Managing Rising HOA Costs: A Guide for Board Members in North Carolina

Managing rising costs is one of the biggest challenges facing HOA board members today. From increasing vendor expenses to higher insurance premiums, communities throughout North Carolina and the Carolinas are feeling the pressure. For many boards, the challenge isn’t just balancing the budget—it’s doing so while maintaining homeowner trust and satisfaction.

So how can HOA boards manage rising costs without upsetting homeowners?

Understanding the Reality: Costs Are Rising Everywhere

Rising costs aren’t unique to your community—they’re impacting homeowner associations nationwide.

Inflation, labor shortages, supply chain challenges, and increased service demands are all contributing to higher expenses. Vendors are adjusting pricing, insurance premiums continue to climb, and routine maintenance costs are higher than they were just a few years ago.

For HOA boards, this creates pressure from both sides:

  • Financial obligations are increasing

  • Homeowner expectations remain high

That tension is where strong, proactive leadership becomes essential.

The Risk of Avoiding Necessary Increases

It may feel easier in the short term to delay raising assessments or work within an unchanged budget. However, postponing necessary adjustments often leads to more significant challenges over time.

These can include:

  • Deferred maintenance that results in more costly repairs

  • Underfunded reserves that increase the likelihood of special assessments

  • Declining service quality that impacts homeowner satisfaction

  • Strain on the long-term financial stability of the association

In many cases, small, well-planned increases are far less disruptive than sudden, larger financial corrections.

Communication Builds Trust

One of the most common sources of homeowner frustration isn’t the increase itself—it’s the lack of clear communication around it.

HOA boards that communicate early and consistently often experience less resistance and greater understanding from homeowners.

This includes:

  • Explaining why costs are increasing

  • Outlining which expenses are impacted

  • Sharing how financial decisions are made

  • Reinforcing the board’s responsibility to protect the long-term financial health of the community

Transparency helps reduce confusion, minimize pushback, and build trust across the community.

Focus on Value and Accountability

Homeowners want to feel confident that their assessments are being used responsibly.

Shifting the conversation from “cost increases” to “value and accountability” can make a meaningful difference.

This can include:

  • Reviewing vendor options to help identify competitive pricing

  • Prioritizing projects based on necessity and long-term impact

  • Maintaining common areas to support property values

  • Investing in preventive maintenance to help reduce the likelihood of larger expenses later

When boards take a proactive, organized, and financially responsible approach, communities often experience fewer surprises and stronger homeowner confidence.

The Importance of Long-Term Financial Planning

Rising costs are much easier to manage when they’re anticipated—not reacted to.

Tools such as reserve studies, multi-year budgeting, and regular financial reviews support boards in:

  • Planning for future expenses

  • Reducing the likelihood of special assessments

  • Spreading costs more evenly over time

  • Making informed, data-driven decisions

This type of planning helps create stability and predictability for both the board and homeowners.

How AMG Supports HOA Boards

At Association Management Group (AMG), we understand that managing rising costs requires both structure and clear communication.

We support HOA boards throughout North Carolina and the Carolinas by helping organize and streamline key processes, including:

  • Providing detailed financial reports and supporting the board through the budget preparation process

  • Coordinating reserve studies and long-term planning efforts

  • Assisting the board in reviewing vendor contracts and comparing options to identify potential cost savings

  • Supporting consistent and transparent communication with homeowners

  • Helping ensure board decisions are well-documented and aligned with industry best practices

Our role is to support—not replace—the board’s authority, providing the tools and organization needed to make informed decisions with confidence.

Finding the Right Balance

There’s no perfect way to implement cost increases without concern—but there is a more effective approach.

It comes down to three key principles:

  • Be proactive, not reactive

  • Communicate clearly and consistently

  • Focus on long-term financial stability

Boards that follow these principles are better positioned to navigate financial challenges while maintaining homeowner trust.

The Bottom Line

Managing rising HOA costs isn’t just about numbers—it’s about leadership, communication, and planning.

Homeowners may not always welcome increases, but they are more likely to support decisions when they understand the reasoning behind them and see that their board is acting responsibly.

With the right structure and support, boards can approach these challenges with greater clarity and confidence.

Ready for Support?

Looking for support in managing your community’s budget and planning for the future?

Association Management Group (AMG) partners with HOA boards across North Carolina and the Carolinas to simplify financial planning, improve communication, and support long-term success.

Visit www.amgworld.com to learn more about how we can support your community.

What New HOA Board Members Need to Know in Their First 90 Days

Serving on a homeowners association board often begins the same way: a homeowner volunteers because they care about their community. Then the first board meeting or packet arrives.

Budgets. Contracts. Rules. Insurance policies. Vendor proposals. Meeting minutes, if they are available, going back years.

For many new board members, the learning curve is steeper than expected.

The reality is that HOA board members are volunteers stepping into a role that carries real financial, legal, and operational responsibilities. The first 90 days are less about making sweeping changes and more about learning how the community operates and why certain decisions were made in the past.

The most effective board members approach this period with curiosity, patience, and a willingness to learn from others.

Month One: Understand the Rules That Govern Your Community

Every decision an HOA board makes is shaped by its governing documents and applicable state statutes. These documents form the legal framework of the association.

