HOAleader.com - Tip of the Week

HOAleader.com - Tip of the Week - November 6, 2020

Published: Fri, 11/06/20

HOAleader.com - Tip of the Week - November 6, 2020 ================================================================= HOAs' Blatantly Racist Deed Restrictions At Issue in Missouri Lawsuit ================================================================= In week's tip, we report on the Missouri attorney general's lawsuit against two HOAs after they allegedly refused to remove racial restrictions in their documents--and it's not like the restrictions were vague or could be misconstrued. Specifically, the documents stated: "None of said lots during aforesaid period shall be conveyed to, owned, used nor occupied by negroes as owners or tenants." According to the complaint, the HOAs were notified 30 days before the complaint was filed that the restrictions must be removed yet took no action. The community associations that were sued are the Country Club Homes Association and the Crestwood Homes Association, both in Kansas City. For Country Club Homes, it's plats 5-6 that include the racist provision. Interestingly, other plats in the community have redactions of those racist provisions and replacement text, according to the complaint, stating: "as a historical reference only" and the "requirements have expired." For Crestwood, it's the covenant that includes the provision at issue. Missouri Code § 213.041 requires HOA boards to amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant. Also, any person may provide written notice to an HOA requesting that the HOA do that. If the HOA doesn't delete the restriction within 30 days, the statute authorizes a lawsuit for injunctive relief. In the complaint, the AG is seeking that injunctive relief permitted under the statute and attorneys' fees related to the litigation. To be clear, these provisions are unenforceable under the 1948 case Shelley v. Kraemer. In that case, the U.S. Supreme Court found such restrictions unenforceable as a violation of the U.S. Constitution's equal protection clause. This issue of restrictive covenants that are indisputably illegal has come up in the practice of John Richards, founder of Salt Lake City-based Richards Law, which represents at least 3,000 condo and planned-unit developments throughout Utah. Read about his experience, plus tips on what to do if your documents have such provisions, in our new article: https://www.hoaleader.com/members/4217.cfm Best regards, Matt Humphrey President ================================================================= Upcoming Event ================================================================= Enforcement of Your HOA's Rules During a Pandemic: How to Create Enforceable Rules, Effective Fines, and a Fair Violation Process An Exclusive HOAleader.com Webinar With Practical Tips for Condo and HOA Boards Thursday, November 19, 2020 2:00-3:00 p.m. Eastern Enforcing your condo or HOA's rules doesn't have to be a pitched, tense, and unpleasant battle between your board and your homeowners. With some smart planning, you can make enforcing your HOA's rules quicker, easier, and less stressful—even during a worldwide pandemic. Learn more or register now: https://www.hoaleader.com/products/hoa-rules-enforcement-during-pandemic-a.cfm Members save $30! ================================================================= Recent articles posted at HOAleader.com: ================================================================= HOAs Waive Restrictions on Above-Ground Pools--Temporarily The Wall Street Journal has reported that some HOAs are waiving restrictions--but only temporarily--against above-ground pools due to COVID-19. Sounds accommodating, right? 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 ================================================================= 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 ================================================================= Ah, That Timeless Question: Is This HOA Conducting Selective Enforcement? An HOAleader.com reader asks a good question: "Over the last two to three years, our long-established (and somewhat sleepy) community (25+ years old) of larger acreage tracts has had an insurgence of new construction with selling out many of the last of the lots. New property owners are buying up lots that have sat empty for years, and in some cases, filling all open property gaps between long-existing homes. Click here to read full article: https://www.hoaleader.com/members/Ah-That-Timeless-Question-This-HOA-Conducting-Selective-Enforcement.cfm ================================================================= 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 ================================================================= Paying a Visit- to an HOA Bully of an Elderly Neighbor: Not the Best Solution 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.) Click here to read full article: https://www.hoaleader.com/members/Bad-HOA-Owner-Behavior-But-Board-Member-Visit-Wise.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. 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