HOAleader.com - Tip of the Week - June 12, 2020

Published: Fri, 06/12/20

HOAleader.com - Tip of the Week - June 12, 2020

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Condos/HOAs Not Experiencing Spike in Delinquencies--Yet

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In this week's tip, we check in with our experts around the country to find out whether the communities they represent are seeing increased delinquencies due to the millions of Americans thrown off the job due to COVID-19.

Their answer is so far, so good.

As of mid-May, our experts were saying that they had yet to see big changes in owners' assessment payments.

"We haven't seen an uptick yet, though I know many associations and their boards are worried about the impact of COVID-19," reports Janet Oulousian Aronson, a partner at Marcus Errico Emmer & Brooks in Braintree, Mass., who is licensed in that state, in addition to Rhode Island and New Hampshire. "I do expect that it's coming. But what we seem to be finding is that owners may not have paid April. April might have been the first month impacted by COVID-19.

"Most of the states I practice in didn't have stay-at-home home orders until the end of March," she recalls. "So for the most part, March was a normal month. The situation changed more in April, so I expect the first month we'll see some of these owners who've been affected will be April. And it's too soon for those accounts to be turned over to collections."

Aronson says the effect may have also been blunted because most of her clients and their professional managing agents have sent letters to owners requesting that owners reach out to the association if they have cash-flow challenges affecting assessment payments. "Many of my clients have been trying to inform owners that, if they have a problem, let's communicate and try to figure out a solution," she states.

A Florida community association manager also hasn't experienced an increase in delinquencies. "We haven't seen that yet," reports Bruce Masia, LCAM, the Broward County-based vice president of the southeast region for KW Property Management. "For March and April, haven't seen a major dip in payments. But let's be honest, I think there's going to be some hit.

"My clients are mostly newer, high-end developments," he explains. "For them, I think there's going to be a slight blip. But I don't think we're going to have the larger amounts of delinquencies you're going to see in some of the older properties."

Matthew A. Drewes, a shareholder at DeWitt in Minneapolis, hasn't seen an uptick in delinquencies either. "What I've dealt with is that, in my ongoing work on preexisting defaults, associations have seen little need to discontinue pursuing those because of the change in circumstances," he reports. "These are people who weren't paying already. I've also had some reports of board members who are deciding on their own that they're not going to put a matter into collection during the midst of directives to stay at home."

That's becoming more common, according to our experts. Also becoming more common? People trying to game the system. Read more in our new article:
https://www.hoaleader.com/members/4137.cfm

Best regards,
Matt Humphrey
President

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Upcoming Event

How to Manage HOA Collections During the COVID-19 Pandemic and Current Economic Crisis

An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards

Thursday, July 2, 2020
2:00 p.m. Eastern

Learn more or register now:
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Members save $30!

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Recent articles posted at HOAleader.com:

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Should This HOA Board Be Handling This Owner in a New Way?

An HOAleader.com reader asks, "Our small HOA has a member who has moved into an assisted-living community. Her home is currently being used by friends of hers and is not rented. We have obtained her address at the assisted-living community to bill for HOA dues, but after three years, she has never responded. She has a son who attends to maintenance at the home.

Click here to read full article:
https://www.hoaleader.com/members/Should-This-HOA-Board-Be-Handling-This-Owner-in-New-Way.cfm

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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

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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

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How to Make Your Architectural Review Committee More Fair and Effective

Our experts recently presented an in-depth webinar on the challenges presented by architectural review committees—they often don't have great policies and procedures, and they can get your condo or HOA into big legal trouble. But there are strategies you can use to protect yourself. If you missed the webinar, get the recording now.

Click here for more info:
https://www.hoaleader.com/products/effective-architectural-review-committee-a.cfm

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COVID-19: Which Condo/HOA Amenities and Recreational Facilities Can Open?

We're getting a lot of questions from readers about what amenities must remain shuttered and which can re-open. Pools? 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

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