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HOA’s: Follow Your Bylaws & Proper Parliamentary Procedure

We are regularly asked by association clients if it really matters how precisely meeting rules are followed. “Can’t we just vote on this proposal by e-mail?” “What’s the consequence if the meeting notice is not exactly right?” Without exception, our advice is always: FOLLOW THE RULES.  Read More


MANAGING NEW STARTUP CONDOMINIUMS AND COMMUNITIES FOR DEVELOPERS

Managing startup condominiums and communities is a unique job. There should be a community manager with experience working as part of a team, and that team should include other professionals in addition to the developer.

Typically, the development team will hire surveyors, engineers, architects, land planners and other specialists to lay out and plan the community’s or condominium’s infrastructure, buildings and storm water system, among other things; a professional community association management company (such as CAMS); and an attorney to draft the governing documents. Read More  Read More


WHAT TO KNOW BEFORE BUYING IN A CONDOMINIUM OR PLANNED COMMUNITY

There are many reasons people buy a home in a condominium or community association. Some great reasons include the availability and shared expense of recreational amenities, architectural style, affordability and social gatherings. However, learning all of the details of a community before purchasing is extremely important. The condominium or community association may impose restrictions and require the payment of periodic assessments, and you’ll want to be aware of these.  Read More


TRANSITION YOUR ASSOCIATION FROM THE DEVELOPER TO THE MEMBERS

For every association, there is a point when members should take over leadership and control from the developer. An association’s declaration and bylaws will stipulate when the developer is required to turn control of the association over to the members. While the state has specific timelines and triggers regarding transition to members of a condominium association through the N.C. Condominium Act, the N.C. Planned Community Act does not offer these. But there are still some things your association should expect.  Read More


NEW SALES TAX PROVISIONS FOR 2017

This 2016-17 State Budget includes several new sales tax provisions intended to clarify the application of sales and use tax on certain repair, maintenance and installation services and provides a grace period for under-collection of that tax by contractors in 2016. These new provisions will be important to individuals and companies who provide repair, maintenance and installation services to real property. For example, as opposed to current sales and use tax law, these new provisions will treat similar transactions the same regardless who performs the service. This bill removes the distinction and provides that all businesses that provide taxable repair, maintenance and installation services will be treated the same. As a practical matter, this will have the effect of taxing many more repair and maintenance services to real property. Read the attached article for details on this tax change Read More


NEW NC SALES TAX WILL IMPACT ASSOCIATIONS BUDGETS

For those of us that manage associations in NC there was recently a House Bill that was passed that will impact our associations budgets effective 2017. In summary, The NC Dept. of revenue will be taxing certain service providers that provide goods and/or services to our services to your associations. I have included the language of the bill below. On a positive note the exceptions listed exclude landscaping services, pest control, road repairs, parking lot repairs, sidewalk repairs and janitorial services. There is still confusion if the materials they provide will be taxed. Also note that pool services, and other repair and maintenance items are not included. Consult with you service and material providers regarding what the impacts will be for your associations when drafting your 2017 budgets.  Read More


How to Run a Successful Association Meeting

A condominium or community association’s annual membership meeting requires thorough preparation to be successful. One of the first things a manager or board should do is review the association’s governing documents for any annual and special membership meeting requirements.  Read More


Property Owner Association Strategies for Post-Hurricane and Disaster Events (Part 3)

In my previous two articles, I discussed preparation for catastrophic events and post-event site assessment. There are a few final steps to disaster recovery for associations, though, and those are settling the insurance claim and finalizing the cleanup and repair process  Read More


Property Owner Association Strategies for Post-Hurricane and Disaster Events (Part 2)

Does your association have a post-hurricane and disaster event plan in place? As I discussed in my last article, preparation is key for property owner associations when it comes to being ready for catastrophic events. But once the event happens, there are some steps your association should take.  Read More


Property Owner Association Strategies for Hurricane and Disaster Preparation (Part 1)

Is your association ready for a disaster or catastrophic event? A plan is critical year-round, but for the Cape Fear region, it is particularly important to be prepared for hurricanes and floods. One of the responsibilities of serving on a board of directors or committee is dealing with disasters and catastrophic events such as hurricanes, hail storms, tornadoes and forest fires, but this can also include collapsing decks and failing elevators. Does your association have a plan in place to handle these disasters? To learn more about how to develop a plan.  Read More



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