HOAleader.com - Tip of the Week - January 7, 2022
Published: Fri, 01/07/22
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HOAleader.com - Tip of the Week - January 7, 2022
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Now that the holiday shipping rush is over, you'll want to read this week's tip.
It comes in response to an HOAleader.com reader's question asking, essentially, whether an owner who alleges that staff lost a package delivered to the community on his behalf can be banned from the association's program of accepting deliveries for owners.
We think our reader should first back up and consider the pros and cons of condos/HOAs handling package delivery in the first place and then consider how to accept deliveries without making the process a huge burden on or added liability for the condo/HOA. But we haven't forgotten the reader's question about whether this board can "ban" this owner from its delivery-acceptance program.
"This is a fun topic because it's so timely and such a relevant question, especially since we've just gone through the holiday season," says Jasmine F. Hale, a partner at Berding & Weil based in Walnut Creek, Calif., who advises condos and HOAs throughout California. "I've definitely had boards who've terminated—I'll call it temporarily suspended—owners from having the HOA or their staff sign for packages.
"Part of the issue in having your HOA staff sign for packages is dealing with what happens if the package gets lost or misplaced," she explains. "The HOA now takes on liability. Maybe it's a really big deal if someone's medication accidently gets misplaced."
Matthew Zifrony, who advises homeowners and condo associations at Tripp Scott, a Ft. Lauderdale law firm, and who has also served as the president of a 3,000-home association, says his clients are split on the practice of accepting packages for owners.
"Historically, they were all offering the service," he says. "But over time, all it takes is one individual who claims a package was delivered, but the association has proof it wasn't delivered, and that owner makes a big deal. That one person ruins it for everybody else, and the board says, 'We're not doing this anymore.'"
The practice also often depends on the type of community involved, notes Alex Noland, CCAL, founder of Noland Law in San Francisco, which represents 200-plus community associations throughout California. "I've had some that have accepted packages, and it depends on the development," he says. "If you're dealing with a luxury building, it may have people on staff who typically receive deliveries. Some buildings expect that as part of the overall service."
As with so many issues at condos and HOAs, the key to success is creating a policy. Find out in in our new article: https://www.hoaleader.com/members/4445.cfm
Best regards,
Matt Humphrey
President
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