HOAleader.com - Tip of the Week - September 2, 2022
Published: Fri, 09/02/22
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HOAleader.com - Tip of the Week - September 2, 2022
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In this week's tip, we debate whether the mini government you lead at your condo or HOA is losing power.
The topic arises as a result of an ecologist's comment. Advocating for homeowners to get over their green lawns, the ecologist recently asserted: "There is a national movement to reduce the power of homeowner associations," he said. He cited such examples as the recently passed Maryland legislation that bans HOA rules against so-called low-impact landscaping like pollinator or rain gardens.
"The era of HOA overreaching is ending," he declared.
Is that true?
In a few states, there do appear to be legal changes as a result of what some consider overreaching by condos and HOAs. But it's not clear how broad such pushback truly is.
"Here in California, we have the Davis-Stirling Act, which regulates HOAs throughout the state," reports Alex Noland, CCAL, founder of Noland Law PC in San Francisco, which represents 200-plus community associations throughout California. "It's been in effect 26 years or so, and every year, there's some legislation that changes the act.
"Over the past 15 years, I've seen this trend toward expanding owner rights and limiting association rights," he adds. "Rentals are a good example. A law went into effect in 2021 that limits the ability of associations to restrict rentals on units and lots. There are now limits on rental caps, minimum lease terms, and other restrictions. A lot is based on public policy here because of a lack of affordable housing and housing in general.
"More examples include solar panels and electric vehicle changing stations," adds Noland. "We've had legislation for a few years that prohibits associations from banning solar panels, even in condo buildings. But you can have restrictions and can require certain financial expenses to be paid by the owner.
"There's also been legislation on elections that imposes more regulation and makes the board election process more painful," he notes. "The goal is transparency and to add doublechecks, but it ends up costing members more money."
Colorado has also seen recent legislation, and many news reports contend that actions at the Green Valley Ranch HOA in Denver triggered the changes. Find out how what this HOA did and the result, along with the status of your status in other states, in our new article: https://www.hoaleader.com/members/4574.cfm
Best regards,
Matt Humphrey
President
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Can You Ban Your Condo/HOA's Renters from Paying with Government Subsidies?
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