HOAleader.com - Tip of the Week - December 4, 2009
Published: Fri, 12/04/09
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Eyesores in Your HOA:
Know Your Rights Before Cleaning Owners' Property
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Does your association have the right to "self help"? That is,
can you march onto an owner's property to clean up an eyesore
the owner has repeatedly refused to address?
"Self-help needs to be authorized by the governing documents
before anybody, whether it's a property manager or board member,
goes onto a property to cure violations," explains Penny L.
Koepke, an attorney at Ekmark & Ekmark LLC in Scottsdale, Ariz.,
who represents homeowners associations. "If they go on the
property without authorization, it's trespass, and if they
remove property, it's theft."
If your governing documents provide authorization, it's still
smart--and often required--that you give owners notice before
you enter their property. "If there are notice requirements,
you need to make sure you follow those as well," says Koepke.
"Often documents here in Arizona require 14 days' notice or
state that the board has to meet and make a specific finding
that the property needs self-help and then give notice. Some
say that self-help can be done, and there's no notice
requirement."
Also be sure that you're going in for a repair that's necessary,
not a minor issue. "We tell clients you've got to limit entry to
true life, safety, and health issues, not just something that's
an annoyance," Penny told us. "Overgrown weeds could be a fire
danger. Perhaps there's a garage door falling off its hinges and
the property appears to be unoccupied."
Even if your governing documents allow you to enter an owner's
property, you still face questions about whether you can be
reimbursed for the association's cleanup expenses, and you must
be sure that whoever does the work isn't in physical danger from
an angry homeowner.
To know your options (and the legal landmines you should avoid)
when owners in your HOA won't maintain their property, see our
new article: http://www.hoaleader.com/members/366.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Maintenance: Know Your Options When Owners Won't Maintain
One of the owners in your HOA has overgrown grass, along with
junk in the yard. You've fined him, but he still does nothing to
clean his eyesore of a property. What are your homeowners
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enter the property and do maintenance? If so, what must you know
before you avail yourself of that authority? Here are your
answers.
Click here to read full article:
< http://www.hoaleader.com/members/366.cfm >
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< http://www.hoaleader.com/members/365.cfm >
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Click here to read full article:
< http://www.hoaleader.com/members/364.cfm >
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Has Your HOA Board of Directors Adopted a Model Code of Conduct?
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Click here to read full article:
< http://www.hoaleader.com/public/363.cfm >
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HOA Board Governance: A Model Code of Conduct for Board Members
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Click here to read full article:
< http://www.hoaleader.com/members/361.cfm >
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