Broken Arrow Annual HOA Workshop April 16 - Matthew to present HOA legal issues

April 16, 2022 is the City of Broken Arrow's annual HOA Workshop, where Matthew L. Winton will be presenting on the topic "Moving Our Community Associations Forward" and answering HOA legal issues questions. The Workshop is free, registration is online, and includes a trade room with HOA-specific vendors, services, and City information. is hosted annually by the City of Broken Arrow.

City of Broken Arrow HOA Workshop

Matthew L. Winton
www.thompsonwinton.com

okhoa.blogs.com

HOA/Condo Education Videos

Oklahoma City Real Property Lawyers Association 8APR22 presentation: Condo/HOA Liens

Here are the slides for the 8APR22 presentation to the Oklahoma City Real Property Lawyers Association on Oklahoma Condo & HOA liens.

Download OKCRPLA Lien presentation 8APR22

OKCRPLA Lien presentation 8APR22 title slide

2022 Edmond Neighborhood Alliance Summit - HOA Legal Issues slides

For those attending this year's Edmond Neighborhood Alliance 2022 Summit held at the MAC at Mitch Park, thank you for your attendance and questions during the HOA legal issues segment. Here are the slides from the power point presentation: Download 2022 ENA Presentation

Matthew L. Winton

HOA/Condo lawyer

Online Zoom HOA legal issues seminars February 15 and 17, 2022

Start the new year with a great discussion on HOA and condo legal issues hosted by Central Oklahoma Neighborhood Association. Registration is free and the discussion is always informative. Register here and be sure to donate to the Neighborhood Alliance, a local non-profit helping create safe, beautiful, and healthy neighborhoods in central Oklahoma for over 43 years.

December 2021 Video Part 1 and Part 2, Legal Issues for Homeowner Associations

Here are parts 1 and 2 to the December 2021 HOA legal issues seminars presented by Matthew L. Winton and hosted by the Central Oklahoma Neighborhood Alliance. Subscribe to the YouTube Channel to be notified of video updates and be sure to see the education and trainings offered by the Alliance on their events page. Happy New Year!

Two-hour HOA and Condo topics presentation by Oklahoma homeowner association attorney Matthew L. Winton

Part 2 to the HOA Basics presentations, the Advanced HOA Legal Issues presentation goes into more depth on regular and special assessments, specific/individual assessments and fines, insurance, and amendment of covenants projects. Each of these presentations includes audience participation and Q&A, which makes each seminar unique.

Navigating COVID-19 for community associations

For Oklahoma community associations, I have prepared a short memo and FAQ on condominium and homeowner associations navigating the COVID-19/coronavirus issue.

https://thompsonwinton.sharefile.com/d-s7e8ae178d88401f9

Quick HOA Self-Assessment Exercise

This exercise is heavily borrowed from an excellent OMAG presentation I saw last night, and the principles work well within a community association setting. Ask yourself the following questions and rate your responses on a scale of 1 to 10, with 1 being low/poor, 5 being fair/average, and 10 being high/excellent. It is a simple exercise to help guide your association to excellence:

1. How well is the HOA prepared financially?
2. How well does the HOA handle conflict?
3. How well does the HOA manage the collection of assessments?
4. How well does the board communicate with one another and the membership?
5. How well are the board and annual meetings attended, and are they productive?
6. Are the governing documents up to date and adequate to address current issues?
7. Overall, how would you rate the annual board elections process?
8. Overall, how satisfied are you with the goods and services provided by your HOA?

Of course, no HOA will score perfectly, but this short exercise may help to identity what your HOA does well and what it might improve upon.

Association rebuffs nudist tradition...

While I have encountered several interesting governance issues over the years representing homeowner associations, this would be a first. On the Ile du Levant, France, an association with a tradition of naturalism (i.e. nudist policy) is revamping their policy for a more clothes-required take.

The WSJ has more here.

