Consultation
Services
Listed here are the specific terms and conditions for engaging my services on a consultation basis. You are welcome to ask questions at any time.
These will be the terms and conditions applied to engagement with my consultation service unless alternative arrangements or conditions are made prior to service.
By engaging in my services in any manner described here, you are agreeing to these terms and conditions unless, again, alternative agreement is made prior to when services are rendered.
Note in particular the information on Privacy Protection and Data Use Disclaimer - Item 4.
Terms and Conditions as of 2024.
1
Consultation Specifics - What You Are Getting
I am not an attorney. I do not offer legal advice.
I am not a mediator.
What I do offer, however, is a review of your situation and suggestions for addressing issues that you are encountering.
I offer consultation which provides insight, suggestions, and action items for improving Community Association (HOA, POA, COA, etc.) relations with home/property owner members based on my capacity as a professional researcher, advocate, and the knowledge gained from personal experience. My goal is to help people, board members and residents, to work through their issues and to provide suggestions for reaching compromise. Results cannot be guaranteed as it is up to the involved parties to resolve their issues. I can, however, try to create a path to compromise and understanding.
I offer educational lectures to home/property owner members and board members which help all parties to understand the HOA system more clearly, to provide suggestions for addressing issues and problems these organizations commonly encounter, and I can offer resources which can assist members of both parties with their endeavor to create a fair, equitable, democratic, and agreeable Association.
Please see standard notification of engagement letter below for specific details of the review process.
​
NOTE: I DO NOT CORRESPOND WITH ATTORNEYS. Any correspondence I receive from a legal firm or representative will not be responded to. Any response will be sent to the engaging individual or president of the associated board and billed accordingly. Boards are fully responsible for their own attorney, legal, or other fees accrued. In any legal action or response incurred by an association board or individual board member that board or individual responsible for the necessity of legal counsel and action on the part of Resident Evil HOA Lectures, LLC shall pay all costs incurred to the full extent. Services rendered are educational and for public information and research purposes. Publication of data and research results freely given by participants is protected under the First Amendment of the U.S. Constitution and all other related laws protecting academic freedom and freedom of speech.
2
Consultation - Fee and Billing Terms
-
Consultation services are rendered at the cost of $250.00 (US) per hour (unless alternative agreement is made prior to engagement).
-
There is a minimum of two (2) hours as an initial consultation service (unless alternative agreement is made prior to engagement). Additional time can be added to this minimum per each instance of full or partial engagement (defined below).
-
An instance of engagement, either full or partial (defined below), will be billed for a full hour, regardless if a partial hour of time is spent in engagement.
-
The engaging individual will be invoiced for the consultation. Associations, Boards, or other corporate organizations cannot be billed unless a Directors' Agreement of Engagement is executed, as described below. The engaging individual (initiated verbally or in writing) is responsible for payment for services. It will be their option and responsibility to be compensated by their Association separately.
-
In the instance that there are multiple individuals who engage my services at the same time, each individual will be billed separately for an instance of full or partial engagement, whether initiated verbally or in writing, unless alternative agreement is made prior to the instance of engagement.
-
Unless prior agreement is made or at the discretion of the consultant, payment is due prior to the instance of engagement. Verbal instances of engagement can be billed afterward.
-
If payment for services is deferred to after the conclusion of the instance of engagement, payment is due within seven (7) days of the date of the invoice. Payments received after this date will incur a late fee of $50 per business day (24 hours) they are late.
-
Payment can only be accepted in the form of a personal or cashier's check with the name of the responsible individual clearly identified on said check.
-
A Directors' Agreement of Engagement may be entered into by a Board of Directors in order to engage with and bill an Association rather than individuals. Acting in their capacity as members of the Board of Directors, the Principal Officers will be presented with a contract of engagement which will meet the following conditions:
-
Document will describe exact services asked for by the Board of Directors. Customization will be identified and clarified.
-
Document will provide an estimated range of fees and costs for engagement. Final billing may vary. The Board will be notified if charges are expected to exceed the highest amount in the estimate.
-
Terms and Conditions of engagement will be described and hold the Board of Directors of the named Association legally bound and in agreement with and responsible for said terms and conditions, including billing arrangements.
-
Contract will be signed on each page by the acting President, as representative for the Board.
-
A signature page will be executed with signed approval of all principal officers and will be notarized to confirm this approval.
-
3
"Instance of Engagement" - Definitions
-
An "instance of partial engagement" occurs when a member (board or resident member), acting in their capacity as either board member or resident, makes inquiry which engages my knowledge and expertise as a consultant in the capacity described here. Partial engagement is enacted either verbally or in writing. Partial engagement can be applied toward full engagement if arrangements are made ahead of time. Partial engagement is considered concluded at end of conversation or communicative interaction. Re-engagement will begin another partial or full engagement session.
