HOAleader.com - Tip of the Week - October 2, 2020
Published: Fri, 10/02/20
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Why Your Condo/HOA Should Be Ready for Key People to Disappear (Plus, We Have a 5-Step Plan)
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In this week's tip, we begin making the case that, if you don't already have one, 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?
For the most part, given where we are with technology, this doesn't happen as often as it might have just five years ago. If it does, however, it may be something more common in properties not professionally managed.
"That's really awful," laments Bruce Masia, LCAM, the Broward/Palm Beach County, Fla.-based vice president of the southeast region for KW Property Management. "I've seen this happen in self-managed properties. I see this where the information is hoarded. Some people have been sitting on boards for years and years, and then something happens. Then the rest of the board is backtracking and trying to figure something out."
Self-management might indeed be a risk for this issue, agrees Andrea L. O'Toole, a Walnut Creek-based principal at Berding Weil, a law firm that does only community association law throughout the state. "I haven't really seen that," she notes. "My first instinct is to assume this is a self-managed association, and that's one of the risks you have being self-managed—who's the keeper of the records?
"We do sometimes get into a situation where the prior manager hasn't been very good at recordkeeping, and a new manager asks for the records but can't get them," she adds. "Then the manager is going to prior members of the board to get their records. But I've not had the issue where someone who was the gatekeeper of the records no longer has the ability to serve, though I could see how it be a big problem."
Luckily, another of our experts has a five-step plan to get you started. Read it in our new article: https://www.hoaleader.com/members/4203.cfm
Best regards,
Matt Humphrey
President
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HOA/Condo Elections in the Time of COVID-19: How to Plan for and Execute a Successful Election Now
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Recent articles posted at HOAleader.com:
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Is This HOA Swim Clinic Fishy? And Should The HOA Directors Get Paid to Run It?
An HOAleader.com reader asks, "Two pool committee members who are covered by the HOA's D&O insurance and are considered directors of the board are running a youth swim clinic on behalf of the HOA. The swim clinic was advertised to the community as an HOA swim clinic being run by the HOA pool committee. There are approximately five instructors who are paid to run the swim clinic and teach the youth swimmers stroke mechanics.
Click here to read full article:
https://www.hoaleader.com/members/This-HOA-Swim-Clinic-Fishy-Should-HOA-Directors-Get-Paid-Run-It.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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Would These Twists on Political Signs Still Violate Typical Condo/HOA Policies?
The vice president of the Camino Ramon Terrace HOA in California has a Black Lives Matter and an anti-Trump sign in her car. The HOA sent an email notifying her that the signs aren't permitted in the HOA and must be removed. Her response? The HOA has no control over signs in cars parked in the HOA. Is she right?
Click here to read full article:
https://www.hoaleader.com/members/Would-These-Twists-on-Political-Signs-Still-Violate-Typical-Condo-HOA-Policies.cfm
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Your Condo/HOA's Role When Internet Service Is Spotty Is...
An HOAleader.com reader asks how the HOA can get a telecom company to add infrastructure to a small portion of the neighborhood that can't get internet service. We'd like to back things up: Should a condo or HOA get involved in the question of internet service and its infrastructure at all?
Click here to read full article:
https://www.hoaleader.com/members/Your-CondoHOAs-Role-When-Internet-Service-Spotty-Is.cfm
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What to Have in a Your Condo/HOA Communications Policy
In HOAleader.com's recent webinar, How to Prevent Today's Climate of Tension and Anger from Taking Hold at Your Condo or HOA, expert panelist James McCormick recommended that condo and HOA boards create a communications policy.
Click here to read full article:
https://www.hoaleader.com/members/What-Have-in-Your-Condo-HOA-Communications-Policy.cfm
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