Governance of POAs

Welcome & Home Page

2009 January 01
Last Update:  2009 Aug 05.  Click on History for changes and updates.

   Welcome!  This site is work in progress and is being created to share thoughts on a variety of Common Interest Development (CID) and Property Owners Association (POA) issues.  The principal focus of the research is to assist in gaining legislation for the democratic reform of property owners associations.

    Michigan Visitors — If you are from Michigan and have found this weblog because of your concerns about governance of property owners association, and are interested in possible legislation to improve that governance and guarantee rights of individual members, please contact me.  An active group of individual property owners to contact their individual representatives and senators for enactment of a comprehensive law concerning Common Interest Developments (CIDs) and Property Owners Associations (POAs).  Click on the email link near the top of the left column. Your reply will be treated with strictest confidence.

    Michaywe Owners Association — If you have reached this weblog in search of a weblog on the Michaywe Owners Association, please be advised that the "Michaywe POA" weblog at <http://swagman.typepad.com/michaywe_poa/> is password protected, and intended only for association members.  Please send me an email by clicking on "Email Me" — the second link at the top of the left column — for name and password information.  Your email will be strictly confidential.  Michaywé

    Democratic Reform of Common Interest Development and Property Owners Association Law — I am particularly interested in establishing communication with those of you who have a similar interest in democratic reform of Common Interest Development and Property Owners Association law to broaden the collaborative effort.  It is in the interest of individual POA members to have well-functioning and well-managed POAs.  Similarly, the interests of the developers and others should be considered.  But the framework must be governance of the POA members, by the POA members and for the POA members.  Your thoughts, questions and comments are welcome.

    About This Writer — Click on the "ABOUT" link at the top of the left column for general information on this writer. More specific information related to governance of property owners associations is given in a separate post, About This Writer. 

    The Left Column — Start with the left column.  Scroll down to understand the content and arrangement.  Most should be self explanatory.   

    POA Member Resources — Internet links to other resources for POA members under the heading "POA MEMBER RESOURCES" have been added at the bottom of the left column.

    "Search this Weblog" — Two search engines are provided and produce slightly different results.  The Google search for this weblog produces more focused hits, but you may have to use the Google feature "repeat the search with the omitted results included" to locate all the relevant posts.  A separate post Search Aids has been created and is immediately below the Google search engine. Following the Search Aids section is a FreeFind search engine.  It produces separate hits for words in the comments so appears to provide duplicate hits for the associated post. 

    Aids for This Weblog — This sidebar has been added immediately below the "Search Aids" sidebar. 

    Recent Posts and Recent Updates — Recent Posts and Recent Updates for the current month are also just under the calendar in the left column.  These are in "bullet" format and include a brief description of each new post or update to provide a quick read of "what's new". . 

    Continuation of this Welcome — If you haven't visited this site before, the continuation of this post may help you navigate this site. 

Don Nordeen
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Recent Posts — 2009

Year 2009
Last update:  2009 Jul 28. 

   For explanation of recent posts, see Recent Posts Explanation.  Then click your browser's back button/arrow to return to this listing.

Don Nordeen
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Recent Updates — 2009

2009 January 01
Last update:  2009 Aug 06

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts will not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Request to AIP re Meeting Minutes

2009 August 20
Click on History for changes and updates.

    The continuation of this post is a request to the American Institute of Parliamentarians for a revision of the content in "What Minutes Should Contain" in their book, "The Standard Code of Parliamentary Procedure".  The request was made at the AIP website with a link to this post.  

Don Nordeen
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• Key Words:  • Fiduciary Duty;  • POA Governance;  • POA Resources;  American Institute of Parliamentarians;  communication;  fiduciary duty;  members;  meeting minutes;  Robert's Rules of Order Newly Revised;  RON

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Discussion Concerning Meeting Minutes

2009 July 28
Last edit:  2008 Aug 08.  See History for brief descriptions of changes and updates. 

    The question concerning the content and detail to be included in meeting minutes has been the subject of numerous posts on HOA Talk.  It is an important question.  There are many considerations. 

     The continuation of this post is a discussion of that question with references to papers by other  writers.  My recommendation is for sufficient detail so that the reasons for each action are described for all potential users of the minutes.  Members have a right to know how they are being represented in board decisions, and that includes how each member voted on each motion. 

