HOAleader.com - Tip of the Week - July 3, 2020
Published: Fri, 07/03/20
=================================================================
Hey, Would You Mind Parking Your Police Cruiser in Our Condo/HOA?
=================================================================
In this week's tip, we discuss a new Florida law that triggers an interesting debate about whether condos/HOAs should encourage their law enforcement owners to park their cars on site.
Sunshine State HOAs that prohibit their residents from parking commercial vehicles in driveways must permit owners' police cruisers now that the governor has signed a law invalidating such provisions in HOA documents as they relate to police vehicles.
What's next? Private security vehicles? Something else? Or is this perfectly fine?
S.B. 476 has a simple purpose. It states that an association can't prohibit a law enforcement officer who's a unit owner or tenant, guest, or invitee of a unit owner from parking an assigned law enforcement vehicle where the unit owner or the tenant, guest, or invitee of the unit owner otherwise has a right to park.
Who's a law enforcement officer? Anybody elected, appointed, or employed full time by any municipality, state, or other government entity who can essentially carry a gun and make arrests. It includes supervisory and command personnel who supervise, train, guide, and manage such officers but not support personnel of a law enforcement agency.
Translation: All of these people can park on streets, in driveways, and other spots in HOAs.
"I think this is just an acknowledgement of the fact that police officers who are assigned and have marked vehicles can park those vehicles in their driveway even if the vehicle would generally be considered an offending business vehicle," states Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who has represented associations for decades.
"Some associations would say they don't know if such a vehicle falls within their permitted or nonpermitted commercial vehicle provisions," he adds. "This is the state government saying it really does recognize that law enforcement personnel are often assigned vehicles they must use coming to and from work and, like it or not, they're on call almost all the time."
While mostly police cruisers are considered a positive in communities, that's not universally true. Find out more in our new article: https://www.hoaleader.com/members/4131.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
Anger & Your HOA: How to Prevent Today's Climate of Tension and Anger from Taking Hold at Your Condo or HOA
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, July 30, 2020
2:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/preventing-anger-tension-hoa-a.cfm
Members save $30!
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Court Hits HOA with Liability for Its Kid-Restrictive Rules
A federal court has held an Idaho HOA liable for rules requiring kids to have an adult guardian at its pool, tennis courts, and clubhouse in violation of the Fair Housing Act; in addition, the court also found the HOA's treatment of a request for a fence a violation of fair housing laws.
Click here to read full article:
https://www.hoaleader.com/members/Court-Hits-HOA-with-Liability-for-Its-Kid-Restrictive-Rules.cfm
=================================================================
What Your Condo/HOA Should Know About Creating a Conservation Easement
An HOAleader.com reader asks, "We're considering putting a conservation easement on our 17-acre private lake to protect it for future generations. Have any of you done this? What has been your experience? Advantages v. disadvantages?"
Click here to read full article:
https://www.hoaleader.com/members/What-Your-CondoHOA-Should-Know-About-Creating-Conservation-Easement.cfm
=================================================================
COVID-19: Which Condo/HOA Amenities and Recreational Facilities Can Remain Open?
We're getting a lot of questions from readers about what amenities must remain shuttered and which can reopen. Can pools open? What about running trails? What about tennis courts? Here, our experts explain what they're advising their clients. Plus, we address how to respond when owners push back (as many are) and that people need to exercise to stay healthy and can just use the facilities at their own risk.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-Which-CondoHOA-Amenities-Recreational-Facilities-Can-Remain-Open.cfm
=================================================================
Your Condo/HOA's Risk Liability for an Owner's Under-the-Radar Day Care
Colorado lawmakers are working to pass legislation permitting owners to operate licensed home-based day care businesses and, at the same time, protecting associations from claims from children who are injured on common property or using amenities while in home-based day cares.
Click here to read full article:
https://www.hoaleader.com/members/Your-CondoHOAs-Risk-Liability-for-Owners-UndertheRadar-Day-Care.cfm
=================================================================
An HOA Owner Changes Addresses--Literally--and Doesn't Tell the HOA
An HOAleader.com reader has a novel question: "We recently went through a review of our membership records, and we discovered that one of our members changed their property address without informing the board.
Click here to read full article:
https://www.hoaleader.com/members/HOA-Owner-Changes-AddressesLiterallyand-Doesnt-Tell-HOA.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2020, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com