New board members should start by reviewing:

  • Declaration of Covenants, Conditions & Restrictions (CC&Rs)

  • Bylaws

  • Rules and regulations

  • Architectural guidelines

  • Applicable state statutes

These documents define what the board can and cannot do. They also establish limitations that may not always be obvious at first glance.

For example, a new board member might assume the board can quickly change parking rules, modify amenities, or adjust certain policies. In reality, governing documents often set strict procedures or voting requirements before changes can occur.

Because these documents can be complex, boards should always consult qualified attorneys familiar with community association law before interpreting or changing them. Governing documents and statutes vary widely by state and community.

Resources from organizations like Community Associations Institute can also help new directors better understand the structure of community governance.

Learn the History Before Changing the Future

One of the most important things a new board member can do is review recent meeting minutes, past decisions and talk to long term or former board members. 

At first glance, some policies may seem outdated or overly cautious. But there is often history behind them.

A board member might wonder why parking rules are structured a certain way—until they learn that a previous attempt to assign parking spaces dramatically reduced visitor parking and created tension among residents.

Another board might consider hiring a cheaper contractor to save money, only to discover later that the lower bid included reduced scope and lacked proper insurance coverage.

In many communities, decisions were made to address problems that newer residents may not have experienced.

Understanding that history helps boards avoid repeating mistakes.

Month Two: Get Comfortable with the Financial Picture

For many new board members, the financial side of HOA governance feels intimidating at first. Yet understanding the community’s financial health is essential.

Key documents to review include:

  • The annual budget

  • Monthly financial statements

  • Reserve fund balances

  • Delinquency reports

  • The reserve study

A reserve study is particularly important. It helps the board plan for long-term repairs and replacements such as roofs, pavement, pools, and major building systems.

Without proper planning, communities may be forced to rely on large special assessments or emergency borrowing when infrastructure fails.

Sound financial practices—like regular reserve studies and transparent financial reporting—help protect the long-term health of the association and maintain property values.

Month Three: Understand the Risks of “Quick Fixes”

New board members often join with great ideas and a desire to improve their community. That energy is valuable.

But acting too quickly without fully understanding the situation can sometimes create unintended consequences.

Consider a few examples that boards commonly encounter:

A board may decide not to spend money on an engineering evaluation before repairing a structural issue. The repair appears less expensive initially, but the underlying problem isn’t addressed and the fix fails.

Another board may attempt to avoid legal fees by bypassing attorney review when changing policies. Later they discover the action violated the governing documents or applicable statutes.

In other cases, boards may attempt to lower dues to please homeowners, only to realize later that insurance premiums, utilities, and maintenance obligations leave the community unable to cover its basic operating costs.

The lesson is simple: good intentions should always be paired with careful analysis and professional guidance.

Talk With the People Who Know the Community Best

One of the most valuable steps new board members can take is simply having conversations.

Speaking with prior board members, committee volunteers, and community managers can provide context that doesn’t always appear in written reports.

Some associations encourage new board members to schedule an informal “coffee with the manager” meeting early in their term. These conversations can help answer questions about:

  • Ongoing projects

  • Vendor relationships

  • Past challenges

  • Upcoming financial considerations

  • Owner concerns within the community

Association Management Group, Inc. (AMG), for example, provides educational resources. For example, community leaders can explore educational materials and videos through programs like AMG’s Community Leaders Series, which provides practical guidance on governance, finances, and board responsibilities.

Education helps volunteers feel more confident and better prepared to serve their communities. 

Board Service Is a Collaborative Process

Another important lesson for new board members is that HOA governance works best as a collaborative effort.

New directors may occasionally feel that previous boards made mistakes or overlooked opportunities. That perspective is natural. But successful boards focus on learning before judging.

The most productive approach usually includes:

  • Listening first

  • Asking questions about past decisions

  • Understanding legal and financial limitations

  • Working toward consensus with fellow directors

Every board member brings different experiences and viewpoints. Strong boards respect those perspectives and work together toward solutions that benefit the entire community.

Safety, Legal, and Insurance Considerations

HOA boards also need to understand the boundaries of their responsibilities.

Community associations are typically not security providers and should never guarantee resident safety. Any criminal activity or safety concerns should always be directed to local law enforcement.

Likewise, legal questions should be handled by qualified attorneys who specialize in community association law.

Insurance coverage is another critical area where professional guidance matters. Boards should work with qualified insurance professionals to ensure the community maintains appropriate coverage for property, liability, and other risks.

The Role of Professional Management

Volunteer boards often rely on professional management partners to help navigate the complexities of running a community.

A strong management company can assist the board members with:

  • Board training and education

  • Vendor coordination and oversight

  • Financial reporting and budgeting support

  • Maintenance planning

  • Legal and insurance coordination

  • Emergency response and operational oversight

(Limitations may apply to all of the above. )

These services allow volunteer directors to focus on governance and long-term planning rather than daily operational challenges.

Experienced management teams with Local Carolina Expertise, CAI-Accredited Management (AAMC®, PCAM®) leadership, and a Reputation for Responsiveness often become trusted resources for boards as they navigate decisions that affect the entire community.

The Most Important Lesson: Be Patient

The most successful board members understand one simple truth:

Your first job isn’t to change everything. It’s to understand the community.