Don Nordeen
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Please be advised that the writer is not an attorney, and this is not legal advice. The information is based on research on information available in the public domain.
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• Key Words:  • Attorney Issues;  • Fiduciary Duty;  • Governing Documents;  • Nonprofit Corporation Acts;  • POA Board of Directors Issues;  • POA Governance;  • POA Members' Rights;  access to records;  access;  accountable;  arbitrary and capricious;  arbitrary;  board of directors;  breach of fiduciary duty;  business judgment rule;  capricious;  closed meeting;  closed session;  duties;  duty of care;  duty of loyalty;  duty of obedience;  duty to act;  duty;  election;  executive session;  fiduciary;  fiduciaries;  fiduciary duties;  fiduciary duty;  Governance of Not-for-Profit Organizations;  governance;  governing documents;  governing;  grievance;  handbook;  harass;  harassment;  HOA abuse;  HOA ombudsman;  HOA;  home owners association;  home owners associations;  homeowners association;  meeting;  members' rights;  Michigan;  Non-profit Corporation Act;  non-profit corporation;  Nonprofit Corporation Act;  nonprofit corporation;  open meeting;  POA members' rights;  property owners association;  property owners associations;  prudent person;  public policy;  trustee; 

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Posts on HOA Talk

2009 May 05
See History for brief descriptions of changes and updates. 

    This writer has made a number of posts on HOA Discussions on HOA Talk which provide additional information on Governance or Property Owners Associations.  Click on HOA Discussions to access the discussions as a non-registered reader.  More privileges are provided if you sign up as a registered user. 

    The continuation of this post provides search information for the HOA Discussion Topics on which I have posted. 

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.  Edits are usually noted by add and delete changes. 
  • 2009 May 05 — Initial Post
• Links:  Posts on HOA Talk at [http://swagman.typepad.com/poa_governance/2009/05/posts-on-hoa-talk.html]
• Key Words:  • Accounting Principles;  • Attorney Issues;  • Case Law, Michigan & Other;  • Common Interest Development;  • Community Associations Institute;  • Fiduciary Duty;  • Governing Documents;  • Legislation, CID & POA;  • Legislation, CID & POA Model & Content;  • Legislative Issues & Proposals;  • Nonprofit Corporation Acts;  • POA Board of Directors Issues;  • POA Governance;  • POA Members' Rights;  • POA Problems;  • POA Resources;  • POAs, General;  • Private Government;  • Reference Materials & Papers;  abuse; access; access to records; accountable; accounting; accounting principles; accounting standard; ADR; advocacy; AICPA; AICPA Audit & Accounting Guide; AICPA Audit & Accounting Guide for Common Interest Reality Associations; alternate dispute resolution; alternative dispute resolution; amendment; annual meeting; architectural committee; architectural control committee; architectural review committee; attorney; attorney client privilege; attorney general; attorney obligation; audit; bill of rights; board of directors; breach of fiduciary duty; business judgment rule; bylaws; CAI; case law; CC&R; CC&Rs; CID; CID/POA; CIDs/POAs; CIRA; client; client attorney privilege; client attorney privilege; client lawyer privilege; closed meeting; closed session; collection; common interest community; common interest development; common interest homeowners coalition; Common Interest Realty Association; community association; condo; condo ombudsman; condominium; Condominium Act; condominium association; condominium ombudsman; conflict; conflict resolution; consolidated financial statement; constitution; corrective action; Covenant; Covenants Conditions and Restrictions; CPA; declarant; democracy; democratic; depreciation; developer; developer control; development; director; directors’ obligation; disclosure; dispute; dispute resolution; due process; dues; duties; duty; duty of care; duty of loyalty; duty of obedience; duty to act; easement; election; enforcement; enforcing; engagement; engagement letter; excessive; executive; FASB; fiduciaries; fiduciary; fiduciary duties; fiduciary duty; financial statement; fine; foreclosure; freedom of information; GAAP; generic CC&Rs; glossary; governance; Governance of Not-for-Profit Organizations; governing; governing documents; grievance; harass; harassment; HOA; HOA abuse; HOA ombudsman; home owners associations; Homeowner Bill of Rights; homeowners associations; improvement; land development; law; laws; lawsuit; lawyer; lawyer client privilege; legislation; Legislation, CID & POA; Legislation, CID & POA Model & Content; legislative; legislative issues & proposals; legislature; limitations; lodging; meeting; members' meeting; members' rights; model act; model bylaws; model CC&Rs; model covenants conditions and restrictions; negligence; nonprofit; nonprofit corporation; non-profit corporation; Nonprofit Corporation Act; Non-profit Corporation Act; nonprofit GAAP; notice; obligation; oligarchy; ombudsman; open meetings; organization as client; owners' rights; planned communities; planned communityplanned unit development; POA; POA Act; POA Board of Directors issues; POA governance; POA members' rights; POA problems; POAs, general; preservation; preservation fund; Private Government; private government; problem solving; problems; property owners association; property rights; proxies; proxy; proxy vote; proxy voting; public policy; PUD; quorum; reference materials & papers; regulation; rental; reserve; reserve fund; restrictive covenantcommunity association; home owners association; homeowners association; property owners association; resources; restriction; restrictive covenant; roles and responsibilities; rule; rules and regulations; special meeting; statement of rights; subdivision; transparency; trustee; unreasonable; vacation rental; vote; voting

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Should a Legal Opinion be Believed?

