HOAleader.com - Tip of the Week - June 26, 2009
Published: Fri, 06/26/09
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Does Your HOA Have Unwritten "House Rules"?
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We recently talked to two experts about the problems condos and
homeowners associations run into when they rely on unwritten
"house rules". If your HOA is in this position, this week's tip
is specially for you.
The bottom line is that unwritten rules are unenforceable. As
long as no one challenges the rule, you can happily go along
for a long time thinking everything is OK. But sooner or later,
someone will stand up and declare that the emperor has no clothes.
"I represented an association that had a house rule in which
the board president's assessments were waived," says Donna
DiMaggio Berger, managing partner at Katzman Garfinkel Rosenbaum
in Ft. Lauderdale, Fla., who advises associations.
"It was just ignorance and probably some owners saying in the
past, 'This is a lousy job, so we're going to waive assessments
for whoever's going to serve as president.' But that doesn't
make it right."
When a unit owner complained and demanded the unpaid assessments
be paid back, Donna learned the unwritten policy had been in
place for 20 years. "Getting back those funds was a mess," she
says.
To read more about unwritten rules--including what to do if
your HOA is in this boat--see our new article:
http://www.hoaleader.com/members/302.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Rules: Don't Let Your HOA Board Get Caught in the Trap of
Relying on Unwritten "House Rules"
It's common for HOA boards to try to enforce "house rules" that
are unwritten but have supposedly been followed since the
beginning of time. Two experts explain why doing so is likely to
come back to haunt you--and how to fix the situation if this has
been a common practice at your condo or homeowners association.
Click here to read full article:
< http://www.hoaleader.com/members/302.cfm >
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Don't Waive Your Right To Enforce Your HOA's Rules
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.
Click here to read full article:
< http://www.hoaleader.com/public/301.cfm >
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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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