The first 90 days should focus on learning:

  • How the association operates

  • Why past decisions were made

  • What challenges the community faces

  • Which professionals help guide the board

By approaching the role with patience, curiosity, and a willingness to consult experts, new board members place themselves—and their communities—on a path toward thoughtful, responsible leadership.

Serving on an HOA board is a meaningful way to support the place people call home. And when volunteers take the time to learn before acting, the entire community benefits.

The Art of the Professional Pivot: What to Do When the Board Disagrees with You

In community association management, disagreement isn’t a disruption—it’s part of the process. Whether you’re a seasoned manager recommending a course of action, or a Board member in the minority of a vote needing to support the decision, knowing how to move forward with professionalism and unity is essential.

At Association Management Group (AMG), we’ve learned over 40 years that strong communities aren’t built on always being “right.” They’re built on respectful collaboration, clear roles, and knowing when to bring in specialized expertise.

1. Your Opinion Is Professional—Not Personal

Every manager and Board member brings experience and perspective to a decision. One manager might urge a timely roof repair based on wear patterns; one board member might oppose a new rule change because neighbors are concerned about fairness.

When the Board ultimately votes in a direction you didn’t advocate, the transition from debate to support matters. The goal is not to win every argument—but to uphold the community’s collective decision with integrity.

This approach reflects Local Carolina Expertise and the humility that comes with professional maturity.

2. Know Where Expertise Begins—and Ends

The best leaders know when to connect the Board with specialized professionals.

  • Legal ambiguity? Recommend a consultation with the association’s attorney.

  • Structural or infrastructure concerns? Bring in a licensed engineer.

  • Insurance questions? Connect with a dedicated risk specialist.

Imagine a community divided over a new parking enforcement policy. Rather than entrenching opinions, a manager coordinated a session with the association’s attorney and an insurance advisor. The expert input clarified liability concerns and helped the Board adopt a policy everyone could support going forward.

This kind of vendor coordination and documentation helps Boards make informed decisions and protects the association.

3. Stewardship Means Supporting the Decision

Once a decision is made—even one you didn’t vote for—your role is to help implement it clearly and consistently. Draft homeowner communication, schedule services, and ensure financial planning reflects the new direction using Transparent Financial Reporting.

This is especially meaningful for Board members in the minority: unified action maintains confidence and community cohesion. One Board member shared, “I didn’t vote for the approach—but once it passed, I made sure our communication was clear and consistent. That earned trust across the neighborhood.”

4. AMG’s Role: Connector, Steward, Trusted Advisor

At AMG, our CAI‑Accredited Management (AAMC®, PCAM®) professionals aren’t just administrators. They’re trusted partners who provide Board Empowerment Tools, facilitate discussions, and help communities navigate challenges with confidence.

We know that effective management isn’t about having the loudest voice—it’s about facilitating informed decision‑making and helping Boards translate choices into action.

Because in the end, the strength of a community isn’t measured by how often people agree, but by how effectively they move forward—together.

Note: This blog is for informational purposes only and does not constitute legal, engineering, or financial advice. Boards should consult licensed professionals for guidance in those fields.

Pickleball Court Costs & HOA Considerations: What Association Leaders Need to Know

By Paul Mengert, CEO of Association Management Group

Thinking of adding a pickleball court to your HOA? Learn about costs, legal considerations, and community impact in this guide for association leaders.

Introduction: The Growing Demand for Pickleball in HOAs

Pickleball is one of the fastest-growing sports in the U.S., and many homeowners’ associations (HOAs) are being asked whether to add courts to their communities. While new amenities can enhance property values and resident engagement, they also require careful financial planning, legal review, and member support analysis.

As the CEO of Association Management Group (AMG)—one of the Carolinas’ leading community association management firms—I frequently advise HOA boards on new amenity projects, including pickleball court construction. This blog provides a general cost breakdown, discusses court construction challenges, and highlights legal and financial considerations for association leaders.

Important Note: Pickleball court costs vary widely by location, surface material, and site conditions. This guide is intended as a starting point—HOA boards should consult legal, financial, and real estate experts before proceeding.

How Much Does It Cost to Build a Pickleball Court?

The cost of constructing a dedicated pickleball court ranges from $35,000 to $80,000. Several factors impact the final price:

1. Court Size & Layout

- Standard court (30' x 60'): $35,000–$50,000

- Larger court (34' x 64'): $40,000–$80,000

- Multi-court complexes save on per-court costs due to shared site preparation.

2. Surface Materials

- Post-Tension Concrete (Best Option) → $20,000+

- Rebar-Reinforced Concrete (Good Option) → $15,000+

- Asphalt (Budget Option) → $10,000+, but higher maintenance costs

- Acrylic Surfacing (Required for Playability) → $5,000–$15,000

3. Fencing & Lighting

- Chain-link fencing (4ft high) → $35 per linear foot

- Vinyl-coated fencing (10ft high) → $125 per linear foot

- Basic LED lighting → $2,500

- Tournament-quality lighting → $12,500

4. Site Preparation & Drainage

- Flat land → Lower costs

- Hilly terrain or poor soil → Adds $10,000+ in grading and drainage solutions


Converting a Tennis Court into Pickleball Courts

A cost-effective alternative is converting an existing tennis court into pickleball courts.

