HOAleader.com - Tip of the Week - September 12, 2008
Published: Fri, 09/12/08
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HOA Rule Violations: What To Do When Everything Isn't "Fine"
Is your association constantly assessing fines against members
for rules violations?
Are you considering implementing even more fines because the
rules keep getting broken?
Do you have trouble collecting the fines you assess?
To get tips on best practices for setting HOA fines, we recently
spoke with Justin D. Park an attorney at Romero Park & Wiggins
in Bellevue, Wash., who advises homeowners associations.
Justin told us the story of an HOA who wanted to assess a fee of
$500 for walking a pet without a leash. "In general, a fine
should be reasonable and have some bearing or rational basis
to the expense the association could incur," Justin said. "The
best example is a fee for the late payment of dues. Some states
say late fees aren't allowed to be penalties, but only the
passing on of expenses. So if an association has to delay paying
a bill because it doesn't have the funds, it could incur some
expense. There doesn't have to be a perfect relationship, but
generally courts want to see that the fee and the expense are in
the same ballpark."
In the case of the $500 off-leash fee, Justin had to inform the
board that it probably wouldn't be enforceable.
Is it time to rethink or recalibrate the fines your HOA assesses?
Read our article with the rest of Park's advice and find out.
http://www.hoaleader.com/members/161.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Fines: Are Your Homeowner Association's Rule Violation
Policies "Fine"?
Is your association constantly assessing fines against members
for rules violations? Are you considering implementing even more
fines because the rules keep getting broken? Are you even able to
collect fines you're already assessing? If you answered yes to
any of those questions, ask yourself the following questions to
determine whether your fines are valid and doing what you intend
for them to do.
Click here to read full article:
< http://www.hoaleader.com/members/161.cfm >
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What's Your Personal Mission as an HOA Leader?
Last week's Tip of the Week built off of some comments by Sen.
Obama. To prove my political balance, this week, I'm taking
inspiration from Sen. McCain and Gov. Palin. In their speeches at
the Republican National Convention, both spoke of the theme of
service. This week's tip is to remember
Click here to read full article:
< http://www.hoaleader.com/public/162.cfm >
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HOA Communications: What to Say--and What Not to Say--In Your
Homeowner Association Newsletter
Whether it's online or on old-fashioned paper, a newsletter is a
good way to keep your owners informed of issues in your
association and to build a sense of community. But you can't just
print anything you want in an association newsletter. Here's a
list of what you should and shouldn't include.
Click here to read full article:
< http://www.hoaleader.com/public/160.cfm >
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HOA Governance: 4 Tips to Get Top Service from Your Management
Company
The better the relationship between a homeowners association and
its management company, the happier everybody will be. Easier
said than done, you say? Here are tips for making those words
ring true at your HOA.
Click here to read full article:
< http://www.hoaleader.com/members/159.cfm >
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Was Sen. Obama Talking about HOA Meetings?
If you watched Barrack Obama's acceptance speech yesterday, you
heard his comments to the effect that politicians need to learn
to disagree and challenge each other's ideas without resorting
to attacks on a person's character. As an HOA leader, you
probably deal with this all the time. Here are a few tips for
better disagreements.
Click here to read full article:
< http://www.hoaleader.com/public/158.cfm >
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