2009 April 18
Last edit:  2009 May 12.  See History for brief descriptions of changes and updates. 

    The title asks a very important and difficult question for members and board members of owners associations.  Contrary to a common perception, legal opinions are not unique.  A wide range of legal opinions can typically be written on a legal question depending upon the facts and documents provided and the direction from the agent of the client.

    The title is not a criticism of attorneys.  Rather, the post is an analysis of what attorneys do for clients and what that means for board members and individual members of owners associations.  A principal conclusion is that members should be very skeptical of advocacy legal opinions by attorneys for owners associations. 

     The continuation of this post discusses the issues involved and provides recommendations. 

Don Nordeen
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Please be advised that the writer is not an attorney, and this is not legal advice. The information is based on research on information available in the public domain.
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• Key Words:  Attorney Issues;  Fiduciary Duty;  Governing Documents;  POA Members' Rights; abuse; access; access to records; advocacy; agent; case law; client; engagement letter; model act

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Level the Costs of Litigation

2009 February 07
See History for brief descriptions of changes and updates. 

    This post is work in progress.  Some notes are in the continuation of this post. 

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.  Edits are usually noted by add and delete changes. 
  • 2009 Feb 07 — Initial Post
• Links:  Level the Costs of Litigation at [http://swagman.typepad.com/poa_governance/2009/02/level-the-costs-of-litigation.html]
• Key Words:  KeyWords

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Restrictive Covenants Must Be Enduring

2009 January 27
See History for brief descriptions of changes and updates. 

    Restrictive Covenants must be enduring, but not completely rigid.  This post currently consists of notes on the subject plus references to court opinions supporting the statements. 

    Your comments are invited. 

Don Nordeen
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• History: 
  • 
    
  • 2009 Jan 27 — Initial Post
• Links:  Restrictive Covenants Must Be Enduring at [http://swagman.typepad.com/poa_governance/2009/01/restrictive_cov.html]
  
• Key Words:  KeyWords

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Welcome & Home Page — 2008 December

2008 December 31

   Welcome!  Click here for the current Welcome & Home page.

Recent Posts — 2008

2008 December

   For explanation of recent posts, see Recent Posts Explanation.  Then click your browser's back button/arrow to return to this listing.

Don Nordeen
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Recent Updates — 2008

2008 January 01

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Comments on Dispute Resolution in Owners Associations

2008 December 29
See History for brief descriptions of changes and updates. 

     The continuation of this post was written by Shu Bartholomew, host and producer of On The Commons, a weekly radio show dedicated to discussing the many issues surrounding mandatory membership common ownership developments.

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
  • 2008 Dec 29 — Initial Post
• Links:  Comments on Dispute Resolution in Owners Associations at [http://swagman.typepad.com/poa_governance/2008/12/comments-on-dispute-resolution-in-owners-associations.html]
• Key Words:  Legislative Issues & Proposals;  POA Governance;  POA Members' Rights;  POA Problems;  Private Government;  dispute resolution

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Comments on Illinois Condo and HOA Council

2008 December 27
See History for brief descriptions of changes and updates. 

    Illinois has organized a Condominium Advisory Council to advise the legislature "as to necessary changes and new laws needed to improve the quality of life of residents of condominium and homeowners associations."

     The continuation of this post is an email to one of the members of the Council providing comments for consideration by the Council.  The work of the Council is really generic since the laws needed apply to all states.  

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
  • 2008 Dec 27 — Initial Post
• Links:  Comments for Illinois Condo and HOA Council at [http://swagman.typepad.com/poa_governance/2008/12/illinois-condo-and-hoa-council.html]
• Key Words:  Model Legislation, dispute resolution, democratic principles, abuse by boards

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Welcome & Home Page — 2007 December

2007 December

   Welcome!  Click here for the current Welcome & Home page. 

Recent Posts — 2007

2007 December 31

   For explanation of recent posts, see Recent Posts Explanation.  Then click your browser's back button/arrow to return to this listing.

Don Nordeen
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Proxies and Proxy Voting

2007 December 22
See History for brief descriptions of changes and updates. 

    This post discusses proxies and proxy voting.  Previously, the continuation is based on the reply I made on HOA Talk on Proxy Voting.  Your thoughts on what to add would be helpful.  Thanks.