Multi-Use Court Benefits

- A single tennis court (78’ x 36’) can accommodate up to four pickleball courts.

- Dual-use lines allow tennis and pickleball play on the same surface.

- Portable pickleball nets enable easy switching between sports.

**Conversion Cost Estimate:**

- Painting pickleball lines → $1,000–$3,000

- Adjustable net systems → $150–$500 per court

- Total cost: Much lower than building a new court from scratch


Challenges & Considerations for HOA Pickleball Courts

1. Noise Concerns

Pickleball courts generate more noise than tennis due to the hard paddle-and-ball impact. This has led to complaints in some communities.

Mitigation Strategies:

- Locate courts away from homes

- Install noise-reducing barriers

- Restrict play hours

2. Legal & Liability Issues

HOA boards must review governing documents to ensure they can add a pickleball court without violating existing rules.

Consult legal counsel to determine:

- Whether a membership vote is required

- If insurance policies need coverage adjustments

- Any zoning restrictions that apply

3. Impact on Property Values

While amenities generally increase property values, a poorly planned court could do the opposite.

Best Practices:

- Consult real estate professionals for property value impact analysis.

- Survey homeowners to ensure broad support.

- Plan for long-term maintenance costs.


Assessing Community Support for Pickleball Courts

A common challenge HOA leaders face is vocal minority influence—a small but passionate group may push for a pickleball court, while the majority may not actually want or use it.

How to Gauge True Community Interest:

✔ Conduct surveys to measure overall resident support.

✔ Hold town hall meetings to discuss the pros, cons, and costs.

✔ Weigh input from real estate professionals, appraisers, and financial advisors.


Final Thoughts: Proceeding with Expert Guidance

Adding a pickleball court can be a valuable investment for a community, enhancing recreation, social engagement, and property appeal. However, it’s critical to:

✔ Consult an attorney for legal compliance.

✔ Engage real estate and valuation experts to assess impact on property values.

✔ Survey homeowners to ensure broad support for the investment.

✔ Plan for long-term maintenance and costs to protect the association’s financial health.

By taking a thoughtful, well-researched approach, community associations can make informed decisions that best serve their members both now and in the future.

For more insights on association management, amenities, and budgeting, visit www.AMGworld.com.

Mastering Emotions in High-Stress Situations: A Guide for HOA Volunteers

As a volunteer for a community association (HOA), you often find yourself navigating complex situations that may be beyond your expertise. These circumstances can lead to intense emotions, making it crucial to develop strategies to manage these feelings effectively. Here are three key elements of emotional intelligence that can help you stay composed and productive, along with the importance of selecting and relying on qualified experts to relieve stress.

 

1. Select and Rely on Qualified Experts

One of the most effective ways to relieve stress is to acknowledge when a situation requires expertise beyond your knowledge and to seek out qualified professionals. By selecting and relying on experts, you can:

Reduce Personal Stress: Delegating complex tasks to professionals can alleviate your burden and reduce stress.

Ensure Quality Solutions: Qualified experts bring specialized knowledge and skills, leading to better outcomes.

Enhance Community Trust: Demonstrating a commitment to seeking professional help can build trust within the community, showing that you prioritize effective and informed decision-making.

Avoid becoming a “do it yourself” community leader. The role of a community leader is often to engage the right experts to help them manage or execute a situation.

 

2. Tap into Your Self-Awareness

Enhancing self-awareness is the first step to managing strong emotions. By understanding what you’re feeling and why, you can better control your responses. Try this simple exercise to improve your self-awareness:

Notice Your Body: Take a moment to scan your body from head to toe. Are you tense? Where is your energy level? Recognizing physical signs of stress can help you address them promptly.

Check-in with Your Thoughts: Assess your mental state. Are your thoughts loud or quiet? Clear or confused? This can provide insight into your emotional state.

Identify Your Emotions: Pinpoint what you’re feeling. How pleasant or unpleasant are these emotions? How intense are they? Naming the feeling can help you manage it more effectively.

3. Self-Regulate Using Your Breath

Breathing exercises are a powerful tool for self-regulation. When you feel overwhelmed, take a few minutes to focus on your breath. Slow, deep breathing activates your parasympathetic nervous system, which helps reduce stress and bring you into a more relaxed state. Try this technique:

Lengthen Your Exhales: Focus on making your exhales longer than your inhales. This simple practice can slow your heart rate and calm your mind, helping you transition from a heightened emotional state to a more relaxed one.

 

4. Find Small Moments to Uplift Others

Building positive relationships within your community can significantly enhance your emotional well-being. Seeing each encounter as an opportunity to uplift others can foster a supportive and productive environment. Here are some ways to do this: 

Offer Compliments: A genuine compliment can make someone’s day and strengthen your relationship with them.

Smile: A simple smile can convey kindness and approachability, making interactions more pleasant.

Kind Greetings: Starting your interactions with a kind greeting sets a positive tone and can lead to more constructive conversations.

 

Putting It All Together

Managing intense emotions in high-stress situations is a critical skill for HOA volunteers. By selecting and relying on qualified experts, tapping into your self-awareness, using breathing techniques to self-regulate, and finding small moments to uplift others, you can navigate your role more effectively and create a more positive environment for everyone involved.

