HOAleader.com - Tip of the Week - October 23, 2020
Published: Fri, 10/23/20
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Paying a Visit to an HOA Bully of an Elderly Neighbor: Not the Best Solution
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In week's tip, we answer an HOAleader.com reader's question about a bully who literally parked in his elderly neighbor's driveway claiming he had every right to do that because it was common area. (It's not.)
Our reader wants to know if it's time for a board member to pay this bad guy a "visit."
Yikes. We were with this reader, nodding our heads, until the "visit" was mentioned. And to a person, all four of the experts we ask weren't fans of the personal approach, either. Here's what one of them said:
Andrea L. O'Toole, a Walnut Creek-based principal at Berding Weil, a law firm that does only community association law throughout the state—"Pay a visit only if your board member is Bruce Lee," she jokes. "But, seriously, I'm 100 percent with you.
"Board members often take this upon themselves," she says. "They say, 'I'm really good buddies with this person; we play golf, so I'll talk to them.' Maybe there's a scenario when this makes sense, especially since, if you jump to enforcement, owners often say, 'Why did you send me this nasty letter?' But board members don't always know what they're signing up for, and they typically have a management company that can do this.
"Also, this guy has already shown he's purposely intimidating someone," adds O'Toole. "So here, I wouldn't come out of the gate with a nastygram, but maybe do the contact at the board level through an internal dispute resolution procedure. You start with notice saying essentially, 'It was reported to us that you're engaging in this, and we'd like to sit down and have a talk with you. There might be an underlying problem, and maybe we can help.'
"Maybe the owner is really that kind of person and won't show up to dispute resolution," she states, "If that's the case, remember that the association has an obligation to step in and protect this other owner, especially under U.S. Department of Housing and Urban Development regulations designed to prevent a resident from creating a hostile environment."
Three more experts weigh in—and they each offer a unique perspective, in our new article: https://www.hoaleader.com/members/4209.cfm
Best regards,
Matt Humphrey
President
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Upcoming Event
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Enforcement of Your HOA's Rules During a Pandemic:
How to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
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Thursday, November 19, 2020
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Recent articles posted at HOAleader.com:
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HOA/Condo Elections in the Time of COVID-19: How to Plan for and Execute a Successful Election Now
Watch this information-filled webinar and you'll learn valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious--all during a pandemic.
Click here for more info:
https://www.hoaleader.com/products/hoa-condo-elections-covid19-b.cfm
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HOAs Waive Restrictions on Above-Ground Pools--Temporarily
The Wall Street Journal is reporting that some HOAs are waiving restrictions--but only temporarily--against above-ground pools due to COVID-19. Sounds accommodating, with some community pools closed. But this also seems like a hard genie to put back in the bottle. Are temporary waivers wise? Here, we ask our experts.
Click here to read full article:
https://www.hoaleader.com/members/HOAs-Waive-Restrictions-on-AboveGround-PoolsTemporarily.cfm
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Group Home Must Be Accommodated By HOA, Federal Court Rules
A federal court has held that an HOA can't penalize a group home for sober living for violating its use restrictions regarding residential use, noise, and parking. Instead, the HOA must provide reasonable accommodations. Here, we explain the case and ask our experts to sort out the ramifications for HOAs.
Click here to read full article:
https://www.hoaleader.com/members/Group-Home-Must-Be-Accommodated-By-HOA-Federal-Court-Rules.cfm
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Why Your Condo/HOA Should Be Ready for Key People to Disappear (Plus, We Have a 5-Step Plan)
Your community needs a continuity plan. What do we mean by that? One of our experts recently suffered the loss of a community's president to COVID-19. It was a sad loss and one made more difficult because the community had done no planning for the what-ifs. What if a leader suddenly becomes unavailable to serve? Are there documents and information in that leader's possession others will need? If so, how will you gain access to them?
Click here to read full article:
https://www.hoaleader.com/members/Has-Your-Condo-HOA-Board-Done-Necessary-Continuity-Planning.cfm
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Geico's HOA Cynthia Ad: What Your Board Can Learn from It
Have you seen it? Geico is ribbing you and your colleagues in a new ad it calls HOA Cynthia. It's funny, in part because there's some truth to it. Some board members take their jobs too seriously. But while we chuckle, let's also ask a serious question: What can we learn from a national ad that pokes fun at association board members?
Click here to read full article:
https://www.hoaleader.com/members/Geicos-HOA-Cynthia-Ad-What-Your-Board-Can-Learn-from-It.cfm
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