Winton Law Firm Brochure

For more information about Winton Law, you may view the Winton Law Brochure, or read more about our community association legal services at www.wintonlaw.net.

HOA law myths from the internet

Over the years, I have increasingly heard disturbing statements of "law" related to me by clients and others about Oklahoma community association law. It seems many have taken statements of "law" they read on the Internet, some from attorney blogs and websites, and then apply what they have gleaned to their association policies and procedures.

One should be wary of statements read on the Internet and automatically applying them to their own association. For example, I read on a website today that in Oklahoma a homeowner association lien expires one year from filing. That is absolutely false. Also false is the belief that the only remedy an Oklahoma community association has in collecting delinquent assessments is to file a lien and sit on it.

The best course for those needing an accurate statement of Oklahoma community association law is to find an attorney that regularly represents associations and their developers. Just as you should seek a podiatrist for a foot and ankle-specific injury, so too should you seek community association advice from a lawyer who regularly practices that area of law.

Winton Law is an Oklahoma law firm that regularly represents clients needing condominium association, homeowners association, property owners association, and neighborhood association legal advice. For 15 years, Winton Law has assisted clients in interpreting, amending, and litigating covenants and bylaws. The firm has served as legal counsel and registered agent for hundreds of Oklahoma community associations over the years. Community association law is what we know and practice.

2014 Condo & Homeowner Association Seminars

The schedule for the 2014 calendar year condominium and homeowner association seminars is finalized and appears below. Contact our friends at Neighborhood Alliance for registration and locations.

Speaking topics include:

• Covenants and bylaws

• Amendment of covenants and bylaws, procedures

• Assessments and collections

• Association finances

• Insurance

• Meeting procedures

• Board responsibilities

• Record keeping

• Covenant enforcement and dispute resolution

• Conversion from voluntary to mandatory association

• Common mistakes and misconceptions

• Collection of assessments

2014 Neighborhood Association Class Schedule

  Basic Legal Issues

February 13, 2014

  Advanced Legal Issues

February 27, 2014

  Basic Legal Issues

June 3, 2014

  Advanced Legal Issues

June 17, 2014

  Basic Legal Issues

August 14, 2014

  Advanced Legal Issues

August 28, 2014

2013 Oklahoma Bar Association Real Property Section – Cleverdon Roundtable Seminar

On May 10, 2013 at the Hyatt in Tulsa, Oklahoma and on May 22, 2013 at Oklahoma Christian University in Oklahoma City, Oklahoma, the OBA Real Property Section will be hosting the Cleverdon Roundtable Seminar. At each session, I will host a roundtable discussion entitled "Eye for an Eye to Love thy Neighbor: Community Association Law in Oklahoma." The Cleverdon Seminar is a unique continuing legal education experience in that it entails a lively roundtable discussion of the topic rather than the traditional lecture format. In addition to the seminar booklet, additional handouts for my roundtable discussion will be uploaded soon.

2012 Community Association Statistics

The Foundation for Community Association Research has published its 2012 statistical review. For Oklahomans, some interesting numbers:

1. The report has Oklahoma in the category of having between 1,000 and 2,000 community associations (defined as planned communities, homeowner associations, and condominium communities).
2. According to a nationwide survey of community association residents performed by Ibope Zogby in 2012, 70% rate their community association experience as positive and 22% rate it as neutral.
3. 88% of community association residents report their opinion that their association board strives to serve the best interests of their community.
4. 81% report a "good" or "great" return on their assessments.
5. 24% of all housing units exist within a community association.

The full report may be viewed here.

Matthew L. Winton, Oklahoma community association attorney.

HOA, Condo, Neighborhood Associations Training and Education: Basic Legal Issues Seminars

In June and July, I will be presenting this year's Basic Legal Issues for HOAs on two separate occasions, once again hosted by Neighborhood Alliance. These seminars focus on issues relevant to homeowners and members of mandatory homeowners and condominium associations. NA and I have partnered for these annual seminars for over five years now.