Remember, it’s normal to experience negative feelings in challenging situations. The key is to manage them in a healthy way that supports both your well-being and your effectiveness as a volunteer. Start incorporating these strategies today and notice the difference they make in your ability to handle stress and maintain composure.

 

Paul K. Mengert, CEO

Association Management Group, Inc. 

What You Need to Know about the Corporate Transparency Act

This article was originally published on March 15, 2024 by Lindsey Behnke in Association of Corporate Counsel South Carolina, First Quarter Newsletter.

ACC South Carolina Newsletter

The Corporate Transparency Act (CTA) was enacted into the National Defense Authorization Act for Fiscal Year 2021 as part of an effort to curb money laundering and other illicit activities by increasing transparency in the ownership of businesses. The CTA went into effect on January 1, 2024, and requires the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) to establish and maintain a national registry of beneficial owners of entities that are deemed reporting companies.

            The CTA potentially subjects attorneys and other professionals who advise businesses and assist with their formation to new obligations and penalties. However, the exact implications for these professionals are still unclear. The overarching concerns include advising on the CTA’s requirements and balancing disclosure requirements with responsibilities and ethical obligations.

Timeline for Compliance

            On January 1, 2024, Reporting Companies were able to make their first Beneficial Owner Information (BOI) report on the FinCEN website. New entities formed on or after January 1, 2024, but before January 1, 2025, must file the report within 90 days of receiving confirmation of the entity’s creation. 31 CFR § 1010.380(a)(1)(i)(A). New entities formed on or after January 1, 2025, must file the report within 30 days of the entities’ creation. 31 CFR § 1010.380(a)(1)(i)(B).

            Entities that existed before January 1, 2024, have a full year to comply with the CTA and must file the report by January 1, 2025. 31 CFR § 1010.380(a)(1)(iii). Further, companies that existed before January 1, 2024, do not need to include company applicant information on their initial report. 31 CFR § 1010.380(b)(2)(iv).

            Once the initial report is made, companies must remain mindful of updating requirements. There is no recurring annual update requirement; the company must only update as needed. 31 U.S.C. § 5336(b)(1)(D). If there is any change to the beneficial ownership or any other information submitted in a report, the reporting company must, within 30 days of the change, submit an updated report to FinCEN. 31 CFR § 1010.380(a)(2)(i)

Who Needs to Comply?

            Not every company needs to file a BOI report with FinCEN. The new requirements apply only to “Reporting Companies,” which is any corporation, limited liability company, limited partnership, or “other similar entity” created by filing a document with the Secretary of State or similar office under the law of a state or Indian tribe. 31 U.S.C. § 5336(a)(11)(A)(i).

Foreign reporting companies are also subject to the reporting requirements, including any corporation, LLC, or other entity formed under the law of a foreign country and registered in any state or tribal jurisdiction by filing a document with a secretary of state or any other similar office. 31 U.S.C. § 5336(a)(11)(A)(ii).

            There are several exceptions to the reporting requirements, which generally fall within, but are not limited to, the following three categories: (1) entities that already carry significant disclosure obligations, such as banks, insurance companies, and registered investment advisors; (2) tax-exempt entities, such as charities, charitable trusts, and political organizations; and (3) large operating companies. 31 U.S.C. § 5336(a)(11)(B). A company is considered a large operating company if it meets three requirements: (1) operating presence at a physical office within the United States; (2) at least 20 full-time employees within the United States; (3) filed an income tax or information return demonstrating at least $5 million in gross receipts from U.S. sources. See § 5336(a)(11)(B)(xxi). Exempt entities should be made aware that if their exempt characteristics change, they may become Reporting Companies.

Contents of the Report

            Reporting Companies need to identify each Beneficial Owner and each Company Applicant by that person’s full legal name, date of birth, current residential street address (or business street address for a Company Applicant that files in the ordinary course of business), a unique identifying number from an identification document (e.g., passport or driver’s license), and an image of the identification document. 31 U.S.C. § 5336(b)(2)(A); 31 CFR § 1010.380(b)(1)(ii). The report must also include the full legal name and any “doing business as” name of the reporting company, its complete current address, the company’s TIN, and the state, tribal, or foreign jurisdiction of the company’s formation. 31 CFR § 1010.380(b)(1)(i).

Who is a Beneficial Owner?

            The CTA defines a Beneficial Owner as anyone who either (1) exercises “substantial control” over the Reporting Company or (2) directly or indirectly owns at least 25% of a Reporting Company. 31 U.S.C. § 5336(a)(3)(A).

            “Substantial control” includes any individual acting as a senior officer, exercising authority over appointing or removing senior officers or the majority of the board of directors, exercising substantial influence over important decisions, or any other similar exercise of control. 31 CFR § 1010.280(d). The Regulations provide a non-exhaustive list of important decisions that indicate substantial control. 31 CFR § 1010.380(d)(1)(i)(C).

            Ownership includes equity, stock, or similar instruments regardless of transferability or classification and capital or profit interests in an entity; any instrument that can be converted into shares or instruments, including warrants, rights, or futures; and options, privileges, or arrangements to buy or sell the items above are also considered ownership interest, except for those created and held by third parties without the Reporting Company’s knowledge or involvement. 31 CFR § 1010.380(d)(2)(i). Additional parameters for ownership can be found in 31 CFR § 1010.380(d)(2).