-
An "instance of full engagement" includes:
-
Initial consultation in which client describes issue(s) at hand and goal(s) for the engagement (no guarantees of success - this is informative only).
-
Non-Legal review of governing documents, any communication platforms (website, social media, etc.), possible interviews with interested or involved parties (home owners, board members, etc.), and any additional research needed in order to provide suggestions, educate involved parties, provide possible resources, and similar.
-
Printed non-legal report of findings, suggestions, resources, and other information which can assist in reaching stated goal(s) for the group.
-
Post-report consultation to answer any questions, provide clarification, and otherwise conclude the consultation.
4
Privacy Policy and Data Use Disclaimer
Every effort will be made to secure the privacy of individual homeowners who engage my services, respond to surveys and questionnaires, or otherwise communicate with me. Personal information is never shared in any way, and names of persons who engage or communicate with me are NEVER shared with their respective association boards unless I am directed to do so by written consent.
Board members, as acting officers of the association, can be identified as such given publicly available information provided to association members in general, corporate registration and document information, and/or through information provided and publicly available in compliance with the Corporate Transparency Act.
Data compiled in surveys and questionnaires of neighborhoods may be used in publications, including but not limited to news/media articles or interviews; the Resident Evil HOA Lectures website, presentations, and social media; academic or trade article publications; book publication. Again, individual homeowner names will be redacted and protected.
5
Contact to Request a Consultation or Inquire about Prior Agreements and Alternative
Terms and Conditions
Please click below to message me to request a consultation. If you wish to arrange for alternative terms than provided here, please indicate so in your message. You will not be charged for the creation of alternative terms and conditions.
By contacting me or initiating an instance of engagement by any other means, as defined above, you are agreeing to the Terms and Conditions set forth herein.
Body of Notice Letter Sent to HOA Presidents when Services are Engaged
This letter serves to notify the XYZ Association that my services have been retained by a member or members of your community and/or board to facilitate communication between the board and its resident members.
​
I do not provide legal services, and I am not a lawyer. I am a consultant who helps board and resident members of property owner associations with the following:
-
understanding federal and state legislation pertaining to property owner associations;
-
understanding specific associations’ governing documents;
-
identifying issues and offering solutions for inconsistencies and violations of law and/or association documents;
-
creation of a means of amicable, fair, and open communication between association boards and member residents;
-
suggestions for resolving issues and creating trust between boards and resident members through compromise and collaboration.
The member or members who have engaged my services have expressed concerns with regard to the operation and practices of your association. Their stance is that they either have tried to communicate with the board and were ignored or they are not comfortable approaching the board with their concerns.
My process is as follows:
-
anonymous attendance of a board meeting of the association to observe behaviors and practices in their usual setting and execution;
-
attempt communication with the association board to notify them of the engagement of my services by a member or members of their association at said meeting;
-
conduct an anonymous survey that is sent to all residents of the neighborhood or development under the named association;
-
data compiled from the survey is shared with the residents;
-
association governing documents are reviewed and residents are offered a guided review and explanation of said documents;
-
inconsistencies and issues from document review and results of the survey are compiled and presented to the board for review and response;
-
response of the board is shared with the member residents;
-
if requested by engaging client(s), assistance with formation of member-resident liaison group to continue facilitation of open communication between the association board and residents.
My services are a means by which board members and residents of associations can create a path of communication, understanding, and respect between them. I also endeavor to educate resident homeowners as to the particulars of association membership which many people are not aware of when they purchase a home in an association. I also identify problematic, unethical, or illegal board practices and policies so that they can be corrected, thereby increasing homeowner trust and confidence in the association and mitigating the possibility of litigation.
My ultimate goal in providing these services is to help homeowners and association board members to create a healthy, happy, agreeable, and productive association that is an asset to the neighborhood. Extensive study, along with countless discussions with homeowners, board members, state legislators, and other researchers shows that abusive HOAs are ubiquitous in the United States. Rather than being an asset that makes a neighborhood a desirable place to live, they create a living nightmare for homeowners and become a liability instead. This is an opportunity for you and your current board to take steps to prevent or change your association from being what is known as an HOA Hell.
​
No action is requested or required on your part at this time. [(If applicable or necessary) The survey step will be initiated shortly.] You are, however, welcome to contact me if there are questions you wish to ask in the survey or if you have questions about the service I provide.
I look forward to working with you.