I will speak on the basics of homeowners and condominium associations and will also cover covenants, bylaws and amendment procedures. As always, we provide a substantial amount of time for a question & answer session. The first session will be on Tuesday, June 26, 2012, from 6:30 p.m. to 8:30 p.m. and will be held at Pelco Products in Edmond, 320 W 18th Street, Edmond, OK 73013. The second session will be on Tuesday, July 17, 2012, from 6:30 p.m. to 8:30 p.m. and will be held at Home Creations' Melody Banquet Hall, 2288 N. Broadway, Moore, OK 73160. For more information, or to register, please visit http://www.nacok.org/.

Oklahoma Homebuilder’s Association Luncheon. Topic: 5 Ways to Improve Community Associations

In June, I will be speaking at the Central Oklahoma Homebuilders Association's (COHBA) Developer's Council and Sales & Marketing Council (SMC) Luncheon on community association issues with the theme "HOAs don't have to be a headache." This meeting is geared toward developers, builders, and salespeople and will focus on the proper management of HOAs, how HOAs can be a positive aspect of a neighborhood, and will also cover the common mistakes made by developers and builders and how to avoid them. The program is scheduled for Tuesday, June 26, 2012, from 10:00 a.m. to 11:30 a.m. and will be held at COHBA at 420 E. Britton Road. The cost, which includes lunch, is free for all SMC Members, $20.00 for COHBA Members and $30.00 for all other attendees. Reservations are required by Friday, June 22nd at 5:00 p.m. To make reservations, please call Denise Jones at 843-1508 or email denise@okchomebuilders.com.

ADA, Swimming Pools, and Community Associations – Rule Update

ADA Pool Compliance Update

On May 21, 2012, the US Department of Justice released its final rule on Americans with Disabilities Act requirements for swimming pools. The deadline for compliance has been extended to January 31, 2013. The DOJ does not specifically address under what circumstances community association pools must comply with the new requirements. They did emphasize that permanent or fixed lifts are the standard; portable lifts will not satisfy the ADA requirements, which was one significant question raised by the initial rule. Additionally, they responded to the common misconception that any non-compliant pools would have to close. The final rule states:

Compliance with the 2010 Standards is only required to the extent that it is "readily achievable"—a term that means "easily accomplishable and able to be carried out without much difficulty or expense."

As originally published in the ADA Title III Regulations at § 36.104, the following criteria may be used to determine whether compliance is "readily achievable."

(1) The nature and cost of the action;

(2) The overall financial resources of the site or sites involved, the number of persons employed at the site, the effect on expenses and resources, legitimate safety requirements necessary for safe operation, including crime prevention measures, and any other impact of the action on the operation of the site;

(3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

(4) If applicable, the overall financial resources of any parent corporation or entity, the overall size of the parent corporation or entity with respect to the number of its employees, and the number, type, and location of its facilities; and

(5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

Community associations with limited budgets may not be able to fund the installation of a permanent lift system in their pool. While some associations may have available funds, installation may not be "readily achievable" due to delays caused the currently high demand for lift systems. According to the final rule, these pools may continue to operate in spite of their non-compliant status.

While the final ruling has left many questions unanswered, the DOJ states that the extension of the deadline will allow the department to continue educating affected entities as to their responsibilities for compliance.

Does your Association qualify for a sales tax exemption?

Under 68 O.S. § 1356(53) qualified neighborhood watch organizations are eligible for a sales tax exemption for the first $2,000.00 of purchases or sales for each calendar year. The statute defines "qualified neighborhood watch organization" as "an organization that is a not-for-profit corporation under the laws of the State of Oklahoma that was created to help prevent criminal activity in an area through community involvement and interaction with local law enforcement and which is one of the first two thousand organizations which makes application to the Oklahoma Tax Commission for the exemption after the effective date of this act."

