise for several reasons, including mismanagement of the community. That’s why homeowners associations can benefit from using dedicated HOA management software like Condo Manager. Contact us online or call us now at (800) 626-1267 to find out more!

 

RELATED ARTICLES:

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