EPOHOA Latest News

HOA related news articles, happenings and published works by a variety of journalists, authors and homeowners like you. Not a definitive resource, though we do try to keep up with what’s happening during the current year.

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Previous years are available within the Library Archives.



April 19, 2018 Time sensitive PUBLIC SERVICE ANNOUNCEMENT
The Elks Run Watershed Group – Jefferson County, West Virginia. Restore your septic system with our grant funds that provide for: Repair and replacement up to $7,000, Pump-Out 50% up to $150
provided by: Danielle Watson – dwatson@elksrunwatershed.org
(681)247-3011 (office)  Offer Valid through August 8/30/2018
Details at www.elksrunwatershed.org

March 29, 2018 Solar supporters help HOA work through restrictions
by Ben Delman , Solar United neighbors
Homeowners associations (HOAs) are empowered to set rules concerning aesthetic considerations for the communities they serve. Sometimes this includes restrictions on the installation of solar panels. The Community Association estimates that 180,000 West Virginians live in an area with some form of homeowners association. Scott Rogers, Charles Town mayor [elected May 26, 2017] and president of his local HOA [Spruce Hill North], ran into this very issue. His HOA’s bylaws included a ban on installing solar. So Rogers reached out to our community of solar supporters for help. He learned that West Virginia law protects the solar rights of homeowners who live in an HOA. Section §36-4-19 of the state code states that HOA prohibitions against solar are unenforceable. It does allow HOAs to impose “reasonable restrictions” on solar, so long as . . .

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March 7, 2018 Court Says HOA Lost Right to Enforce Restrictive Covenant

by Lawrence Szabo, Esq. | Mar 7, 2018
. . .  a dispute between a homeowners association (“Association”) and homeowners (“Owners”) over the construction of a shed on Owners’ property without prior Association approval. Because the subject restrictive covenants had been disregarded over a period of years, Association waived or abandoned its right to deny Owners permission to build the shed in question and their action in bringing the suit against Owners was arbitrary. Thus, the trial court’s judgment in favor of Owners was affirmed. . . .

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February 24, 2018 Uniform Statutory Rule Against Perpetuities

by:  National Conference of Commissioners on Uniform State Laws
Several EPOHOA members have asked about the their “forever” perpetuity beyond their lifetime stated in their DCCR.  That being: “continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England”  (its origin in the Duke of Norfolk’s Case of 1682). Many jurisdictions have statutes that either cancel out the rule entirely or clarify it as to the period of time and persons affected, in this case Common Law. We have provided the most recent, Sept. 11, 2014, at this writing for recommendations to all states concerning the appropriate handling & definition of perpetuity.

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February 16, 2018 Homeowners Association Hit With $20M Verdict Over Faulty Swing Set

by: David Siegel, Courtroom View Network (CVN)
Las Vegas – A Nevada state court jury slapped a homeowners association with a $20 million verdict on Thursday, including $10 million in punitive damages, in a lawsuit filed by a teenager who suffered a traumatic brain injury when a swing set’s metal bar broke and landed on his head.

The jury found the Lamplight Village at Centennial Springs Homeowners Association responsible for . . .  the HOA opted out of a $150/month safety and inspection plan offered by the swing set’s installer . . .

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The full trial was webcast live and recorded gavel-to-gavel by CVN.


February 13, 2018 Form 1120H, [Federal] Tax Return for a Homeowners Association

by: Brett Hersh – EPOHOA Guest Speaker sharing information
Press Release:  OvernightAccountant.com  has created an online course to help Homeowner Associations prepare Form 1120H, [Federal] Tax Return. The course, Form 1120H Basics, provides step by step instruction on the preparation of Form 1120H, simplifying the tax filing process and saving hundreds, even thousands of dollars in professional fees. The web-based educator has also created a series of articles that center on answering the most common question Brett Hersh, author & course instructor, has received over the years, “Does my HOA have to file a tax return?” and his article, “Do HOAs Need to File a Tax Return?” answers this question (hint: It’s yes) and links to other HOA tax articles.

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Additionally: 2-minute HOA VIDEO

January 28, 2018 Bentwood Estate homeowners seek [road] remediation

by: Jim McConville – Staff writer – Martinsburg Journal
Richard Lindvig appeared before the Berkeley County Planning Commission on Jan. 16 to ask the commission to write the group a letter of support in his dispute with housing developer Phil Cogar. According to Lindvig, developer Cogar is obligated to finish off all portions of the development’s main roadway, Bentwood Drive, and construct a secondary outlet from the community. According to Lindvig, Cogar has told residents he does not want to finish the road until all construction is complete. Lindvig said the commission previously had approved a change in the development road width from 60 feet to 50 feet. “You can hardly get through roads right now, if people are . . .
[Bentwood Estates established 1997]

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January 9, 2018 Policy Forcing Residents to Keep Garage Doors Open

by: Kyle Cheromcha, KCRA TV, California
. . . residents of Auburn Greens in Placer County, California were shocked to find notices taped to their doors informing them that their garage doors must be kept open from 8 a.m. to 4 p.m. Monday through Friday, effective immediately. The punishment for violating the rule is a $200 fine and . . .

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January 1, 2018 HOA Board of Directors Training

provided by: Montgomery County, Maryland
Members of a community association board of directors in Montgomery County, Maryland have been provided with basic training at the start of the new year of 2016. This unique free training is conducive to good management skills to handle the business of an HOA even in West Virginia. EPOHOA encourages any HOA Member, director or not, to increase their knowledge.

reference correspondence:
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Community Governance Fundamentals

TIP: this unique online training course is geared for your own speed. The course will remember where you left off – that’s right,  you have the freedom to come and go at will.

EPOHOA Formal Recognition Board of Directors Training Certificate of Successful Completion