HOAleader.com - Tip of the Week - June 30, 2023
Published: Fri, 06/30/23
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HOAleader.com - Tip of the Week - June 30, 2023
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In this week’s tip, we’re again answering a reader’s question, this one pretty straightforward: Why is it important whether our streets are public or private? The answer is that it’s actually kind of a big deal.
Jeff Vollmer, a partner at Makower Abbate Guerra Wegner Vollmer PLLC, whose firm advises nearly 2,000 association clients throughout Michigan, has clients that have private roads that are common elements and clients whose roads are owned by the local government.
"Sometimes, the streets are deeded to the municipality," he adds. "On the plat, there will be a reflection that the roads are publicly dedicated."
In Florida, Christopher J. Shields, a partner at Pavese Law Firm in Fort Myers, Fla., who has represented associations for close to 40 years, says the vast majority of the new projects in the state come with private roads. There are still many communities, however, with public roads.
In Georgia, Diane Amaral, an association manager at Alpharetta, Ga.-based Homeowner Management Services Inc., who personally manages a portfolio of eight HOAs, says the situation is fluid. "It’s a unique setup," she explains. "Most are public. We have a lot of planned subdivisions here in Georgia with amenities such as swimming pools and tennis courts—none of that is unusual. But some are gated, and some aren’t.
"Even if communities don’t have gates, some have private roads," she adds. "And if the roads were private before the community was gated, the association has often then taken over the roads once the community has become gated.
"I personally lived in a very large HOA with more than 900 homes, and it decided to gate," says Amaral. "It had a front and back entrance, and many drivers used the community as a cut-through.
"When communities do that, they have to agree legally to maintain the roads they’ve now gated," she adds. "There’s no more of the county coming in to pave or to put up new road signs. It becomes a very large ticket item for the association. But it generally also adds more value."
Vollmer says tension can arise when owners expect service on streets the association doesn’t have the authority to oversee. Find out more in our new article: https://www.hoaleader.com/members/4722.cfm
Best regards,
Matt Humphrey
President
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HOA Board Members and Fiduciary Duties: What You Must Know to Fulfill Your Duty to Your Association and Protect Yourself from Personal Liability
Did you miss yesterday’s webinar on how to fulfill your fiduciary duty to your association and protect yourself from personal liability? If so, you missed a great instructional session! Get a copy of the recording so your entire board can watch on demand.
When you volunteered to serve your community association as a board member, did you realize you were agreeing to set aside your own interests and act as a fiduciary on behalf of the entire association? Are you confident you know every scenario where you might trip up and expose yourself to personal liability by failing to live up to this important duty? Set aside an hour of your time to learn what you need to know and ensure you’re not risking your own financial security by making common—but easily avoidable—mistakes while volunteering as an HOA board member.
Click here to get a copy of the recording:
https://www.hoaleader.com/products/hoa-fiduciary-duties-personal-liability-b.cfm
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Recent articles posted at HOAleader.com:
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What You Need to Know About Public and Association-Controlled Streets
An HOAleader.com reader has asked for an explanation of the difference between public and private streets and why it matters in terms of who’s responsible for what and what the condo/HOA can control on the roads. Happy to help. Here’s a rundown...
Click here for more:
https://www.hoaleader.com/members/What-You-Need-Know-About-Public-Association-Controlled-Streets.cfm
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Can Your Condo Board Shift Water Damage Costs to Owners? [HOAleader.com Video]
In this week’s tip, we hear from one of our experts, Patricia A. Ayars, who reports that she’s seeing more conflict over who pays for damages when an owner’s unit springs a leak...
Click here for more:
https://www.hoaleader.com/members/Can-Your-Condo-Board-Shift-Water-Damage-Costs-Owners-HOAleadercom-Video.cfm
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Florida Softens the Blow of Its Post-Champlain Law, But Not by Much
Its original legislative response to the collapse of the Champlain Towers was sudden and burdensome, many of our experts reported. Now, the Florida legislature has passed new provisions to ease the stress. Here's a brief overview of the changes...
Click here for more:
https://www.hoaleader.com/members/Florida-Softens-Blow-Its-Post-Champlain-Law-But-Not-by-Much.cfm
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HOAleader Video: Condo/HOA Expert Says Water Damage Disputes on the Rise
Are your state law and governing documents absolutely, positively clear on who pays when there's water damage to either owners' units or the common areas?
Click here for more:
https://www.hoaleader.com/members/HOAleader-Video-Condo-HOA-Expert-Says-Water-Damage-Disputes-on-Rise.cfm
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Law to Starve Terrorists of Funding and Other Financial Crimes Sweeps Condos/HOAs Into Its Net
The Corporate Transparency Act is likely going to catch many condo and HOA boards off guard. That's according to Elizabeth White, counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm's national community association industry team...
Click here for more:
https://www.hoaleader.com/members/Law-Starve-Terrorists-Funding-Other-Financial-Crimes-Sweeps-Condos-HOAs-Into-Its-Net.cfm
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SPECIAL REPORT DOWNLOAD
HOA Debt Collection from A to Z: How to Create and Implement a Debt Collection System at Your HOA
In this report, our editorial team and experts on HOA law, management, and collections from across the country provide information you can begin implementing immediately to collect money due to your association more quickly and easily.
Download the report here:
https://www.hoaleader.com/public/HOA-Debt-Collection-Special-Report.cfm
Not a member yet? Start your free trial membership and download your copy today:
http://www.hoaleader.com/details.cfm
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