Governance policies and practices most appropriate for the Organization in assuring sound operations and compliance.

February 23, 2017
  Membership Fee
November 21, 2016   Workshops & Seminars Nominal Fee
July 13, 2016   Website Password
August 22, 2013   Legal information vs. Legal Advice

 

 


Eastern Panhandle Organization of Homeowners Association, Inc.

Policy

Effective: February 23, 2017

2015-Bylaws2

Membership Fee

EPOHOA SLIDING SCALE

NUMBER OF HOMES IN YOUR HOA ONE TIME APPLICATION FEE
(non-refundable)
ANNUAL MEMBERSHIP DUES
2-25 $25 $25
26-50 $50 $50
51-100 $100 $100
100 + $125 $125
ONE INDIVIDUAL $25 $25
ONE BUSINESS $125 $125

 

  1. New memberships between January 1 and June 30 will be charged the Application Fee plus the full year Membership Fee.
  2. New memberships after June 30 will be charged the full Application Fee plus a pro-rated six (6) month flat fee for the year which is half the price of the normal yearly Membership Fee.
  3. New memberships received after the November 15 meeting will be charged a full Application Fee and a full years Membership Fee which would then deem them in Good Standing until December 31 of the following year.

 CERTIFICATION I, the undersigned, do hereby certify:

 THAT I am the duly elected and acting Secretary of Eastern Panhandle Organization of Homeowners Associations, Inc., a West Virginia non-profit corporation, and,

 IN WITNESS WHEREOF, I have hereunto subscribed my name this 23rd day of February 2017.

/S/

Phyllis Smock, Secretary

Eastern Panhandle Organization of Homeowners Associations, Inc.


Eastern Panhandle Organization of Homeowners Association, Inc.

Policy

Effective: November 21, 2016

2015-Bylaws2

Workshops & Seminars Nominal Fee

Workshops & Seminars are FREE to all EPOHOA Members in Good Standing

November 2016 EPOHOA initiated a nominal fee policy for non-members (HOAs, Individuals & Businesses)

  • $20 per person: Non-member with RSVP registration no later than 10 days prior to a workshop or seminar.
  • $25 per person: Non-member without RSVP registration.
  • Cash or check accepted at the door – no credit cards.

EPOHOA Workshops & Seminars typically include educational packets, handouts and light refreshments.

Seating is limited, preference is given to EPOHOA Members in Good Standing.

CERTIFICATION I, the undersigned, do hereby certify:

THAT I am the duly elected and acting Secretary of Eastern Panhandle Organization of Homeowners Association, Inc., a West Virginia non-profit corporation, and,

IN WITNESS WHEREOF, I have hereunto subscribed my name this 21st day of November 2016.

/S/ Phyllis Smock

Secretary

Eastern Panhandle Organization of Homeowners Associations, Inc.

P.O. Box 911

Charles Town, West Virginia 25414


Eastern Panhandle Organization of Homeowners Association, Inc.

Policy

Effective: July 13, 2016

2015-Bylaws2

Website Password

Website Password(s)  EPOHOA.ORG

July 13, 2016 EPOHOA initiated a password policy for members only (HOAs, Individuals & Businesses)

  • Password(s) provided to EPOHOA Members in Good Standing[i] ONLY to the following protected pages:

1. Archives
2. Court of Law
3. Homeowners (Governing) Documents
4. Workshops & Seminars

PREFACE:

The content beyond this page is password protected. You will be asked for a password on the next page.

The Eastern Panhandle Organization of Homeowners Associations, Inc. (EPOHOA) [title of website page] is privileged and expressly intended for EPOHOA Members in good standing for their research & review of significant resources within EPOHOA’s website.

  • Password provided to EPOHOA Board of Directors ONLY to the following page:

1. Members Directory

PREFACE:

The content beyond this page is password protected. You will be asked for a password on the next page.

The Eastern Panhandle Organization of Homeowners Associations, Inc. (EPOHOA) Membership Directory is confidential. The EPOHOA Membership Directory is expressly intended for the EPOHOA Board of Directors.

  • Password Schedule:

Passwords:  updated annually January 1st
Members in Good Standing:  at the time of membership or renewal.
Board of Directors:  at the time of election or appointment

CERTIFICATION I, the undersigned, do hereby certify:

THAT I am the duly elected and acting Secretary of Eastern Panhandle Organization of Homeowners Association, Inc., a West Virginia non-profit corporation, and,

IN WITNESS WHEREOF, I have hereunto subscribed my name this 21st day of November 2016.

/S/
Phyllis Smock. Secretary
Eastern Panhandle Organization of Homeowners Associations, Inc.

P.O. Box 911
Charles Town, West Virginia 25414

 

[i] EPOHOA Members in Good Standing have submitted their annual renewal membership fee in accordance with the
Bylaws Article V – Dues and Fees


Eastern Panhandle Organization of Homeowners Association, Inc.