Along with an application, the Association must submit its articles of incorporation, bylaws, or other form of documentation showing the incorporators' intent demonstrating that crime prevention is one of the purposes of the Association. Additionally, the Association must include documentation indicating its affiliation with local law enforcement, as well as a description of the boundaries of the area within the Association's jurisdiction. Finally, the Oklahoma Tax Commission requires the name of the person who will be responsible for keeping records of tax-exempt purchases and sales for the Association to ensure that the $2,000.00 limit is not exceeded. The exemption card will be sent to this person.

It is important to note that unincorporated associations are ineligible for the sales tax exemption. Not only should an association incorporate to qualify for the sales tax exemption, several significant benefits result from incorporation. See, 18 O.S. §865-867, and 18 O.S. §1027E.

Further instructions and an application for sales tax exempt status are available at http://www.tax.ok.gov/btforms/PktE.pdf.

Matthew L. Winton

Condominium and homeowner association lawyer

mlw@vwlaw.net

Swimming pools, condominium and homeowner association, Americans with Disabilities Act

Ensuring Compliance with ADA Pool Requirements

Summer is almost here, and for many associations, that means it's time to start thinking about getting the community pool ready for use. This year, in addition to normal cleaning and maintenance, associations need to ensure compliance with the ADA requirements for public pools. The ADA published these guidelines in 2010, and they were scheduled to go into effect March 15, 2012, but confusion on the policies has resulted in an extension of the deadline to May 15, 2012.

Very generally, the rules require all public pools to have at least one accessible entrance, commonly a lift or sloped entry. Larger public pools must have two. Private pools are exempt from these requirements. The ambiguity lies in the classification of community association pools. Generally, community association pools are considered private. However, some associations sell memberships to the public. Others host swim meets. In these situations, the pool is being used as a public pool. For those associations hosting swim meets, a question arises as to whether the pool is considered a public pool only during times of public use, or, if not, the number of swim meets required to cause its classification as a public pool. The rules require permanent means of access, but some wonder whether temporary access might be sufficient for pools that are generally private, but host the occasional swim meet.

In summary, if an association does not sell memberships or host swim meets, its community pool is exempt from the requirements. If an association sells memberships, its pool must comply with the new standards. For those associations that do not sell memberships, but host swim meets, the correct interpretation and application of the rules has yet to be determined. Stay tuned for further updates: the Department of Justice expects to release further guidance and clarification of the rules, and is considering a six month extension of the deadline.

FHA Extends Waiver of Anti-Flipping Restrictions into 2012

"FHA Extends Waiver of Anti-Flipping Regulations Through 2012:

In an effort to continue stabilizing home values and improve conditions in communities experiencing high foreclosure activity, Acting Federal Housing Administration (FHA) Commissioner Carol J. Galante will extend FHA's temporary waiver of the anti-flipping regulations. 

With certain exceptions, FHA regulations prohibit insuring a mortgage on a home owned by the seller for less than 90 days.  In 2010, FHA temporarily waived this regulation through January 31, 2011, and later extended that waiver through the remainder of 2011.  The new extension will permit buyers to continue to use FHA-insured financing to purchase HUD-owned properties, bank-owned properties, or properties resold through private sales. It will allow homes to resell as quickly as possible, helping to stabilize real estate prices and to revitalize neighborhoods and communities.

The extension is effective through December 31, 2012, unless otherwise extended or withdrawn by FHA.  All other terms of the existing Waiver will remain the same.  The Waiver contains strict conditions and guidelines to prevent the predatory practice of property flipping, in which properties are quickly resold at inflated prices to unsuspecting borrowers.  The Waiver continues to be limited to sales meeting the following conditions:

• All transactions must be arms-length, with no identity of interest between the buyer and seller or other parties participating in the sales transaction.
• In cases in which the sales price of the property is 20 percent or more above the seller's acquisition cost, the Waiver will only apply if the lender meets specific conditions and documents the justification for the increase in value.
• The Waiver is limited to forward mortgages, and does not apply to the Home Equity Conversion Mortgage (HECM) for purchase program."