HOAleader.com - Tip of the Week - September 30, 2011
Published: Sun, 09/25/11
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Signs, Signs, Everywhere Are Signs. Can Your HOA Ban Them?
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Tired of seeing owners' flyers on every elevator in your
building or blowing around the grounds like tumbleweed?
In this week's tip, we discuss whether you can and should
restrict owners from posting flyers.
Many home owners mistakenly believe the U.S. Constitution's
First Amendment gives them the right to post anything anywhere.
"It's remarkable for a former journalist like myself and as
someone who loves the first amendment," says Nathaniel
Abbate Jr., a partner at Makower Abbate & Associates PLLC
in Farmington Hills, Mich., who represents associations.
"But I tell HOA owners that you can give up your rights--and
you do--when you accept a deed to the property. The fact that
you want to make a political declaration or post a 'for-sale'
sign doesn't mean you have that right. In fact, most condo
associations we represent make it clear you can't have any
signs whatsoever. The only display of a political nature
permitted is an American flag not to exceed 3 x 5 feet
because that's what the case law supports."
How can you create reasonable rules that allow owners' some
rights but don't make your HOA look like a college residence
hall? Here's your first guideline:
1. Be reasonable. "The board has the right to set reasonable
rules and regulations," says Matthew Zifrony, who advises
homeowners and condo associations at Tripp Scott, a Ft.
Lauderdale law firm, and who's also served as the president
of a 3,000-home association. "The exception is if your
governing documents specifically allow notices. If they say
the HOA must allow any resident to post a notice in the
clubhouse bulletin board, the board wouldn't have the
ability to restrict those notices. Absent that, it falls
back in the general area where the board has the right to
establish rules governing common areas."
To read all 5 Guidelines for Smart HOA Rules on Posting Notices,
see our new article: http://www.hoaleader.com/members/629.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Would You Hire this Man?
Spotting Conflicts of Interest at Your HOA
In this week's tip, we offer a refresher on dealing with HOA
conflicts of interest. If you're like most board members, you
know you should avoid conflicts of interest. How would you have
reacted in this real-life situation.
Click here to read full article:
< http://www.hoaleader.com/public/623.cfm >
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Don't Ignore the Lessons of Telford v. Sagewood Homeowners
Association
This week's tip offers a reminder that being on an HOA board
imposes on you a fiduciary duty to make tough decisions and not
favor your friends. If you breach those duties, your HOA could
pay dearly.
Click here to read full article:
< http://www.hoaleader.com/public/621.cfm >
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Your HOA Battle Is Over. How Can You Heal the Scars?
Your HOA has just been through the wringer on a hot issue, and
the "losing" board members and owners are still steaming. In this
week's tip, we offer suggestions for easing the tension and
beginning to work toward peace in your HOA.
Click here to read full article:
< http://www.hoaleader.com/public/619.cfm >
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HOA Rules? We Don't Need Notice to Revise Our Stinking Rules!
Considering revising your HOA's rules? In this week's tip, we
discuss when you need to consult with owners and when you can go
forward without notice.
Click here to read full article:
< http://www.hoaleader.com/public/617.cfm >
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How to Revise Your HOA's Rules
So what do you and your homeowners association board of directors
need to know about revising rules? When do you need to consult
with owners, and when can you just go forward without notice? And
even if your state law or governing documents don't require you
to provide notice, do you need to consider the message you're
sending when you revise rule after rule--some controversial--
without a chance for owners to provide feedback? Here's a smart
process for HOA rule revisions.
Click here to read full article:
< http://www.hoaleader.com/members/616.cfm >
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