HOAleader.com - Tip of the Week - April 9, 2021
Published: Fri, 04/09/21
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Your Right to Know Whether Condo/HOA Owners Are Vaccinated
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In mid-March, about one-fifth of Americans had received at least one COVID vaccination shot, according to USA Today's vaccination tracker. And President Biden says there will be vaccinations available by the end of April for all adult Americans who want to be vaccinated.
But many Americans are choosing not to get the COVID-19 vaccine. And in this week's tip, we address the question of whether it's any of your condo/HOA's business which if your residents fall into each category.
Are any circumstances under which a condo/HOA board could or should ask residents about whether they've been vaccinated. Would that ever be relevant or necessary to a condo/HOA operational decision? The short answer: No. Or maybe. Sometimes. But not often.
Our experts say that, as a general rule, it would be off limits to ask questions about vaccination status. "I can't think of a time where it would be relevant," says Beth Mulcahy, founder of and senior partner at the Mulcahy Law Firm PC in Phoenix, who has represented more than 1,000 associations in Arizona and is also licensed in California and Wisconsin.
"There are privacy issues, and asking a question like this isn't something the association generally has a legal right to do. I wouldn't even write something like this in governing documents; I don't think it's appropriate. I'm not in favor of that."
That's also the general opinion of Daniel J. Miske, CCAL, a partner at Husch Blackwell in Milwaukee who represents 650 associations at any given time. "I don't think you can legally ask the question," he says. "I haven't gone
into the legal research, but it appears to be a violation of federal law—period."
However, there are ways to ask a question that allow the person on the receiving end to determine whether to answer. That may be an important distinction when it comes to vaccination status. Find out more, including the rare circumstances in which you might be able to ask about vaccination status, in our new article:
https://www.hoaleader.com/members/4303.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What's a HOA Resale Fee, and Who Sets It?
An HOAleader.com reader asks, "In Florida, does an HOA board have the sole authority to charge a fee on resales, or do they need a member vote?" Here, we answer that question and broaden it beyond Florida. When can it be charged, and what are the pros and cons?
Click here to read full article:
https://www.hoaleader.com/members/Whats-HOA-Resale-Fee-Who-Sets-It.cfm
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Condos/HOAs: Can You Require ACH Payments? Payments to Personal Accounts?
(You Didn't Misread That)
An HOAleader.com reader asks: "The HOA board is mandating ACH payments that are processed by an HOA board member who hasn't provided any security policy for our data. If we refuse to provide them with permission to debit our bank
accounts quarterly, we're required to pay one year in advance in full. This seems quite unfair and puts our information in a compromising position."
Click here to read full article:
https://www.hoaleader.com/members/CondosHOAs-Can-You-Require-ACH-Payments-Payments-Personal-Accounts-You-Didnt-Misread-That.cfm
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Remote Meetings: Must Your Condo/HOA Go Back to Meeting In Person?
As the pandemic eases and it becomes safer to meet in groups, will you still have the option to meet remotely? And if you can choose between virtual and in-person meetings, what factors should you consider when scheduling meetings? Read on for answers.
Click here to read full article:
https://www.hoaleader.com/members/Remote-Meetings-Must-Your-Condo-HOA-Go-Back-Meeting-In-Person.cfm
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Time to Check Whether Your Condo/HOA Fines and Fees Need an Update
Much like your community association lawyer and manager might raise their rates over time, you should probably review any fines and fees your condo/HOA charges to see if they're so low they don't do what they're supposed to do anymore.
Click here to read full article:
https://www.hoaleader.com/members/Time-Check-Whether-Your-Condo-HOA-Fines-Fees-Need-Update.cfm
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Advice for a New HOA President Picking Up the Financial Pieces
An HOAleader.com reader asks: "Hopefully, this forum will help be sort out best practices for a small HOA with a board that has been left in limbo because of the resignation of our treasurer, who I'm finding out has been controlling everything as far as the HOA. I was voted in by the membership to the board at an outside meeting in September. We didn't meet again until December, when I was elected president.
Click here to read full article:
https://www.hoaleader.com/members/Advice-for-New-HOA-President-Picking-Up-Financial-Pieces.cfm
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