One of those career moves took our family to Sacramento, California and I had the opportunity to ski in a novice slalom tournament at the Bell Aqua Lakes. I don’t recall doing very well in the tournament but I will never forget how cool I thought it was and how awesome I thought it would be to have a home that backed up to your own lake with your boat ready to go at a moments notice. And then I said to myself – this is where I want to live someday.

That was many years ago and while I have continued to ski at numerous venues around the world, I never really thought the dream of living on my own lake would become a reality. So you can imagine how excited I am about this project. It has been in the works for two years already and finally the stars are aligning and this life-long dream is taking shape.

I suppose you could call this the “Lake of Dreams.”  Let’s hope he builds it and, as they say, “If you build it, they will come.”

You, your business and/or your community association can sign up to participate here.

And, in the interim, you can watch the video on this link.

When to use an attorney
What the governing documents require
When a document amendment may be necessary
Statutes and case law that affect community management
How to distinguish the corporate roles of community association boards, committees, and managers
How the management contract affects and protects the manager and the association
How to tell when you’re legally acting as an agent
Which situations could lead to conflict of interest or unethical decisions
How to avoid common problems when developing and enforcing rules
How to revise existing rules and develop new ones
How to enforce architectural rules

And, as I’ve pointed out previously, it’s really, really important for Utah community association owners to have insurance.  Under the new 2011 laws, you’ll be responsible for any damage to your unit and its contents, up to the association’s deductible. And I and many others are suggesting that associations should consider increasing that deductible.

What Is Your Favorite Color?

I was a bit taken aback this morning while reviewing the SuperPAC donation information in the New York Times, to see that a Florida HOA, The Villages of Lake Sumter, Inc., had donated $250,000 to support a pro-Romney SuperPAC.  That struck me as a bit of a conflict, and probably a breach of the Association’s fiduciary duties.

Further research, however, indicates that membership in and payment of homeowner dues in the associations created in the Villages are optional, at least according to this article in Wikipedia.  (If it’s in Wikipedia, it has to be true, right?.  Just like if a candidate says it during a debate?)

I suppose that means that I’ll need to create an exception to my standard line that one of the three requirements of a community association is mandatory membership and mandatory assessments; there’s at least one exception in Florida.  I presume that the $250,00 thus came from the developer’s profits, and not from owners’ dues.

Even if it’s the developer’s money, do you think community associations should support political candidates?

As I’ve stated before, every association with common elements should have a report and needs to be setting aside reserves. And this is a decision which should be made by the board, and not the owners.

But, the Utah legislature seems to think the owners should decide, or at least have a say in the matter. The new statute on condominium reserves, Utah Code Ann. 57-8-7.5, requires that:

(6) An association of unit owners shall:

(a) annually, at the annual meeting of unit owners or at a special meeting of unit owners:

(i) present the reserve study; and

(ii) provide an opportunity for unit owners to discuss reserves and to vote on whether to fund a reserve fund and, if so, how to fund it and in what amount;

(b) prepare and keep minutes of each meeting held under Subsection (6)(a) and indicate in the minutes any decision relating to funding a reserve fund.

While the statute isn’t exactly clear, I think you would be in compliance if you have a copy (or maybe a couple of copies) available for review, summarize its recommendations, present the board’s opinion as to funding and intentions, and then ask if there are any questions or motions respecting the study or the board’s recommendation. I think the response will likely be silence. Assuming there is silence, I think the minutes can and should reflect the board’s recommendation, the opportunity for a discussion and vote, and that no motions were made.

Assuming there’s discussion, someone should be prepared to defend the board’s decision, to encourage a vote to approve a motion, to be made on behalf of the board, to ratify the funding as recommended by the board.