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Our Services - Board President

HOA BOARDS – LEGALLY OBLIGATED TO PERFORM SERVICES

The vast majority of high end, custom-home communities are governed by an elected Board of Directors. Those Boards have considerable authority to act in the best interests of their collective membership.

With that authority, comes a host of legal obligations. One of the most important of these obligations is to provide a uniform and consistent architectural review process, to preserve and protect the design philosophy and vision of each development.

Coupled with this obligation is considerable liability exposure. From June 2007 to June 2008, there were seven (7) Appeals Court Cases that were decided, regarding architectural design review issues in the state of Arizona. The cost of  this litigation was in the millions. And those are just the cases that reached the appellate court level in this state!

Additionally, the single biggest reason for D&O insurance claims against homeowner associations, nationwide, are lawsuits related to failure to adequately enforce architectural design standards. Such lawsuits originate from homeowners against their associations, resulting in claims being filed with the association’s D&O insurance carrier.

When you factor in $10,000.00 deductibles, awards for damages and the distinct possibility that your coverage will be cancelled, it is probably more brain damage than you bargained for.

You can shift that liability onto our shoulders at no cost to the association. Our Service Agreement was designed to anticipate and mitigate liability exposure, and our experience and credentials are second to none.

Additionally, you have authority in your governing documents to a) Hire third party agents b) Establish fees for services and c) Enter into agreements on behalf of the association.

Remember, you can delegate but you can’t abdicate. Put your “command-control” hat on and bring in professionals to do the job right. Yes, you are obligated to provide these services, but the association is not obligated to pay the cost. This is designed to be a fee-based service paid by the end-user.