Board Meeting Minutes
At a minimum, the meeting minutes should contain the following elements: Type of Meeting – Regular, special or adjourned special meeting. Association Name – Record the association’s correct corporate name and the words, “Minutes of the Meeting of [insert association name]”. Event Information – Specify the meeting date, time and location. Attendants’ Names – List […]
Age Restricted Communities (AZ & NM)
For an association to be able to prohibit children from living within its community, it must follow the rules and guidelines established by the Department of Housing and Urban Development (“HUD”). The following is a summary of those guidelines: 1. At least 80% of the units must be occupied by at least one person 55 years of age or […]
Amending the Governing Documents (NM)
Amending an association’s governing documents can be more tricky than an association may expect. When associations are considering amending their governing documents, they need to keep the following factors in mind: The association needs to evaluate each governing document separately to see what the specific amendment requirement is of that document. Often, the amendment requirement for the declaration (or […]
Flag Display in HOAs (AZ & NM)
A federal law was passed in 2006 that applies to the display of the American flag. The law prohibits an association from adopting or enforcing any policy or agreement (which would include the Declaration or Rules) that “would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the […]
Annual Meetings (AZ & NM)
All nonprofit corporations are required to hold an annual meeting each year. As an association is preparing for its annual meeting, it should make sure that it knows the answers to all of the following questions: Does the annual meeting have to be held on a certain date? Which members are entitled to notice and/or […]
Antennas and Satellite Dishes (AZ & NM)
Several years ago, the federal government passed laws that allow the Federal Communications Commission (“FCC”) to enact rules that override provisions in associations’ governing documents that prohibit or limit the use of antennas and satellite dishes within their communities. The following are some common questions regarding what an association can and cannot do in relation to governance of antennas and […]
Architectural Guidelines (AZ & NM)
Many associations have provisions in their governing documents that give the association architectural control over any construction, alterations, or additions to the individual lots. Furthermore, if the association has the power of architectural control, it also usually has the power to adopt architectural guidelines. If an association has that type of power, it should keep the following issues in […]
Board Meetings (NM)
Meetings of the Board of Directors are governed by New Mexico law and by the association’s governing documents. However, if the association is a nonprofit corporation, the following rules apply to board meetings for New Mexico nonprofit corporations: Meetings of the board may be held within or without New Mexico and upon such notice as the bylaws may […]