    (Added 2009 Jan 23) The continuation of this post has been added to Meetings, Information, Proxies and Voting 

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
  • 2009 Jan 23 — Continuation text moved to Meetings, Information, Proxies and Voting 
  • 2007 Dec 22 — Initial Post
• Links:  Proxies and Proxy Voting at [http://swagman.typepad.com/poa_governance/2007/12/proxies-and-pro.html]
• Key Words:  proxy;  proxy voting; annual meeting;  special meeting;  absentee ballot

Michael Reardon's 2007 May 29 Letter to MA Legislator

2007 May 29
See History for brief descriptions of changes and updates.

    The continuation of this post is a letter from Mr. Michael Reardon to Representative Kevin Honan of the Massachusetts Legislature discussing a number of problems concerning property owners associations — particularly the lack of democratic principles. 

    His letter describes how elections are not enough to produce democratic governance.  Many writers have concluded the same.  Conduct a Google search with the phrase with quotation marks in [  ] — ["elections are not enough"].  You will get over 50,000 hits. 

Don Nordeen
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• History: 
  • 2007 May 29 — Initial Post
    
• Links:  Michael Reardon's 2007 May 29 Letter to MA Legislator at <http://swagman.typepad.com/poa_governance/2007/05/michael_reardon.html>
  
• Key Words:  • Legislative Issues & Proposals; • POA Members' Rights; • POA Problems; abuse; common interest development; community association; democratic; directors obligation; excessive; governance; legislative issues & proposals; obligation; oligarchy; POA governance; POA members' rights; POA problems; property owners association; public policy

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Definition of "Full and Accurate"

2007 February 03
Last edit:  2009 Jan 05.  See History for brief descriptions of changes and updates. 

    The term "full and accurate" is in widespread use with suffixes such as record, disclosure, statement, accounting and the like.  However, an assertion that its meaning is in the "eye of the beholder" is not uncommon suggesting that the term does not have an objective definition. 

    The continuation of this post is my research regarding the definition and use of the term.  My findings are that the term is in widespread use without any additional definition indicating that the common and ordinary meaning of the words provides an objective definition. 

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
  • 2009 Jan 05 — link to definition of "full and accurate record" added
    
  • 2007 Feb 03 — Initial Post
    
• Links:  Definition of "Full and Accurate" at [http://swagman.typepad.com/poa_governance/2007/02/definition_of_f.html]
  
• Key Words:  • Fiduciary Duty; • Governing Documents; • POA Governance; • POA Members' Rights; democratic; duties; duty; governance; members' meeting; POA governance; POA members' rights; transparency

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Draft Revision, Michigan Nonprofit Corporation Act

2007 January 24
See History for brief descriptions of changes and updates. 

    The Nonprofit Corporations Committee of the Business Law Section has been working on a revision of the Michigan Nonprofit Corporations.  The committee's reports are available at Nonprofit Corporations Committee Reports with the latest report dated 2005 March 03. 

    I have briefly reviewed a preliminary draft of the proposed amendments to the Nonprofit Corporation Act which appears to have been released in 2006 April.  I have many concerns about the fairness in the voting and related provisions that affect fundamental fairness and information provided so that members can make informed votes. 

    The continuation of this post is an email I sent to Ms. Jane Forbes, co-chair of the committee, expressing those concerns. 

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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
  • Initial Post:  2007 Jan 24
• Links:  Draft Revision, Michigan Nonprofit Corporation Act at <http://swagman.typepad.com/poa_governance/2007/01/draft_revision_.html>
  
• Key Words:  • Legislation, CID & POA; • Michigan; • Nonprofit Corporation Act; democratic; Michigan; Nonprofit Corporation Act; Non-profit Corporation Act; POA governance; proxies; proxy; proxy vote; proxy voting; vote; voting

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Meetings, Information, Proxies and Voting

2007 January 10
Last edit:  2009 Jan 23.  See History for brief descriptions of changes and updates. 

    Election laws in most states are comprehensive, and are undergoing change as problems and abuses are discovered.  No part of democratic principles is more fundamental than guaranteeing the right the vote. 

    The voting and election laws for property owners associations are minimal.  In most states, they probably have evolved from corporation law to nonprofit corporation law to laws specific to property owners associations (POAs) in some states.  In Michigan, the voting and election provisions are in the Michigan Nonprofit Corporation Act, and are minimal.

    The continuation of this post discusses the various considerations, the potentials for abuse, the need for a fair method for informed absentee voting, and a recommendation for a "two-meeting" process (similar to the concept of three readings) to ensure fair and informed voting. 

