HOAleader.com - Tip of the Week - June 19, 2009
Published: Fri, 06/19/09
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Don't Waive Your Right To Enforce Your HOA's Rules
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This week's tip comes from our latest special report:
50 HOA Management Tips:
Tips and Best Practices for Homeowners Association Boards
http://www.hoaleader.com/members/271.cfm
Members (and trial members) can download the report for free now.
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If you have rules, use them or lose them. "Waiver" is a basic
idea in contract law. It means that if you regularly let contract
violations pass without complaint, you can't later try to enforce
those provisions.
This holds true for association rules, says Joel Hilgendorf, an
associate at Hellmuth & Johnson PLLC in Eden Prairie, Minn.
Though many association declarations contain a non-waiver clause
stating that non-enforcement of the association's governing
documents isn't a waiver of the right to enforce the governing
documents at any time in the future, courts can consider those
clauses void.
For example, in Pollard v. Southdale Gardens of Edina, the
Minnesota Court of Appeals held that an association's failure to
continually enforce its rule may have modified the association's
rules, and the non-waiver clause--by itself--wasn't sufficient
to alter that outcome.
If you've failed to enforce existing rules, Joel recommends that
your association re-adopt a new rule rather than attempting to
enforce an old, possibly waived, rule.
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Master Homeowners Associations: Is Your HOA Its Own Master?
Imagine your surprise. You buy a home in a community knowing
full well that you'll become a member of your local homeowners
association only to learn that your homeowners association is
really a subassociation and you're bound to follow the rules
of a bigger "master" association. Here's a primer on master
associations and how masters and subassociations, often called
"subs," interact.
Click here to read full article:
< http://www.hoaleader.com/public/300.cfm >
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HOA Policies: Do You Have Today's Must-have Policies?
Attorneys who specialize in representing associations say there
are some policies your association can't go without. Here are
just a few.
Click here to read full article:
< http://www.hoaleader.com/members/299.cfm >
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Creating Successful Payment Plans for Delinquent Owners: Step One
If you're willing to work with delinquent homeowners, make sure
you create a plan that protects your HOA and that homeowners are
likely to follow.
Click here to read full article:
< http://www.hoaleader.com/members/298.cfm >
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HOA Finances: Payment Plan Dos and Don'ts
Sometimes it pays to be nice, and that can be especially true
when you've got delinquent owners. Not all people behind in
their assessments are lazy deadbeats. Often, setting up a
repayment plan is the best solution for your condo or homeowners
association and the indebted homeowners.
Click here to read full article:
< http://www.hoaleader.com/members/297.cfm >
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Sample HOA Collection Policy
Here's an example of wording in an HOA collection policy. Before
adopting similar language, be sure to run it by your attorney to
ensure it complies with your state law and your governing
documents.
Click here to read full article:
< http://www.hoaleader.com/members/296.cfm >
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