HOAleader.com - Tip of the Week - November 4, 2011
Published: Thu, 11/03/11
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How Strong Are Your HOA Owners' Privacy Rights?
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In this week's tip, we help you determine whether to strip
search your residents.
OK, maybe that's too strong. But we do offer tips on how
intrusive you can be when it comes to "searching" owners.
A HOAleader.com reader reports that his HOA is requiring
that owners allow coolers to be searched for glass when
they enter the pool because of the "no glass container" rule.
His response? It's an invasion of my privacy! Is our reader
right?
The first rule when you're determining how far you can go
in "searching" owners is that you have more leeway than a
government entity would have in the same situation.
"Generally speaking, you give up a lot of constitutional
rights when you purchase a home or unit in these communities,"
says Elizabeth White, a shareholder and head of the
community associations practice at the law firm of
LeClairRyan in Williamsburg, Va. "Usually, boards aren't
looking at constitutional rights unless they're affecting
a protected class, like a ace- or religion-based class."
The fundamental issue when boards act is reasonableness.
"By statute, HOAs are entitled to adopt reasonable rules
and regulations that pertain to the use of common areas
and recreational facilities," says Andrew Lewis of Eisinger,
Brown, Lewis, Frankel & Chaiet PA in Hollywood, Fla., who
specializes in representing community associations.
"Boards also have to look at their governing documents to
see what authority they have with adopting rules and
regulations for common areas," adds White. "Owners have an
expectation of privacy in their purse and beach bag. So you
have to balance those factors when you're adopting rules.
Are the rules reasonable, and are you balancing whatever
your need is against the level of intrusion into owners'
personal belongings?"
How does that translate to searching coolers? And what about
other situations in which you might want to nose into owners'
private lives? Learn more in our new article:
http://www.hoaleader.com/members/644.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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4 Arguments to Combat Short-Term Owners' Resistance to Long-Term
HOA Planning
It's an all-too-common problem at HOAs: Owners who don't plan to
stick around for more than a few years will resist or oppose
repairs, improvements, and reserve funding that benefits later
owners. What's the best argument for showing short-termers that
they're harming their own financial interest?
Click here to read full article:
< http://www.hoaleader.com/members/643.cfm >
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What Accommodations are HOAs Making for Disabled Owners?
Your HOA must make a reasonable accommodation for disabled
homeowners when requested. "Associations and their common areas
and facilities need to, at a minimum, comply with local and
federal law, including the Americans with Disabilities Act," says
Ben Solomon, an attorney and founder of the Association Law Group
in Miami Beach, Fla., who advises more than 500 associations and
represents developers through his second law firm, Solomon &
Furshman LLP. "Most associations we represent have buildings with
ramps and all kinds of other accommodations for disabled owners."
Click here to read full article:
< http://www.hoaleader.com/members/642.cfm >
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What's "Encroachment" When it Comes to HOA Common Areas?
A HOAleader.com reader reports that another board member has
planted a garden that "encroaches" 15 feet into the association's
common areas. His governing documents state that the limited
common area extends three feet around the perimeter of each home,
and home owners are allowed to plant within that area. It also
says owners can plant in the common area at their own expense
with permission.
Click here to read full article:
< http://www.hoaleader.com/members/641.cfm >
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Trick Question: Who's a HOA Renter?
Some questions that seem so simple are actually riddles wrapped
in enigmas, as the cliché goes. In this week's tip, we unravel
the definition of a renter when your governing documents
prevent rentals but one of your owners has his uncle's brother's
son's stepsister living with him.
Click here to read full article:
< http://www.hoaleader.com/public/640.cfm >
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Who's a HOA Renter? Discussion Forum Follow-Up
A HOAleader.com reader asks: "We are trying to understand the
possible classifications of residents in our Wisconsin condo
community, specifically 'what qualifies as a renter?' I've heard
there are owners and renters. Under what classification does a
family member, living in a unit that is owned by another family
member, fall?
Click here to read full article:
< http://www.hoaleader.com/members/639.cfm >
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