HOAleader.com - Tip of the Week - September 9, 2022
Published: Fri, 09/09/22
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HOAleader.com - Tip of the Week - September 9, 2022
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Why can't people just follow the rules?
That's probably a question you ask each time an owner violates—yet again—one of your HOA's rules that seems oh, so simple to follow.
In this week's tip, we checked in with our experts to find out which rules were getting trampled on so often that their client boards were losing their patience. We also asked for solutions that finally ended the rule breaking and stress. Did the board change the rule to give it more teeth? Undo the rule? Impose a huge fine as an example?
One thing we learned is that it's difficult to pick just one vexing issue. "It's hard to single out just one or two," states Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who has represented associations for close to 40 years. "I think it really comes down to behavior and conduct issues."
Shields' colleagues agree that governing people's behavior can be like herding cats. Here are two issues they say is driving their client boards batty.
1. Short-term rentals on the down low—"This is always an issue," reports 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. "The big issue is how you prove violations. Unless you see the cars going in and out or speak to the person renting the unit, you're not going to be able to prove it.
"I advise my clients to amend their declaration to say that even advertising a unit as a short-term rental is a violation," she says. "That's easy to prove."
This is also a challenge for clients of Harry Styron, a community association attorney at Styron & Shilling in Ozark, Mo., who represents roughly 40 association clients at any given time. "Significant fines have been a deterrent," he notes. "Because some of the short-term rentals are also in violation of municipal or county regulations requiring business licenses, health inspections, and collection of sales and room taxes, reporting the violators to city or county officials is sometimes helpful.
"That's a way for the association to resolve the issue without spending a lot of money," he adds. "It also sort of keeps peace in the neighborhood because of the anonymity. Squealers would prefer anonymity—and the HOA board—to take the heat because violators always want to know who ratted them out."
Read all six rules that tie our readers in knots in our new article: https://www.hoaleader.com/members/4578.cfm
Best regards,
Matt Humphrey
President
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