Don Nordeen
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• History: 
  • 2009 Jan 23 — Text from Proxies and Proxy Voting added as new section
  • 2007 Jan 10 — Initial Post
• Links:  Meetings, Information, Proxies and Voting at [http://swagman.typepad.com/poa_governance/2007/01/meetings_inform.html]
• Key Words:  • Fiduciary Duty; • Governing Documents; • Legislative Issues & Proposals; • Michigan; • Nonprofit Corporation Act; • POA Governance; • POA Members' Rights; • Private Government; democracy; democratic; meeting; members' meeting; members' rights; Michigan; proxies; proxy; proxy vote; proxy voting; vote; voting

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Recent Posts Explanation

2007 January 01

    The 10 most RECENT POSTS are listed by title just under the calendar.  When you click on the title, you will get a screen containing both the introduction and the continuation of that specific post. 

    I have added another post "Recent Posts" in "bullet format" to provide a listing of recent posts for the last six months or more together with a one-or two-sentence summary for a quick read.  Yearly files of the Recent Post summaries are in CATEGORY "AA. Log of Posts". 

    A separate post on Recent Updates flags significant changes with a one- of two-sentence summary.

    Click on your browser's back button/arrow to return to your current recent post. 

Don Nordeen
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    The 10 most RECENT POSTS are listed by title just under the calendar.  When you click on the title, you will get a screen containing both the introduction and the continuation of that specific post. 

    I have added another post "Recent Posts" in "bullet format" to provide a listing of recent posts for the last six months or more together with a one-or two-sentence summary for a quick read.  Yearly files of the Recent Post summaries are in CATEGORY "AA. Log of Posts". 

    A separate post on Recent Updates flags significant changes with a one- of two-sentence summary.

    Click on your browser's back button/arrow to return to your current recent post. 

Don Nordeen
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Welcome & Home Page — 2006 December

2006 December

   Welcome!  Click here for the current Welcome & Home page. 

Recent Updates — 2006 November

2006 November

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Recent Updates — 2006 October

2006 October

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Statement of Rights

2006 October 15
Last update:  2009 Jan 22.  See History for brief descriptions of changes and updates. 

    The most important concept in legislation concerning Common Interest Developments (CIDs) and Property Owners Associations (POAs) is the definition of the rights of owners of property in a CID who are also members of the governing POA.  It is the owners who provide all of the money through their purchase of property and ongoing payment of annual and special assessments for the CIDs and the function of the POAs. 

    The term, Statement of Rights, is used rather than Bill of Rights [footnote 1] to give deference to the federal Bill of Rights.  The definition of rights in the state constitutions is typically called a Declaration of Rights.  Much of the literature on this subject refers to Homeowners Bill of Rights. 

    The continuation of this post is a Statement of Rights for owners/members in a CID/POA.  Combined with the notes and comments, this Statement of Rights basically defines the content for CID/POA law for mature CIDs/POAs.  Your suggestions, recommendations and concerns are requested and are welcome.  Just add a comment.  Thanks. 

Don Nordeen
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Footnote 1 — Bill of rights is over-used, apparently to claim increased importance.  Consider a few examples of claimed bills of rights:  Library Bill of Rights, DigitalConsumer.org Bill of Rights, Academic Bill of Rights, Bill of Rights for Scientists and Engineers, Donor Bill of Rights, Patients' Bill of Rights, another Academic Bill of Rights,  Consumer Bill of Rights and Responsibilities in the Health Care Industry, another Consumer's Bill of Rights, Mortgage Consumer Bill of Rights, Cable Consumer Bill of Rights, ... .  There are literally thousands and thousands.  <Use your browser's back button/arrow to return to previous location>

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• History:  Changes are usually identified in the text with the date which facilitates searching by date. Edits are usually noted by add and delete changes. 
  
