HOAleader.com - Tip of the Week - March 4, 2022

Published: Fri, 03/04/22

Five Reasons Your Condo/HOA Can't Grant Memberships in Your Facilities to Nonmembers

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HOAleader.com - Tip of the Week - March 4, 2022

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Rarely do all the HOAleader.com experts we consult on a topic agree completely on a question we pose. In this week's tip, we answer a reader's question with a resounding, unanimous don't do this!- from our experts.

In short, our HOAleader.com reader states that the board recently approved honorary community privileges- to almost a dozen nonresidents. The action grants these nonmembers use of the association's facilities, including access to the pool and tennis/pickleball courts for one year, as a thanks for their volunteer work.

Our experts are, frankly, aghast.

“No, no, no, no, no, no,” says Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations. “I hope that's clear.”

Nancy T. Polomis, a partner at Hellmuth & Johnson PLLC in Edina, Minn., whose clients include local and developers and condos and HOAs throughout Minnesota, states: “You should see all the ink around that question in my notes. There's so much wrong with it that it appalls me. I've never heard of anyone doing this.”

“Don't.” That's the concise advice from Kelly G. Richardson, CCAL, a partner at Richardson, Ober, and DeNichilo in Pasadena, Calif., whose firm represents hundreds of HOAs throughout California, on this practice.

Why is this such a bad idea? Read five reasons our experts say this is a very dangerous practice--and probably one the board didn't have the authority to take--in our new article:
https://www.hoaleader.com/public/4475.cfm

Best regards,
Matt Humphrey
President

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Rental restrictions are unlike most other policies HOA boards create because they necessarily curb owners' real property rights. The law jealously protects property owners' rights, which means any HOA board that seeks to restrict rentals in their community needs to act wisely and deliberately. This report provides you with the information you need to achieve that goal.

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Recent articles posted at HOAleader.com:

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Making Bad Decisions: Granting Honorary Condo/HOA Memberships in Your Facilities

An HOAleader.com reader asks: The board president of a self-managed HOA made a motion that passed at a meeting to award honorary community privileges to almost a dozen nonresidents. These honorary privileges will grant them use of the association's facilities, including access to the pool and tennis/pickleball courts for one year...

Click here for more:
https://www.hoaleader.com/members/Making-Bad-Decisions-Granting-Honorary-CondoHOA-Memberships-in-Your-Facilities.cfm

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Can Tech Help Condos/HOAs Address Building Defects and Design Failures?

Are your condo and common HOA structures sound? How can you even tell? Tyler Berding, founding partner of Berding Weil based in Walnut Creek, Calif., says new tools can help condos and HOAs identify structural issues. Here, he runs through the latest in building technology to identify potentially risky damage that you can't see with the naked eye.

Click here for more:
https://www.hoaleader.com/members/Can-Tech-Help-Condos-HOAs-Address-Building-Defects-Design-Failures.cfm

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What to Do About HOA Board President Who's Behind $30K in Dues But Refuses to Step Down

An HOAleader.com reader asks: "I just joined our HOA board as secretary. (We have 17 units in our complex. We're located in Southern California in Los Angeles County). Our current HOA management company didn't send out the mailed notification of the board meeting to our HOA members, so we had low voter turnout to our HOA members' meeting. (We had only eight units show up. Two HOA members were there by accident because they were walking their dog. Our meeting was outside.)..."

Click here for more:
https://www.hoaleader.com/members/What-Do-About-HOA-Board-President-Whos-Behind-30K-Dues-But-Refuses-Step-Down.cfm

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HOAleader.com Video: How an HOA Deals with the Alleged Drug Dealers Next Door (Literally)

An HOAleader.com reader needs help with what seems to be a serious crime and safety issue next door to their home. The reader is on the board of a 30-unit community and has a video covering two months of activity that the reader believes proves that their neighbor and live-in boyfriend are dealing drugs both inside and outside the gates of the community. The local police and narcotics squads have been notified, but the problem persists...

Click here for more:
https://www.hoaleader.com/members/HOAleader-Video-How-HOA-Deals-with-Alleged-Drug-Dealers-Next-Door-Literally.cfm

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Can You Just Go With the Flow with the Size of Your Condo/HOA Board?

An HOAleader.com reader asks, "Our bylaws read, 'The affairs of the association shall be managed and governed by a board of directors composed of not less than 3 not more than 33 members.' The term limit is one year. Each year, the HOA board increases or decreases based on the number of candidates for the board. As long as no more than 33 candidates apply, everyone is voted in. Can this possibly be correct?"...

Click here for more:
https://www.hoaleader.com/members/Can-You-Just-Go-With-Flow-with-Size-Your-Condo-HOA-Board.cfm

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