HOAleader.com - Tip of the Week - November 13, 2020
Published: Fri, 11/13/20
=================================================================
Negative Comments on Facebook? Just Take Away the Owner's HOA Pool Privileges! (Maybe Not)
=================================================================
In this week's tip, we start by mentioning that an Arizona HOA is embroiled in litigation in which board members are suing members and alleging defamation over posts the homeowners made online.
But we really home in on this sentence in that report: "Last fall, the board was crafting a social media policy that would ban homeowners from posting negative comments about the directors, residents or the association's employees and agents. Penalties for violation included clubhouse privileges suspension, attorney fees and other costs related to enforcement action and fines ranging from $50 to $150. The board eventually tabled it after residents voiced objections."
Wait, what?
Let's start with a big "we get it." You're tired of being attacked, often baselessly.
"I can see both sides of this issue on some level," states Matthew A. Drewes, a shareholder at DeWitt in Minneapolis. "I've worked with boards where the board from all indications seemed to be doing their best and the right things. But there was criticism from people who generate conspiracy theories or have ill will, often because they were subject to enforcement in the past.
"Even if there's a sizeable group of dissenters, that doesn't mean the board is in fact guilty of doing what the dissenters are saying," he adds. "There can be bad actors among homeowners in that regard. But there can be bad actors among those on the board, too. That certainly has happened as well. I don't have enough information to know which is happening in this story."
Molly Peacock, counsel at Rees Broome in Tysons Corner, Va., who's represented condos and HOAs for 15 years, also sympathizes. "I would have concerns about such a policy," she says. "And those concerns would need to be tempered with the idea that board members are volunteers, and they get lambasted with completely baseless accusations from people who often don't know or understand the landscape of every decision. It can be a popular activity to really criticize board members. And that can spread like a cancer and chill any hope that people will serve."
Whether such a policy could be enforceable depends on what the board was actually considering. Was the board going to ban negative comments on its own platforms? Or was the board ready to penalize members for their comments on third-party platforms? Our experts think both are difficult positions to take. Find out why in our new article:
https://www.hoaleader.com/members/4222.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event - Next Week!
=================================================================
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:
=================================================================
Drones As Inspectors: Should Condos and HOAs Worry?
New York City is reportedly investigating the use of drones to do property inspections. Does this mean drones will have access to areas condos or HOAs don't typically allow inspectors to see? And how enforceable would a violation identified by drone be?
Click here to read full article:
https://www.hoaleader.com/members/Drones-As-Inspectors-Should-Condos-HOAs-Worry.cfm
=================================================================
Forcing New HOA Owners to Correct Old (and We Mean Old) Violations
An HOAleader.com reader asks, "A previous board or manager of a Michigan condo association gave a member written approval to build a deck that exceeds the size allowable in the association's bylaws or rules. Ten years later the member is now selling..."
Click here to read full article:
https://www.hoaleader.com/members/Forcing-New-HOA-Owners-Correct-Old-and-We-Mean-Old-Violations.cfm
=================================================================
HOA Sued Over Racist Deed Restrictions
The Missouri attorney general sued two HOAs in September for failing 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."
Click here to read full article:
https://www.hoaleader.com/members/HOA-Sued-Over-Racist-Deed-Restrictions.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
=================================================================
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.
Copyright 2020, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com