  • 2009 Jan 23 — Added more information on and references to democratic principles
  • 2009 Jan 17 — Additional information about an office of ombudsman and/or equivalent and use of specific courts for resolution of various issues
  • 2009 Jan 16 — Further editing on prohibiting fines by the POA and use of courts. 
  • 2009 Jan 15 — General editing
  • 2009 Jan 14 — Edited language concerning the meaning of "amend" and included reference to NC Supreme Court opinion in Armstrong v. Ledges which limits the scope of amendments to the CC&Rs in Rights #5, #7 and #9. 
  • 2009 Jan 13 — added new Right #3 on limitations of CC&Rs and associated notes and justification
  • 2009 Jan 12 — added text to Right #1 to allow exceptions to preservations of rights under the federal and state constitutions and to extend rights to federal and state laws
  • 2008 Sep 28 — added note that TUPCA is no longer active
  • 2007 Mar 09 — The explanation for Right #1 edited to include more discussion on the balance that must be struck between strict application of individual rights and common interests.
  • 2006 Oct 21 — Right #10 edited by add and delete language to show right with and without fines that may or may not be constitutional.
  • 2006 Oct 15 — Initial Post
• Links:  Statement of Rights at [http://swagman.typepad.com/poa_governance/2006/10/statement_of_ri.html]
• Key Words:  • Legislation, CID & POA Model & Content; • Legislative Issues & Proposals; • POA Governance; • POA Board of Directors Issues; • POA Members' Rights; • Private Government; access to records; ADR; alternate dispute resolution; alternative dispute resolution; annual meeting; arbitrary; arbitrary and capricious; Armand Arabian; attorney; attorney client privilege; attorney general; attorney obligation; audit; bill of rights; board of directors; board of trustees; board of stewards; CC&R; CC&Rs; closed meeting; closed session; common interest community; common interest development; community association; Covenants Conditions and Restrictions; democracy; democratic; dispute; dispute resolution; executive session; fair election; freedom of information; GAAP; governance; governing documents; Homeowner Bill of Rights; homeowners associations; land development; Legislation, CID & POA Model & Content; legislative issues & proposals; meeting; members' meeting; members' rights; model act; nonprofit corporation; non-profit corporation; obligation; ombudsman; open meetings; planned communities; planned unit development; POA governance; POA members' rights; POA problems; POAs, general; preservation; preservation fund; private government; property owners association; property rights; proxies; proxy; proxy vote; proxy voting; public policy; reference materials & papers; reserve; reserve fund; special meeting; statement of rights; transparency; trustee; vote; voting

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Recent Updates — 2006 September

2006 September

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Recent Updates — 2006 August

2006 August

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Outline of Dispute Resolution Recommendations

2006 August 13
Last edit:  2008 Dec 27.  See History for brief descriptions of changes and updates. 

    This post provides an outline of dispute resolution recommendations for common interest developments (CIDs) and property owners associations (POAs).  The recommendations provide practical, effective, certain, timely and low-cost means of enforcement and dispute resolution for individual POA members. 

    This is work in progress.  It is being posted at this time for comment and suggestions.  Most of the background is well developed and shows the need for reform.  The concepts of Enforcement Considerations and Dispute Resolution Considerations are closely linked.  Various alternatives for reform for listed with a few notes regarding each.  Previously, the outline in this post was included in the post on Dispute Resolution Considerations. 

Don Nordeen
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• History: 
  • 2006 Aug 13 —Initial Post
    
  • 2006 Aug 17 —added alternative of ordinance to use the municipal court for dispute resolution concerning alleged violations of CC&Rs
  • 2006 Aug 26 —added information concerning pattern of litigation involving POAs
  • 2008 Sep 29 — internet links checked and updated
  • 2008 Dec 27 — addition recommendation for ombudsman office in Office of Attorney General and recommendation on allocation of total legal costs
    
• Links:  Outline of Dispute Resolution Recommendations at <http://swagman.typepad.com/poa_governance/2006/08/outline_of_disp.html>
  
• Key Words:  • Attorney Issues; • Common Interest Development; • Fiduciary Duty; • Governing Documents; • Legislation, CID & POA Model & Content; • Legislative Issues & Proposals; • Michigan; • POA Board of Directors Issues; • POA Governance; • POA Members' Rights; • Private Government; abuse; ADR; alternate dispute resolution; alternative dispute resolution; attorney; common interest community; common interest development; community association; complaint; democracy; democratic; dispute; dispute resolution; enforcement; governance; home owners association; homeowners association; Legislation, CID & POA Model & Content; legislative issues & proposals; ombudsman; planned communities; planned development; planned unit development; private government; problem solving; property owners association; public policy; statement of rights

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Include "End^of^Post" in the Search String

2006 August 09
Last update:  2008 Oct 02.  See History for brief descriptions of changes and updates. 

    Because of the way the weblog software organizes the information for each post, searches on words and terms often result in multiple hits to the same post.  Some of these are indirect and are identified by the letters "index" in the URL — principally categories, new posts, new comments and the monthly introduction eliminate multiple hits related to these "index" summaries of introductions.  The term "EndxofxPost" (include the quotation marks but not the ^ which is used to prevent indexing of the term in the title — crazy and illogical but required) only appear in the body of the post, and therefore limits to search to the full post including the introduction.  Since the summaries for the "index" posts do not include the main body of the post which contain the term "endxofxpost", all of the "index" summaries should be eliminated from the search results. 

    If the search matches one of the words or terms in the left column, all posts and "index" summaries will be identified in the search results.  Including "endxofxpost" in the search string will reduce the number to all in the full post, which will help but still may produce many duplicate hits.  If the search results in a large number of hits, use your browser's search/find tool to determine of any of the search words or terms are in the left column.  If a category, click on the category to display all of the posts for that subject. 

    As of 2008 Sep 30, all of the full posts have been revised to include the term "endxofxpost".  The term typekey is inserted by the software and is subject to change in the software. 

