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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Welcome & Home Page — 2008 December

2008 December 31

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

Welcome & Home Page — 2007 December

2007 December

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

Welcome & Home Page — 2006 December

2006 December

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

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 terms "End of Post" (include the quotation marks) and typekey 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 terms "end of post" or typekey, all of the "index" summaries are 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 "end of post" or typekey 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 "end of post".  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 "end of post" 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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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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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 "End of Post" in the search string to most eliminate multiple hits.  The term "End of Post" 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 "End of Post" in the search string to most eliminate multiple hits
  • 2008 Sep 12 — changed "Post a Comment" to "End of Post".  
• 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

Read the continuation of this Post and any Comments.
Or Click Show All for the Above Introduction and the Continuation of this Post and any Comments.

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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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Attention: Michigan Residents in Owners Associations

2006 April 30
Last update:  2009 Aug 10.  See History for brief descriptions of changes and updates. 

Dear Michigan Residents in Owners Associations:

    This post is an attempt to locate Michigan residents whose homes/property are in a common interest development (CID) governed by a property owners association (POA), who are interested in Michigan legislation that may address some of the problems you are having with the developer of the CID and/or the property owners association (POA) that manages the affairs of the CID.   

    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.

    Visitors from Michigan to this weblog for the period, 2009 Jul 18 — 2009 Aug 08, are shown in the map below.  Click on the image for a full-size and clearer view in a new window.  Then close the new window or return to the window for this post.  

 

Click continuation to access maps covering three-week periods in reverse chronological order. 

    At the end of the continuation is a comment section which may also be used for communicating your problems in Michigan POAs to others. 

    Please read the Welcome Page for more information on this weblog.  Thanks for your interest. 

Don Nordeen
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Scroll down past the Key Words for continuation for access to maps and to add comments. 

• Key Words:  The list of words and terms are those used typically used in internet searches concerning property owners associations.  Specifically, any search containing "Michigan" and other terms which are included in the list should result in a "hit" to this post.  This is a way to try to locate residents in Michigan who may be interested in joining forces to improve CID and POA legislation.
         List of Key Words and Terms: ABA, ABA Model Nonprofit Corporation Act, abuse, access, access to records, accountable, accounting, accounting standards, ACLU, advocacy, ADR, agency, AICPA, AICPA Audit & Accounting Guide, AICPA Audit & Accounting Guide for Common Interest Reality Associations, alternate dispute resolution, amendment, annual meeting, arbitrary, arbitrary and capricious, architectural control committee, architectural committee, Armand Arabian, Articles of Incorporation, association of owners, association of co-owners, association manager, attorney, attorney client privilege, attorney general, attorney obligations, audit, backlash, bill of rights, board of directors, board of trustees, breach, breach of fiduciary duty, business judgment rule, bylaws, CAI, capricious, Carl Lisman, Carol Silverman, case law, CC&R, CC&Rs, Charles Egan Goff, Charles Goff, CHORE, CID, CIDs/POAs, client, client attorney privilege, client lawyer privilege, client attorney privilege, closed session, collection, common interest community, common interest homeowners coalition, Common Interest Realty Association, CIRA, community association, Community Associations Institute, complaint, compliance, condo, condominium, Condominium Act, condominium association, conflict, consolidated financial statements, constitution, corrective action, Covenant, Covenants Conditions and Restrictions, CPA, declarant, definition, democracy, democratic, depreciation, developer, developer control, development, director, directors obligations, disclosure, dispute, dispute resolution, due process, dues, duties, duty, duty of care, duty of loyalty, duty of obedience, duty to act, easement, election, Elizabeth A. Pitrof, enforcement, enforcing, engagement, engagement letter, Evan McKenzie, excessive, executive, executive session, expert, FASB, fiduciary, fiduciary duty, fiduciary duties, fiduciaries, fine, condo ombudsman, condominium ombudsman, HOA abuse, HOA ombudsman, flsenate, foreclosure, Frank Askin, freedom of information, GAAP, generic CC&Rs, glossary, Goff, governance, Governance of Not-for-Profit Organizations, governing, governing documents, grievance, harass, harassment, handbook, HOA, homeowners associations, home owners associations, HOA, Homeowner Bill of Rights, improvement, Joe West, land development, law, laws, lawsuit, lawyer, lawyer client privilege, legislation, legislative, legislature, limitations, Maryland, members' rights, Michigan, model bylaws, model CC&Rs, model homeowners covenants conditions and restrictions, negligence, Nevada, New Jersey, nonprofit, Nonprofit Corporation Act, nonprofit GAAP, obligations, ombudsman, open meetings, organization as client, owners' rights, Pat Haruff, planned communities, planned unit development, POA Act, private government, Privatopia, privatopia papers, problem solving, problems, property owners association, POA, property rights, proxy vote, proxy voting, public policy, PUD, quorum, Radburn, regulation, rental, reserve, reserve fund, restriction, restrictive covenants, Robert Nelson, roles and responsibilities, rule, rules and regulations, special meeting, Stephen Barton, subdivision, transparency, trustee, UCIOA, Uniform Law Commissioners, Uniform Planned Community Act, unreasonable, vacation rental, Vail and Mintz.

