HOAleader.com - Tip of the Week - September 10, 2010
Published: Fri, 09/10/10
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Condo Board Member Arrested! How to Avoid a Similar Fate
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Just Published!
Brand-New Special Report from HOAleader.com:
HOA Policies:
17 Sample Policies Every Homeowners Association Board of
Directors Should Consider
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Something went horribly wrong in July at the Four Sea Suns
Condominium in Boynton Beach, Fla. In this week's tip, we explain
the unfortunate events that led to a board member's arrest and
get you started with one of four tips on when and why to enter
owners' units.
In July, Virgil E. Wilkinson and another Four Sea Suns board
member told police they entered what they thought was a vacant
unit because of an unusually high water bill, according to The
Palm Beach Post. Trouble is, Wilkinson took a gun along for the
inspection. After using a set of spare keys to enter the unit, he
pointed the gun at the resident and demanded the resident stay
put until the police arrived.
The bad news for Wilkinson is that the resident presented
evidence he'd had permission to live in the unit since 2007. The
unit owner also told police he'd given the association permission
to enter only in an emergency. He also said he hadn't been
informed about a potential water problem, nor that the
association planned to enter his unit to investigate. Wilkinson
was charged with false imprisonment, aggravated assault, and
armed burglary.
What do you need to know about entering owners' units?
First, avoid self-help. In many states, taking matters into your
own hands is against the law. "In Michigan, basically we have
common law that pretty much restricts any self-help remedy, and
entry is a self-help remedy in situations that don't breach the
peace and that aren't necessary," says Mark Makower, a principal
at Makower Abbate and Associates PLLC in Farmington Hills, Mich.,
which represents about 600 community associations.
"'Necessary' means to the extent you can, you give notice. So if
you have a true emergency--to protect health, welfare, or
safety--you may enter. Most documents have an express easement
for that purpose. But that doesn't give you the right to violate
the law."
To learn more about why self-help isn't a good idea, along with
the remaining 3 of our "4 Tips for Entering Homeowners' Units,"
see our new article: http://www.hoaleader.com/members/478.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Laws: What's New in Community Association Law?
Here we begin an occasional feature in which we provide a
sampling of new state laws governing community associations and
explain the changes they'll require from boards in those states.
This month, we'll review new and proposed laws in three states--
Florida, Illinois, and Michigan.
Click here to read full article:
< http://www.hoaleader.com/members/475.cfm >
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Common Dog Rules: Does Your HOA Need Them?
Many community associations institute rules governing the size of
dogs, and some even ban certain breeds. Here we discuss how some
condo and homeowner associations have approached dog restrictions
and offer tips for crafting your own rules governing dogs.
Click here to read full article:
< http://www.hoaleader.com/members/474.cfm >
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Discussion Forum Follow-Up: Stopping Harassing Emails
You want to get homeowners involved as much as possible. But what
happens when you ask for involvement and then homeowners are
angry that you haven't heeded their requests to the letter--and
then hound you online to show their frustration? Here, we get
feedback from our experts on dialing back the tension between
owners and board members.
Click here to read full article:
< http://www.hoaleader.com/members/471.cfm >
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HOA Board Elections: What's a Nominating Committee? Can You Use
One? Should You?
Some HOA governing documents require or permit the homeowners
association to have a nominating committee that nominates
candidates for the board. How does that work if your state allows
homeowners to throw their names into the hat for an HOA election?
Here we explain the basics of nominating committees and the pros
and cons of using them.
Click here to read full article:
< http://www.hoaleader.com/members/470.cfm >
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What You Should Know about Nominating Committees for HOA Board
Positions
Does your HOA board need a nominating committee? Can you even
create one and still comply with your state law and governing
documents? In this week's tip, we answer your burning questions
on nominating committees.
Click here to read full article:
< http://www.hoaleader.com/public/469.cfm >
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