Policy

Effective: August 22, 2013

2015-Bylaws2

Legal information vs. Legal Advice

WHEREAS, Article IV, Section A, (1) of the Bylaws of the Eastern Panhandle Organization of Homeowners Association, Inc. assigns to the Board of Directors (Directors) the authority to adopt and amend Rules and Regulations;

WHEREAS, The Directors have identified a need to adopt reasonable Rules and Regulations for the application of guidance with respect to legal information and legal advice by members of Eastern Panhandle Organization of Homeowners Association, Inc.;

NOW THEREFORE LET IT BE RESOLVED, that the following rules and regulations shall be considered by the Executive Board for the application of guidance with respect to legal information and legal advice by members.

 EPOHOA’s mission is to share information and resources to help improve the welfare of HOAs and their members. EPOHOA representatives are frequently asked for legal information or legal advice to help solve the numerous problems faced by HOAs. While EPOHOA can provide legal information, only an attorney licensed to practice law can provide legal advice. In order to understand the difference between legal information and legal advice, one must understand what it means to practice law.

The term “practice of law” has never been easy to define, especially since the law changes and evolves on a daily basis. With so many regulations, rules, procedures and laws applicable to virtually every facet of modern day life, our ability to answer many questions often requires at least some amount of legal knowledge. Due to the complexities and ever changing nature of the American legal system, we often rely on the advice of others who have more knowledge than ourselves. However, relying on the advice of others can negatively impact our legal rights or position. That is the reason all states require those who wish to practice law to register with their respective practice areas, and to carry malpractice insurance.

So what is the difference between practicing law and sharing legal information? To paraphrase the Florida State Bar, if answering a legal question requires more legal knowledge than what an average person knows about the law, then answering the question probably constitutes practicing law. While seeking the advice of a licensed and insured attorney is always the most prudent course of action, not all questions require specialized legal knowledge to answer. The West Virginia State Bar has provided guidance by preparing a list of activities that constitute the practicing law (see sources below). Simply sharing general information about the law or legal processes is not listed as practicing law. When sharing legal information, one may do so without practicing law as long as they do not apply the principles of the law to specific facts, purposes or desires. If answering a question would require the application of the law to specific facts, then only a licensed and insured attorney should provide the answer.

The following examples should help illustrate the types of legal questions EPOHOA representatives and other non-attorneys can and cannot answer. Non-attorneys can answer the following types of questions:

  • “What is the definition of a… (lien),”
  • “How do I…(record a lien),”
  • “What is the deadline to file…(corporate annual report).”

Questions that require interpreting or applying the law to specific facts should only be answered by an attorney. For example, the following types of questions should be directed to an attorney:

  • “Should I…(file a lawsuit),”
  • “Do you think…(we have a claim against the developer),”
  • “Do we have the right to…,” or
  • “What is your opinion regarding…”

The language inside the parenthesis are just examples. Most questions can be easily assigned into one of the two categories above by the beginning or end of the questions. Sometimes the purpose of the question can be just as important as the question itself. The person asking the question may not disclose a specific set of facts or the intended purpose they are seeking the information. For the reasons stated above, EPOHOA has adopted a policy that its representatives must always state that any information provided is general information, legal or otherwise, and the information it is not intended to advise anyone of their rights, duties or obligations. If there is ever any doubt about the language or purpose of a question, representatives of EPOHOA will urge the individual to consult an attorney of their choice.

Sources:
http://en.wikipedia.org/wiki/Practice_of_law Defining the problem of unauthorized practice of law.
[link to saved file]

http://floridabarhearing.com/unauthorizedpracticeoflaw.html
Florida test to determine if an activity is defined as the practice of law – Legal seminars can be given by non-lawyers as long as the information provided is general legal advice…just do not answer specific legal questions.

[link to saved file]

http://www.wvbar.org/wp-content/uploads/2012/04/AO-2007-01.pdf
WV State Bar definition for practicing law:

[link to saved file]

However, in West Virginia the following activity, with or without compensation and whether or not in connection with another activity, is clearly defined as the unauthorized practice
of law. 1

  1. To undertake to advise another in any matter involving the application of legal principles to facts, purposes or desire;
  2. To undertake to prepare for another legal instruments of any character;
  3. To undertake to represent the interest of another before any judicial tribunal or officer, or to represent the interest of another before any executive or administrative tribunal, agency or officer otherwise than in the presentation of facts, figures or factual conclusions as distinguished from legal conclusions in respect to such facts and figures…” 2

CERTIFICATION I, the undersigned, do hereby certify:

THAT I am the duly elected and acting Secretary of Eastern Panhandle Organization of Homeowners Association, Inc., a West Virginia non-profit corporation, and,

IN WITNESS WHEREOF, I have hereunto subscribed my name this 22nd day of August 2013.

/S/ Phyllis Smock
Secretary
Eastern Panhandle Organization of Homeowners Associations, Inc.

 

NOTICE: due to web sites becoming unavailable we have provided the text to the referenced sources as saved files to compliment the EPOHOA POLICY as it was written.