            There are a few exceptions where individuals who meet the requirements may not be considered Beneficial Owners: (1) a minor child, if the information of the parent or guardian is reported instead; (2) an individual whose sole interest in the company derives from a future right of inheritance; (3) an individual who holds an interest merely on behalf of another person as a nominee, intermediary, custodian or agent (the individual acting as the principal is the Beneficial Owner); (4) employees of the Reporting Company (who are not senior officers); and (5) creditors whose interest derives solely from the right to be repaid a sum of money or similar right intended to secure the right of payment or to enhance the likelihood of repayment. 31 U.S.C. § 5336(a)(3)(B)

Who is a Company Applicant?

            A Company Applicant is the person who files the document with the Secretary of State or similar office that creates the entity and/or the individual who directs or controls the filing of the document. 31 CFR § 1010.380(e). For example, this could be the paralegal who files the document and the attorney who directs them to do so. Both would be required to submit their personal information to FinCEN as part of the reporting company’s initial report. If an attorney or law firm chooses to have the reporting company itself make the disclosures to FinCEN, it will have to provide personal identifying information to the client. To avoid this, the attorney may submit the report to FinCEN, leaving the attorney responsible for ensuring the report is accurate. The only way for an attorney to entirely avoid these concerns is to refrain from filing formation documents.   

Penalties

            It is unlawful for any person to “willfully provide, or attempt to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph or document, to FinCEN. . .or willfully fail to report or complete or update beneficial ownership information to FinCEN.” 31 U.S.C. § 5336(h)(1). Anyone who violates this can be subject to a civil penalty of $500 per day for each day the violation continues, or a fine of not more than $10,000 or two years imprisonment, or both. 31 U.S.C. § 5336(h)(3)(A).

            Further, it is unlawful for any person to knowingly disclose or use the beneficial ownership information obtained by the person through a report or disclosure submitted to FinCEN. 31 U.S.C. § 5336(h)(2). An unauthorized disclosure can lead to civil penalties of $500 per day for each day the violation continues, or a fine of not more than $250,000, or five years imprisonment or both. 31 U.S.C. § 5336(h)(3)(B). There is a safe harbor whereby an individual is not subject to civil or criminal penalty if the person has reason to believe that the report is inaccurate and voluntarily and promptly (90 days after the initial submission date) submits a corrected report. 31 U.S.C. § 5336(3)(C).

Practical Implications for Attorneys

            The CTA raises new obligations for attorneys, whether they serve as Company Applicants or not. Some clients, such as small businesses with simple ownership structures, would likely pose very few concerns for the professionals who assist them. More complicated business structures, however, will require additional diligence.

            The CTA effectively obligates professionals to fully understand the structure of the entities they serve and those entities’ beneficial owners. The Company Applicant disclosure ensures that the professionals who form the entity are tied to it in a federal database. It is unclear from the CTA how harshly the federal government will assess attorneys or other corporate service providers. On the more extreme end, filing false or incomplete information when there are obvious red flags as to an entity’s ownership could subject legal service providers to penalties.

            Attorneys and firms retained outside of companies must decide whether they will continue to file entity formation documents on behalf of their clients and whether they will assist with compiling and submitting reports to FinCEN. Serving as a Company Applicant means that the attorney will always be associated with the entity in the federal database, even if the representation of the client has ended. In-house counsel will need to familiarize themselves with the requirements of the CTA, ensure their companies’ records of beneficial owners are accurate and current, and ensure there are data security measures in place to protect the personal information the CTA requires.

Further, if an attorney chooses to submit reports to FinCEN on behalf of a client, the attorney will be responsible for providing accurate information. Until policies and procedures are in place to meet these new requirements, some attorneys may refrain from serving as a Company Applicant, particularly for more complex entities.

            For those attorneys who elect to step back from filing formation documents and/or submitting FinCEN reports, the CTA still raises additional obligations, particularly for those who advise businesses and assist with drafting operating agreements and similar governing documents. The following are some considerations, although more may become apparent:

  • Implementing a system to inform existing clients of their new reporting obligations;

  • Adding language to LLC agreements and other similar governance documents that obligates members to comply with reporting requirements;

  • Identifying Beneficial Owners in governing documents;

  • Revising firm engagement letters to clarify that clients will provide complete and accurate reporting information, especially if submitting reports to FinCEN;

  • Determining whether attorneys will continue to assist with filing formation documents, refrain entirely from doing so, or make the determination on a client-by-client basis;

  • If attorneys will not be assisting with FinCEN reports or filing formation documents, ensure that is made clear in each engagement letter; and

  • If attorneys want to serve as Company Applicants, develop a vetting process to ensure accurate information is provided and that clients are making any needed updates to FinCEN.

Lindsey Behnke is an attorney in Turner Padget's Columbia, South Carolina, office, where she is a member of the Business and Commercial Litigation team. She may be reached at lbehnke@turnerpadget.com. The preceding was prepared for informational purposes only and does not constitute legal advice. Please seek professional counsel before acting on this information.

Recruiting, Engaging, and Motivating Community Volunteers: A Guide for HOA Leaders

Introduction

Volunteers are the backbone of any thriving homeowners association (HOA). They bring diverse skills, fresh perspectives, and a passion for enhancing community life. However, recruiting, engaging, and motivating these volunteers can be a challenge. This blog explores effective strategies HOA leaders can use to build a strong, motivated volunteer base, focusing on understanding their importance, recruiting effectively, engaging meaningfully, and keeping them motivated.