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Welcome & Home Page — 2005 December

2005 December

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

About This Writer

2005 October 30

    As explained in the Welcome post, I am particularly interested in establishing communication with those of you who have a similar interest in democratic reform of property owners association law to broaden the collaborative effort.

    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 below. 

    I was a president of an owners association for four years (board member for five) during which there was major ligitation with the developer leading to conveyance of $5,000,000 in common property (golf course, clubhouse, community center, park on a lake, other) to the association and transition from developer control to member control. 

    Subsequent to the transition, the board of directors became an oligarchy and has plunged the association into major debt by overspending on improvement to common facilities based on defective financial justification and inadequate capabilities in budgeting and financial controls.  Many of their actions appear to have been inconsistent with the governing documents.  Expressions of concern, explanation of the provisions in the governing documents, and requests for corrective action were ignored. 

    Even though some amendments were made to the governing documents in preparation for conveyance of the common properties, the provisions in the governing documents were still largely based on the developer's interest as originally drafted by the developer — I call this the Developer's Model for Governance.  Consequently, the governing documents did not provide the basis for intervention by a few members who believed that the board was overspending and was not responsive to the collective interests of the members. 

    It was also apparent that the Michigan Nonprofit Corporation Act under which the association was organized (Michigan does not have a POA law) was of no help.  Moreover, there is very limited case law in Michigan regarding POAs to have any certainty as to how courts might rule.  Likely, case law concerning for-profit corporations would be applied to the POA as a non-profit corporation. 

    This leads to the conclusion that, even if all the "right" provisions had existed in the governing documents, the basis for the members to intervene through legal action was still uncertain because of lack of Michigan POA law concerning POAs. 

    The continuation of this post provides additional information on my involvement in property owners associations which should explain my interest in POA legislation. Specifically, it includes a brief history of the PUD and its owners association.  It is an interesting story of what can happen and does in common interest developments.  This story is not unique. 

Don Nordeen
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Ground Rules for Comments & Posts

2005 August 11
Last update:  2005 Oct 06.  See History for brief descriptions of changes and updates. 

    Your comments and questions are encouraged.  My major ground rule is that the comment or message must not be disagreeable.  It is okay to disagree, but not okay to disparage any person.  No discussion of motives.  Please read the continuation of this post before submitting comments or posts.  Thanks.

Don Nordeen
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• History: 
  • 2005 Aug 11 — Initial Post
  • 2005 Oct 06 — updated
• Links:  Ground Rules for Comments & Posts at [http://swagman.typepad.com/poa_governance/2005/08/ground_rules_fo_1.html]
• Key Words:  KeyWords

Read the continuation of this Post and any Comments.
Or Click Show All for the Above Introduction and the Continuation of this Post and any Comments.

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Welcome and Home Page — 2005 June

2005 June

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

Miscellaneous Files

2005 June 30

    This post is collection of files that can be referenced in other internet documents for viewing and downloading. 

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