HOAleader.com - Tip of the Week - November 19, 2021
Published: Fri, 11/19/21
=================================================================
HOAleader.com - Tip of the Week - November 19, 2021
=================================================================
We just heard of a sure-fire way to waste community association funds by being forced to defend a lawsuit.
In this week's tip, we explain why you can't get into the business of asking your residents whether they're married.
The issue comes up in response to an HOAleader.com reader question: "Can an HOA (in Florida) discriminate against prospective buyers if they aren't married? For example, if two people live together and have a child as a product of their relationship and they're not married and only one of the two are buying the house in their name.
The association says the prospective owner (female) can't have her 'significant other' and father of the child live with her because they're not married and only her name will be on the deed/title of the property. Would that be discrimination based on familial status?"
We at HOAleader.com are baffled this has come up, and our experts had various ways to describe their concern over this reader's question.
"This is crazy," states Melissa Garcia, a shareholder at Altitude Community Law PC in Lakewood, Colo., who provides advice and counsel to Colorado associations in all areas of community association law. "Why does the association care?"
"That's insane," says Bill Worrall, director of FirstService Residential in Hollywood, Fla., which manages more than 2,000 condominium and homeowner associations totaling 350,000 residential units. "That board should be very careful. They should contact their attorney is what should happen.
"The closest scenario I could think of to that situation is too many people living in a residential unit where that's a violation of an occupancy code," he states. "But this definitely isn't the association's business, and the association shouldn't be involved. If a couple want to live together and have a child together, I don't see any way possible that's any of the association's business. That's a scary situation for the association."
Find out why this is so risky—and the issues you can address when it comes to occupants of your units—in our new article: https://www.hoaleader.com/members/4419.cfm
Best regards,
Matt Humphrey
President
=================================================================
Free Upgrade to Group Membership
HOAleader.com members can now get a complimentary upgrade to group membership. With a group membership, the rest of your HOA or condo board--up to 9 additional members--will get their own member accounts.
Plus, when you register for a webinar, your entire group can register for the price of one person. Everyone gets their own dial-in information; no need to huddle in one location.
It's a fantastic value.
Make your job easier. Help the rest of your board get up to speed on HOA management best practices by adding them to your HOAleader.com membership today for no cost.
Already a member? Create complimentary accounts for the other members of your HOA board now:
http://www.hoaleader.com/members/main.cfm
Not a member yet? Sign up now with our low individual rates and then add your fellow board members for no additional cost:
http://www.hoaleader.com/details.cfm
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Can Land Be Donated to a Condo/HOA? Would You Even Want It?
An HOAleader.com reader asks: "We have two vacant lots in our development of 442 lots that have been 'abandoned.' The owner doesn't pay annual dues or property taxes, and builders have said it would cost too much to build a house on these lots because they're very steep and have bad drainage. The HOA won't foreclose on or buy these lots because we could never sell them. Could a lot owner donate these properties to the HOA, and then the HOA could convert or use them as green space or common area? It could be a charitable 501(c) donation."
Click here for more:
https://www.hoaleader.com/members/Can-Land-Be-Donated-Condo-HOA-Would-You-Even-Want-It.cfm
=================================================================
Can This HOA Board Declare This Issue Done and Stop Arguing?
An HOAleader.com reader asks: "I moved to a 14-unit HOA in November 2020 and was voted in as a board member in June 2021. Members met to approve continuation of paying two homeowners a total of $150 annually since their homes were covering the costs of water and electricity of common HOA swales and gate. One homeowner continues to fight this saying $150 annually is too much..."
Click here for more:
https://www.hoaleader.com/members/Can-This-HOA-Board-Declare-This-Issue-Done-Stop-Arguing.cfm
=================================================================
Condo/HOA Experts' 5 Best Tips for Small Communities
An HOAleader reader is new to the world of community associations and wants our help on a specific question. But we thought we'd broaden it and lend a stronger hand. The reader's question is pretty straightforward: "Anyone got any tips for a small HOA president? Former president is making things a bit more difficult by being slow to respond to transition. Is it possible to change the registered agent without his consent?"
Click here for more:
https://www.hoaleader.com/members/Condo-HOA-Experts-5-Best-Tips-for-Small-Communities.cfm
=================================================================
Is This HOA Bylaw Request for Owners' Information Reasonable?
An HOAleader.com reader asks, "Our bylaws require that a co-owner fill out a sheet that lists the owner of the condo, who's living there, contact information, vehicle information, insurance information, and emergency contacts. The HOA was loosely run for a while, and these documents weren't always secured at time of purchase..."
Click here for more:
https://www.hoaleader.com/members/This-HOA-Bylaw-Request-for-Owners-Information-Reasonable.cfm
=================================================================
California's New Condo Inspection Law: Early Lessons That Reach Beyond the State
An HOAleader.com reader tells us: "SB326 in California now requires all condominium units to have inspections with or by an architect or engineer every nine years. Decks, I believe above six feet in height and not over a raised portion of the building below..."
Click here for more:
https://www.hoaleader.com/members/Californias-New-Condo-Inspection-Law-Early-Lessons-That-Reach-Beyond-State.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 2021, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com