indiana hoa covenants non enforce remedy

Specific to our region, below are brief summaries of the laws in Ohio, Kentucky, and Indiana on conducting meetings remotely and current restrictions on meeting in person.

Deciding whether to continue hosting meetings in person or temporarily transition to electronic meetings is a decision that will be specific to each association in light of an association’s governing documents and applicable law. For greater convenience, HOAs and COAs may consider conducting meetings using remote technology (i.e. States have largely prohibited gatherings of individuals, which makes hosting in-person HOA/COA meetings difficult. How can we conduct HOA/COA meetings electronically? Thus, seeking legal counsel to definitely answer questions surrounding duty of care is advised. The question of duty of care is a delicate one that requires careful consideration of all legal and practical factors in play. Duty of care will likely depend on the type of community your association oversees. However, acting in the best interests of the association likely includes taking commonsense measures to protect the health and safety of residents. Generally speaking, an association’s board members owe a duty of care to the association. This is important because, even during a pandemic, board members and property management companies must operate within the limits of the governing documents.Īm I as a board member under a duty of care to residents? These documents should give a clear understanding of what is and is not required of those responsible for managing a planned community. Such documents include the condominium declaration and the covenants, conditions and restrictions (“CCR”), which are filed in the real estate records of the local county courthouse, as well as the by-laws which provide the rules on the internal governance of your association. The first thing any HOA/COA board member or property management company should do is review the documents governing an HOA/COA to understand their roles and responsibilities and consult an attorney to understand how specific provisions apply in light of a state or locality’s particular laws. Why are Association governing documents important in responding to COVID-19? State laws generally authorize this, but each state’s laws are different and each community’s governing documents are different as it relates to permitting meeting via electronic communication. Some boards may want to consider holding meetings via electronic communication, such as Skype or Zoom. Associations should consider the practical differences involved in conducting a larger meeting, such as the annual meeting of members, as compared to assembling a meeting of a smaller more, manageable group ( i.e. For essential meetings, communities should be aware of how federal, state, and local guidelines regarding social distancing and other preventative measures affect meeting in person. Of course, this depends on the provisions contained in an individual association’s governing documents as well as applicable federal, state, and local laws. Generally speaking, communities should determine which meetings are essential and nonessential and prioritize essential meetings. Should communities consider holding meetings during the pandemic?

You should consult an attorney before making decisions about HOA/COA operations during COVID-19. Every situation is unique and there is no one universal solution for all HOAs and COAs. Consulting this resource, however, should not be considered receiving legal advice. These FAQs seek to provide general information on some of the most pressing. Striking that balance naturally brings up many questions. That requires HOAs, COAs, and property management companies to strike a balance between following the obligations set forth in each association’s governing documents and protecting the health and safety of residents. Residents are at home more and more due to states’ stay-at-home orders and, for many of them, their finances have been negatively affected. One alteration that has become especially pertinent is the effect COVID-19 has on homeowners association (“HOA”) and condominium owners association (“COA”) operations. Everyone can name at least one aspect of their lives that has been fundamentally altered – at least for the time being. To say we are in uncharted territory because of the COVID-19 pandemic is an understatement.

Indiana hoa covenants non enforce remedy