    See Search Aids for This Weblog for additional explanation. 

Don Nordeen
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• History:  Changes are usually identified in the text with the date which facilitates searching by date.
• • 2006 Aug 09 — Initial Post
  • 2008 Oct 02 — Instructions changed for revision of posts to add "endxofxpost" to the body of each post. 
• Links:  Include "Post a Comment" in the Search String at <http://swagman.typepad.com/poa_governance/2006/08/include_post_a_.html>

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Email to UCIOA Chair

2006 August 09

    Maryland has recently enacted legislation setting up a Task Force on Common Ownership Communities to recommend legislation concerning common interest developments (CIDs) and property owners associations (POAs).  Maryland uses somewhat different terms.  The purpose of the enabling legislation states in part:

"FOR the purpose of creating a Task Force on Common Ownership Communities; ... requiring the Task Force to submit a certain report to the Governor and the General Assembly on or before a certain date; ... and generally relating to the Task Force on Common Ownership Communities."

In addition to scheduled hearings, a discussion forum — which includes the enabling legislation — has been established to allow broad participation. 

    The continuation of this post is an email to the "UCIOA Chair" — an individual included in the forum member list — concerning creating similar and additional means for individual owners and others to contribute to the activities to draft amendments to the Uniform Common Interest Ownership Act (UCIOA) being done under the auspices of National Conference of Commissioners on Uniform State Laws (NCCUSL). 

    I urge you to write to the UCIOA Chair at <nccusl@nccusl.org> (Please include the UCIOA in the Subject line of your email.) endorsing such opportunities for individual members to contribute.

Don Nordeen
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Recent Updates — 2006 July

2006 July

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Service Providers for POA Websites

2006 July 26
Last edit:  2009 Aug 07.  See History for brief descriptions of changes and updates.

    The opportunities to provide better services to POA members through the internet are many.  As with all new services, the features and quality vary as does the price.  The continuation of this post is based on an internet search I did and submitted to my POA for consideration.  There are several services providers and products available, and It appears that they can provide more information at less cost than by developing custom websites. The information provided was believed to be correct at the time of the research.  This post is intended for guidance only. 

Don Nordeen
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• Key Words:  • POAs, General; • POA Resources; community association; home owners association; homeowners association; property owners association; resources

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Copying Posts on This Weblog

2006 July 25

    The continuation of this post provides information on copying and using information posted on this weblog. 

Don Nordeen
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Recent Updates — 2006 June

2006 June

    Many of the posts are works in progress and will be updated as time permits.  Because of the way the software maintains the file names, the original month of posting has to be maintained.  To ensure that the internet links work, the updates must retain the original file name. 

    This continuation of this post provides a list of updates from most recent to most ancient.  Files updated will be posted by date of update and title of the post.  Click on the title to link to the updated post.

    New posts wil not be shown on this post, but will be listed under "Recent Posts — Current Month" in the left column. 

Don Nordeen
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Search Aids for This Weblog — Governance of POAs

2006 June 30
Last edit: 2008 Sep 12. See History for brief descriptions of changes and updates. 

    A separate post has been added to provide better access to search aids for this weblog.  Since I am not a software geek, I elected to use available weblog software for a research-type website.  The software provides a number of special features in the left column which provide multiple links to each post.  Consequently, each post usually appears multiple times in searches on key words.  The search engine also indexes the words in the left column.  Include "EndxofxPost" in the search string to most eliminate multiple hits.  The term "EndxofxPost" only appears in the body of the post, and therefore limits to search to the full post. 

    The continuation of this post provides a few simple aids to help you with searches.  Since the number of posts is approaching 100, the search engine may offer the quickest way to locate a post of interest.

    Please refer to Welcome & Home for additional information on the content and organization of this website. 

Don Nordeen
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• History: 
  • 2006 Jun 30 — Initial Post
    
  • 2006 Aug 09 — added note to include "EndxofxPost" in the search string to most eliminate multiple hits
  • 2008 Sep 12 — changed "Post a Comment" to "EndxofxPost".  
• Links:  Search Aids for This Weblog — Governance of POAs at <http://swagman.typepad.com/poa_governance/2006/06/search_aids_for.html>
  
• Key Words:  KeyWords

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Search Strings for CIDs and POAs

2006 June 30

    One of the difficulties concerning searches for topics for common interest developments (CIDs) and property owners associations (POAs) is that an overwhelming number of hits is usually obtained. 

    The continuation of this post offers a practical method for reducing the number of hits by including other terms with appropriate Boolean algebra in the search string. 

Don Nordeen
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Letter to UCIOA Chairman — 2006 Jun 30

2006 June 30
See History for brief descriptions of changes and updates. 

    The continuation of this post is a letter to the Chairman of the Drafting Committee for the Uniform Common Interest Ownership Act (UCIOA) developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL), often referred to as the Uniform Law Commissioners. 

