HOAleader.com - Tip of the Week - July 10, 2020
Published: Fri, 07/10/20
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You Can Stop Condo/HOA Owners Seeking Forgiveness, Not Permission, for Alterations
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In this week's tip, we answer a reader's question about what a board can do that very second they see a violation that's nearly impossible to undo after the fact. Think removing a massive tree. Painting a home the wrong color.
These days feel more contentious than in the past, which is why it's important to start by saying that you should always be aware of the dangers of confrontation.
"I tell my clients to be very careful about engaging," states 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. "If it's an emergency—such as taking down a tree because once a tree's down, there's no fixing it—maybe in that situation, they might be able to act a bit. But I'm hesitant, and I advise people to not approach people when they're in the middle of the violation.
"Board members should document the violation and let the property manager handle it," she advises. "I've seen where board members go to confront owners or residents, and it's turned into a physical confrontation. In today's world, with the way people are, I'd strongly advise any board member from approaching any person engaging in a violation."
Aronson speaks from experience, not just caution. "There was a parking violation in a community; someone was parking on grass," she recalls. "A board member approached the vehicle owners and said, 'You can't park there; you need to move your car,' and a physical altercation broke out. This has happened a few times in associations where there have been punches thrown.
"People get violent, and board members aren't paid to be enforcers," she laments. "They're given remedies, such as fining authority. So I don't recommend they take matters into their own hands. There's a cost to replacing a full-grown tree; it's expensive, but it can be done."
Also keep in mind that you can't catch everything as it happens, so cut yourself some slack, according to one of our experts. Read more, and find out what one expert has found works well to stop violations as they happen, in our new article: https://www.hoaleader.com/members/4150.cfm
Best regards,
Matt Humphrey
President
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