1. Understanding the Importance of Volunteers

Volunteers help drive community initiatives, foster a sense of belonging among residents, and significantly reduce operational costs. Recognizing their value is the first step in effectively recruiting and engaging them. For instance, a community landscape project led by volunteers not only beautifies the neighborhood but also creates a space for residents to connect and collaborate. Additionally, volunteers often gain personal satisfaction and a sense of purpose from their contributions, enhancing their own well-being and commitment to the community.

2. Recruiting Volunteers

Identify Needs:

- Clearly define the roles and tasks that need volunteers. Whether it's organizing events, maintaining community spaces, or serving on committees, having a clear list of needs will make recruitment more targeted. For example, specifying that you need a volunteer with event planning experience for the annual community fair can attract the right individuals.

Communicate Clearly:

- Use various channels to reach out to potential volunteers. This can include community newsletters, emails, social media, and bulletin boards. Clearly outline the responsibilities, time commitments, and benefits of each role. Consider creating a volunteer recruitment video to share on social media platforms, showcasing the impact of volunteer work in the community.

Host Informational Meetings:

- Organize meet-and-greet sessions where residents can learn about volunteer opportunities. These meetings provide a platform for HOA leaders to directly communicate the importance of volunteer work and answer any questions. Sharing success stories from current volunteers during these sessions can be very motivating.

Personal Invitations:

- Sometimes, a personal touch can make all the difference. Reach out to residents individually, especially those who have shown interest in the past or have relevant skills. Personalized emails or phone calls can significantly increase engagement.

3. Engaging Volunteers

Provide Training and Support:

 - Ensure volunteers have the necessary training and resources to perform their roles effectively. Offer orientation sessions and provide ongoing support. For instance, a gardening workshop for volunteers involved in community landscaping can enhance their skills and confidence.

Create a Welcoming Environment:

- Foster a culture of inclusivity and appreciation. Make new volunteers feel welcomed and valued from the start. Host a welcome event or a potluck where new volunteers can meet seasoned ones and feel part of the community.

Encourage Collaboration:

 - Promote teamwork by organizing group projects and events. Collaboration helps volunteers feel connected to the community and to each other. For example, organizing a cleanup day for a local park can foster teamwork and camaraderie.

Solicit Feedback:

- Regularly ask for volunteers’ input on how the HOA can improve its processes and projects. This engagement shows that their opinions matter and can lead to meaningful improvements. Use surveys or suggestion boxes to gather feedback and discuss it in volunteer meetings.

4. Motivating Volunteers

Recognition and Appreciation:

 - Regularly acknowledge volunteers’ contributions. This can be through public recognition at meetings, in newsletters, or on social media. Consider organizing appreciation events or awards ceremonies. For example, an annual volunteer appreciation dinner can be a great way to show gratitude.

Provide Opportunities for Growth:

- Allow volunteers to take on new and more significant responsibilities. This not only helps them grow personally and professionally but also keeps them motivated and engaged. Offer leadership training programs or workshops to help them develop new skills.

Offer Incentives:

- While many volunteers are motivated by the desire to help, small incentives can be a nice touch. This could include gift cards, community event tickets, or discounts on community services. For example, providing free entry to a community pool or gym can be a great perk.

Foster a Sense of Ownership:

- Encourage volunteers to take ownership of their projects. When volunteers feel a sense of responsibility and pride in their work, their motivation and commitment increase. Highlight successful projects led by volunteers in newsletters or at community meetings.

Conclusion

Recruiting, engaging, and motivating volunteers is essential for the success and vitality of any HOA. By understanding the needs of your community, communicating effectively, and creating a supportive environment, HOA leaders can build a strong, dedicated team of volunteers. As we continue to navigate the complexities of community management, we value the partnership we have with each of you. Recognizing and nurturing their contributions will lead to a more vibrant and cohesive community. Remember, volunteers are not just helping the community—they are an integral part of it. Together, we can ensure the continued success and well-being of your association. Should you have any questions or require further assistance, please do not hesitate to reach out.

Written by: Paul Mengert, PCAM - Professional Speaker, Author, Podcast Host, and Industry Leader

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Paul K. Mengert brings four decades of experience in community leadership to his audiences, sharing hard-earned knowledge gained from creating and running a nationally accredited association management organization. His vast experience as chair of a major international airport, CAI State Chapter president, state chair of the Community Associations Institute’s Legislative Action Committee, and co-founder of two banks gives him a unique perspective on leadership and success.

Mengert is a sought-after speaker in diverse industries, including housing, construction, consumer services, transportation, aviation, banking, and manufacturing. In addition to speaking at conferences, meetings, and law and business schools across the country, Mengert, an alumnus of Harvard Business School, also serves as a facilitator in the Harvard Business School’s Alumni Program at the McColl School of Business at Queens University.

The Role of an HOA Management Company: A Comprehensive Guide

Teamwork in HOA community

Many Americans live in common-interest communities, such as homeowner’s associations (HOAs) and condominium associations. In fact, in 2022, about 26% of Americans lived in HOAs alone. That means thousands of communities nationwide designed to govern themselves and enhance home value for their residents.  