    The drafting of amendments appears to have started in early 2005.  Some of the resource information for possible amendments is posted on the NCCUSL/UCIOA website, but most is only listed by title, and does not even include the name of the person and organization submitting the information.  Four drafts of successive proposed amendments are available at the website.   

    To date, almost all of the discussion and effort appears to be focused on the property law issues with very little on governance, constitutional rights, other rights, democratic principles.  My letter to the chairman was written with that perspective. 

    This letter is perhaps a milestone in my research on legislative issues concerning Common Interest Developments (CIDs) and Property Owners Associations (POAs).  An Outline of Legislation for Democratic Governance of CIDs/POAs has just been posted.  I now consider this work sufficiently developed for publication as work in progress, and solicit you suggestions for improvement.  Please add your comments. 

    More letters to the UCIOA Drafting Committee are needed to clearly express the view that it is the purchasers/owners/members who provide all the money to fund the CID Industry (developers, attorneys, builders, other real estate interests, insurance, mortgage, accountants, reserve specialists, association managers, maintenance companies, repair companies, etc.), and that the members' interests must be represented in the drafting of amendments to UCIOA. 

Don Nordeen
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• History: 
  • 2006 Jun 30 — Initial Post
• Links:  Letter to UCIOA Chairman — 2006 Jun 30 at <http://swagman.typepad.com/poa_governance/2006/06/letter_to_ucioa.html>
  
• Key Words:  KeyWords

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Outline of Legislation for Democratic Governance of CIDs/POAs

2006 June 29
Last update:  2008 Dec 27.  See History for brief descriptions of changes and updates. 

Work in Progress — Posted at this time for use and comment.

• 2006 Jul 21 — Description of legislation for governance at maturity is nearly complete.  Remaining work should only concern refinements. 

    Every common interest development and property owners association may have different governing documents.  However, a pattern of content has evolved for many reasons.  A general analysis of the many factors and aspects for current practice is presented in outline form in Outline & Analysis, CID & POA Issues.  The outline provides links to other posts at this weblog and on the internet to provide more depth supporting the analyses.  The analyses of the various aspects of the governance of most common interest developments (CIDs) and property owners associations (POAs) provide: what works well; what does not work well; what problems exist; and what problems can potentially exist — in short, what is working well and should be preserved, and what is not working well and should be discarded or improved. 

    While reactive improvements can be made by detail amendments to the appropriate legislation or governing document, the resulting patchwork may create additional problems.  A general proactive approach requires a "clean sheet of paper" and "out-of-the-box" thinking — a synthesis to create something new that moves the governance definition to a new, higher level. 

    The continuation of this post is an outline of a Democratic Model for Governance of CIDs and POAs as a broad-based, proactive approach. 

Don Nordeen
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• History: 
  • 2006 Jun 29 — Initial Post
    
  • 2006 Jul 08 — added brief description and outline of the phases in  a CID from inception to maturity
  • 2006 Jul 21 — added outline elements:  overview of legislation, difficulty of including a social contract in the CC&Rs, additional  description of enforcement and dispute resolution
  • 2006 Jul 30 — added and integrated section on superordinate (transcendent  principles for private government, also expanded material on liens, foreclosures, fines and other charges
  • 2006 Nov 27 — added reference and link to Statement of Rights 
  • 2008 Dec 23 — added discussion on interfaces with constitutions and laws
  • 2008 Dec 27 — revised minimum requirements for amendment of CC&Rs
    
• Links:  Outline of Legislation for Democratic Governance of CIDs/POAs at <http://swagman.typepad.com/poa_governance/2006/06/outline_of_legi_1.html>
  
• Key Words:  KeyWords

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Democratic Principles for CIDs and POAs

2006 June 12
Last update:  2008 Jun 30.  See History for brief descriptions of changes and updates.  

    I am finding that more and more references to democratic principles are required to address the fundamental flaws in the concept of common interest developments (CIDs) and property owners associations (POAs).  Rather than just including the democratic principles in other posts, the continuation of this post lists some of those principles in bullet form.  Many of us take many of these principles for granted.  Electing directors is only one part of a democracy.  There are many countries that have elections which we don't consider to be democracies.  Please add your additions with comments. 

Don Nordeen
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• History: 
  • 2006 Jun 12 — Initial Post
  • 2006 Jul 04 — added language from Arizona constitution re the fundamental democratic principle
  • 2008 Jun 30 — added link to Statement of Rights post
• Links:  Democratic Principles for CIDs and POAs at <http://swagman.typepad.com/poa_governance/2006/06/democratic_prin.html>
  
• Key Words:  KeyWords

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