Avoiding HOA Pitfalls

Learn to Navigate HOA Rules and Avoid Common Challenges

David brings more than 30 years of experience in mediation and in the creation and management of Homeowners Associations to help you navigate HOA bylaws and avoid HOA pitfalls. His training, education, and experience have given him a unique look into what it takes for a HOA to function effectively and fairly to benefit the community. Through speaking, training, and consultation services, David will help Realtors®, HOA Managers and HOA Management Companies and Home Builders navigate the complexities of HOAs to achieve a successful outcome for everyone.

Helping Home Builders Avoid HOA Pitfalls

Fact: One error in HOA governing documents cost one home builder more than

$6 Million dollars. (CA)

Fact: One error in HOA governing documents cost one home builder

$229,000 in one, 30 day period. (NV)

Fact: One error in HOA governing documents did not allow for collection of HOA assessments. (CO)

Fact: Home Builder was sued for using HOA fees to enhance their marketing corridor. (NC)

NCAR has identified: 1. when mistakes are made; 2. who makes them; and 3. how to Avoid HOA Pitfalls.

We provide unique HOA checklists and train your team how to use them for the creation, development and transfer of HOA responsibility.

Many HOA development issues do not manifest themselves for months or even years after the first close of escrow and transfer of common elements.

The Result: Unbudgeted expenses and unhappy homeowners.

  • Does your development team know their HOA development responsibilities?
  • Do you know who should be on your HOA development team, and when to include them?
  • Do you know how to use your contractors to prevent and resolve HOA development issues?
  • Do you have an effective HOA development process to protect your ROI?

WE DO! With over 32 years experience developing and managing new HOAs, NCAR can help you avoid costly HOA pitfalls.

Professional HOA Board Member Services

As a declarant representative to an HOA board of directors:

  • Do you know the responsibility you have as a fiduciary when serving on an HOA board of directors?
  • Do you know that declarant decision making authority is based closings?
    See the below chart to learn the stages of Declarant authority.

Stage 1

No HOA Home Closing

  • All decisions are made by the Declarant board.
  • Final review and changes to the governing documents may be made without approval of home buyers. Home buyers must be provided all updates prior to COE.
  • Set up rules and regulations and architectural guidelines.
  • Sign all necessary vendor contracts.

Stage 2

HOA Closings have Occurred

Declarant Board: 100%

  • All decisions are made by the Declarant board.
  • Governing Document changes may require a vote of the membership. Certain Supplemental declarations will not require a vote, such as correcting writer’s errors or annexing property where expressly provided in CC&Rs.
  • Additions and other changes to rules and regulations may require a comment period, or a vote (depending on jurisdiction).
  • Board will approve and sign contrats for HOA.

Stage 3

HOA Closings have Occurred

Declarant Board with H/O(s)

  • All Board members must be included in the decision-making process per state law and as set forth in the Governing Documents.
  • Absention may be appropriate if there is a possibility of a conflict of interest or the appearence of such a conflict.
  • Follow Builder’s vision of the community. But allow homeowners to start making decisions on how their community should operate. Such as rules for clubhouse usage, parking, etc.
  • Neither Declarant Board or homeowners can violate HOA laws and the Declaration.
  • Know when to use Declarant or HOA attorney. If unsure, contact legal department.

Stage 4

HOA Closings have Occurred:

H/O Controlled BOD

  • Declarant may not make independent HOA decisions.
  • Know and understand the difference between builder allowed decisiosn and HOA decisions.
  • Communicate with HOA strategically, on any issues and changes that arise.

As a home builder, and professional HOA board member, David has developed and served on hundreds of HOA boards of directors.

  • Engaging David to serve as a declarant HOA board member alleviates time and stress on your staff and brings experience and stability to your new home community.
  • David also trains declarant staff and new homeowners how to effectively function as HOA board members.

With over 32 years experience creating, developing and managing new HOAs, NCAR can help you avoid costly HOA pitfalls.

HOA Management

Through speaking engagements, and training and consultation services, HOA managers will become familiar with the use of mediation techniques to become more effective HOA managers. Keynote, break-out sessions, and in-office training are available.

HOA Management Companies can learn how to connect with home builders and learn what home builders need and want.


Book a session with David to learn how to help your clients Buy and Thrive in their new community!


Take some of the mystery out of HOA development, HOA management and community association management. Learn what to look for when moving your clients into a HOA and how to help your clients more comfortably buy and thrive in their new community. Learn how you, the Realtor®, can improve your ROI with a better understanding of HOAs and how to market and sell in a HOA.

HOA Consulting and Training helps Realtors® better understand the nuances of HOAs and how to avoid the HOA pitfalls that can completely derail projects. Focusing on Realtor® education, David delivers speaking services—keynote and break-out sessions—training, and consultation on HOA bylaws, HOA rules, and related issues. Learn how to use HOA knowledge to improve ROI.

Just some of the topics that David has discussed with Realtors® are:

  • Understanding New and existing HOAs and how it can affect your ROI
  • Understanding HOA governance.
  • HOA governing documents (CC&Rs, By-Laws, Rules and Regulations)
  • HOA management company duties and responsibilities.
  • HOA Board meeting procedures.
  • HOA budgets and financial statements.
  • Rules violation process.
  • The power, duties and responsibilities of the HOA.
  • The power, duties and responsibility of the homeowner.
  • Handling HOA conflict.


Book a session with David to learn how to help your clients Buy and Thrive in their new community!

Community Management and Transition

Avoiding HOA Pitfalls for Home Builders

HOA Community Management & Transition Services For Home Builders

Proven, Effective HOA Community Management for New Home Communities!

As a home builder you know how to develop communities and build homes. But to do that you obviously rely on a variety of subject matter experts to reach your goals. Developing and managing your community associations is one of those areas where you need a true subject matter expert, and that is where my team thrives!

With a long history as a home builder, HOA developer and HOA manager I have developed proven processes to protect you, the home builder from HOA errors, from inception of the HOA, to final turnover and through the SB800 period.

As experts in an often-overlooked niche, our services for home builders really are invaluable. To learn more about how to overcome the biggest HOA hurdles in creation, transition and management and to gain assistance with any current issues your team is facing, contact me a today. I am happy to offer a review of your projects at no charge so that you can personally understand the value we bring to your business.

For your next HOA development and community management project My team is ready and able to take on your most challenging projects.

For over three decades I have worked managing the creation, development and management of HOAs in coordination with the Department of Real Estate. My dedication to HOA education has led me to author the book Community Manager, The Ultimate Professional Mediator, train community managers and create, produce, and co-host a live radio talk show in San Diego known as Condo Talk. By serving on hundreds of HOA boards and attending tens of thousands of HOA meetings, I can confidently say that no one is more qualified than myself to help home builders effectively develop, transition and manage your HOAs. Look for my next book in 2020, “The Process: Avoiding HOA Pitfalls for Home Builders.”

My focus, and ethos is to always find a way to ensure that HOAs are developed properly, and function effectively and fairly for the benefit of the home builder, the community and its members.

I work compatibly with your in-house team and outside vendors so, when you’re ready to remove the mystery of HOAs so that you can better help clients comfortably BUY AND THRIVE in their new community, I’m here to help.