While most associations have a Board of volunteers that govern the community, sometimes those Boards are not enough. Your community may need an HOA management company to reach its full potential.  

But what are HOA management companies, and what do they do?  

In the rest of this guide, we will answer those important questions. So, let’s get started talking about the role of an HOA management company.  

What is an HOA Management Company?

HOA management companies specialize in providing management and administrative services to HOAs. They act as an objective third party, which helps them in their management role. HOA managers assist the HOA Board in running the community by managing various aspects of its day-to-day operations, communication, and financial management.  

There are a lot of benefits to collaborating with an HOA management company. These include the following.  

  • Expertise: HOA management companies are staffed with professionals with the experience and expertise to bring the most value to an HOA community. They will also understand the industry standards and local regulations, which will help them ensure that the community remains well-managed and compliant.

  • Savings: An HOA management company can save the Board valuable time and resources, allowing them to focus on strategic decision-making and long-term planning.

  • Community improvement: Efficiently managing the community and implementing improvements allows HOA managers to enhance the overall quality of life and maintain or even raise property values.

What does an HOA Management Company do?

Most HOA management companies offer a range of services, including the following.  

  • Administrative support: HOA managers can take on the responsibility of completing the many day-to-day administrative tasks that often bog down a Board. Organizing meetings, corresponding with residents, and much more are all administrative tasks provided by an HOA management company.

  • Financial management: Financial management is another important task that HOA management companies can complete. Most companies will have a dedicated financial department with experts who can guide a Board in creating budgets and managing expenses.

  • Property maintenance: Keeping a community maintained and looking nice is essential to a community association’s Board responsibilities. An HOA management company can help you maintain all communal property in your community. For life style communities and lake communities, this service is especially helpful.

  • Rules enforcement: HOA Boards are tasked with determining the rules that govern their communities. An HOA management company can help you enforce these rules.

  • Vendor management: Vendors keep a community running. From lawn maintenance to contractors, vendors perform many work-intensive tasks that keep an HOA looking nice. An HOA management company will hire and manage all vendors, handling this time-consuming and often frustrating task for your Board.

If your HOA is located in North or South Carolina, and you are looking for an excellent HOA management company, try Association Management Group (AMG). We provide property management services to HOAs, condominium associations, townhome HOAs, life style communities, common interest commercial properties, and more. Contact us today to learn how our dedication can help build a happier community.

What to Do When You Have Problem Neighbors

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What To Do When You Have Problem Neighbors. There’s nothing worse than problem neighbors. After long days at work, we just want to come home and relax; when our neighbors disturb our peace it can be especially challenging.

Before you hire a lawyer or list your house for sale, there are a few strategies you can employ to make things better.

•Get to Know Them Better –Take an interest in the neighbor and try to understand the issues from their end. Talk about how to resolve the differences together so you’re both happy.

•Be Proactive – If you are having a big party or scheduling some major remodeling, let your neighbors know and try to accommodate their needs as well.

•Document the Problems – Keep careful records in case you do need to address the issue legally. •Talk With Your Other Neighbors – Seek community support and assistance. If others are having similar issues, gather their information also and gain their help.

•Talk to the City/County/HOA – Often the issues you have with your neighbors are part of a municipal code or HOA R&Rs; talk to these entities and ask for help and guidance.

•Consider Mediation – Ask your neighbor if they would be willing to go to a professional mediator to try and resolve the issues.

•Take Legal Action - This should be a last resort. Contacting law enforcement or getting legal representation might be the only way in some extreme situations. Difficult neighbors can be a serious issue.

Problems range from leaves dropping on your lawn to drug dealing. Don’t feel like you have to live with the issue or move; take steps to try and resolve and know that there are ways to solve the issues.

Guidelines for the Homeowner Forum

Residents are encouraged to attend and observe association board meetings. If you’d like to bring an issue to the board’s attention, you’re welcome to speak during the homeowner forum—a time set aside just for you. So that everyone who attends has an opportunity for a meaningful exchange with the board, we ask that you observe the following guidelines:

  •  Although we’re all neighbors, this is a corporate business meeting. Please behave accordingly.

  •  If you’d like to address the board, please sign in when you arrive. You will be called in the order you entered. This allows the board to contact you if we need further information and to report back to you with an answer.

  • The homeowner forum is an exchange of ideas, not a gripe session. If you’re bringing a problem to our attention, we’d like to hear your ideas for a solution too.

  • To keep the meeting businesslike, please refrain from speaking if you’re particularly upset about an issue. Consider speaking later, speaking privately with a board member, or putting your concerns in writing and e-mailing them to the board.

  • Only one person may speak at a time. Please respect others’ opinions by remaining silent and still when someone else has the floor.

  • Each person will be allowed to speak no more than five minutes. Please respect the volunteers’ time by limiting your remarks.

  • If you need more than five minutes, please put your comments in writing. Include background information, causes, circumstances, desired solutions and other considerations you believe are important. The board will make your written summary an agenda item at the next meeting.

  • We may not be able to resolve your concerns on the spot, and we will not argue or debate an issue with you during the homeowner forum. We usually need to discuss and vote on the issue first. But we will answer you before—or at—the next board meeting.