If you read my blog you will see that I have written on this topic (and continue to do so). So, what is working?? I am, that's what ... working continually to help HOAs and Condos and owners in them all over the state.  And here are some tips on the latest hot button issues and resources:

In the area of collections ­ personal contact: Through my vast resources, there is one common thread emerging: Some boards and management companies are having luck getting owners on payment plans before the delinquency gets too high or too old and ends up in collections which triggers the attachment of collection costs that in some cases equal or exceed the delinquent amount that is outstanding. Once an owner realizes (1) they can work it out when they get behind, (2) they can avoid exorbitant fees, and (3) they can be held personally liable for all delinquencies if their lender forecloses, they may be more willing to work with the board or manager to work out a solution.

In the area of collections ­ accountability: In November last year I sent out an E-newsletter outlining a new law that allows HOAs and Condos to record a "Request for Notice" of a Trustee Sale. You can find it on the November E-News Archives on my website. The problem: HOAs and Condos are having a very difficult time identifying buyers or lender take backs from foreclosure sales because the sales sometimes were postponed several times and the buyers were hard to locate when the sales did take place. Even if the HOA records the request, questions still arise: "What teeth does the new law have? What can you do if the Trustees do not notify the HOAs as they are supposed to do? Who enforces this law? How will they find out about it?" (Frankly, this sounds a lot like the questions unhappy owners ask about itinerant boards, but .. I digress.)

My suggestion as a followup: Put a form letter together demanding that the Trustee follow the law and recite the law in SB 1511 (discussed in the E-News article). And then every time you receive a Notice of Default in the office for an HOA property (the lenders have to send proper notices or they cannot get the junior liens extinguished when they hold their own foreclosure sales), shoot the letter to the Trustee listed in the Notice of Default. Say something like: "We trust you are aware of the law and the requirement to send us notice of the purchaser at the Trustee Sale on this property when it occurs. If you fail to do so you could be responsible for any losses that we incur for failure to have this information in a timely fashion. Our Request for Notice is recorded at .... blah blah blah." [And provide the recording information.] A written demand tends to engender more accountability than a lick and a prayer.

In the area of collections: Disclosure of Delinquent Owners Names. This is NOT a tactic that I recommend. Yes, it's frustrating for Boards and many are having serious issues finding money to pay the bills because of delinquencies, but public shame is not on my list of suggestions for successful collections. For a full discussion of the potential legal issues with that (which reach beyond the issue of privacy), visit the website and check out my February 10, 2009 blog entitled "Collections ­ What's Working."

In all other areas:  Money is tight for HOA and Condos. For years I have been producing more and more tools to help wade through the muck of deciding which laws are important and which are not, and what HOA and Condo Boards need to know. I have a great many tools available. So, hopefully, you are aware of these cost efficient options:

Updating HOA and Condo Documents ­ HOAs and Condos need to keep apprised of the legal standards. This is just one of the tools. I can provide a proposal that spells out what is needed and can identify a process and estimated cost based on that process. It is a very helpful tool in choosing the right professional for the job. Don't spend too much, and don't spend too little. Buying a boilerplate set of docs with the new laws in them for $2500 or $3000 will not serve the association well, as I have learned from many boards who came to me because the new set of docs they just "bought" are not as helpful as they had hoped. And using an inexperienced associate or professional who is not good at getting to the point or containing board members who tend to go off on tangents can lead to huge unanticipated expense in the process. A reasonable process should, in my opinion, cost in the neighborhood of $6000. This is not a set fee suggestion ­ as things can happen that render any efforts to keep control of a process contained, but it's a ballpark figure that applies when a board is diligent throughout the process and keeps it moving by doing their part. So ask for a proposal if you want some guidance.

A "Tune Up" ­ This is a product I developed and have offered for many years for HOAs and Condos that cannot, for whatever reason ­ money or otherwise ­ undertake a full document amendment process. It consists of a review of the HOA documents to determine age and content, and preparation of a "fill in the gaps" type of document that outlines the new laws and legal requirements that override the existing documents. It is critical to have some understanding of basic laws that apply. It is so easy to get off track ­ especially when relying on 5-10 or older documents (you that are relying on the 70s and 80s documents can end up in an especially deep hole). A tune up costs $1200, and could prove invaluable. It is not a substitute for updating the docs, but an affordable interim measure. I can send a proposal.

Spot Amendments, Rules, or Policies: These are tools that are available at a much lower cost to address particular issues that arise. A document "spot" amendment to clear up maintenance confusion or parking issues by clarifying responsibilities, or a policy that brings together what is existing in your documents and the law could provide a resource for consistency in applying the rules and practices among homeowners and among future boards. Owners and tenants do not read the CC&Rs or Bylaws, as a rule, but many read rules or policies. Rules and policies that properly state legal rules and practices are easier for Board members to read too, and for directors or managers to apply. A maintenance "Matrix" formulated from your existing documents by someone who knows the law too and has had vast experience in identifying responsibility can go a long way toward clarifying standards and responsibilities, and once adopted as a policy, can stand stronger than a "this is the way we have always done it" response to a legal claim that the Board should have done more. Cost ranges from a couple hundred dollars to a thousand, depending on the complexity of the work.

Books, Primers, Forms, and Guides: There is an assortment of these items available in my Webstore ranging from $25 to $50. There is the ever popular: THE DAVIS STIRLING ACT IN PLAIN ENGLISH, a publication that was started about 15 years ago. It is not enough to read the statutes (although you can access them on my website for free through The Davis Stirling Act link). You will need some help "interpreting" and applying them. And, there is a whole series of Primers on Enforcement and Policy/Rule setting (including parking, neighbor to neighbor disputes, forms, etc.) You can write your own policies and rules with the right kind of guidance. You can go down the wrong road without it. There is an entire series on Architectural Control and how to set policy and enforce it. Remember good policies and rules make life easier for an HOA Board.

There are Primers on Lease Limitation Issues, Collections, Reserves, Foreclosure, Bankruptcy (in the works as we speak), Recordkeeping, Recall, and serving as and using Election Inspectors. There are Forms Primers for Collections, Enforcement, Operations, and Architectural Control. The two newest Primers are Board Basics I and II. You cannot go wrong at $25 a pop. You can save hundreds and even thousands of dollars on legal fees. You can be on the road to recovery from stress in dealing with difficult issues, and freed from the fear of costly legal fees you would otherwise spend to find out answers to basic questions and remedies for many problems.

Free Publications, FAQs, FYI, Articles, Blogs: As you know, if you have been to my website, there is a whole host of free insightful and helpful information. This is not something I started yesterday to help those in need. It has been a passion of mine for more than 20 years. I love to take what I learn and pass it on to others.

So, when you ask the question, what is working? That's easy ... I am!