HOAleader.com - Tip of the Week - October 14, 2011
Published: Thu, 10/13/11
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What If a Fellow HOA Board Member or Candidate Seems Shady?
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This week's tip is a must if you've got a sneaking suspicion
that a candidate for your board isn't what she seems. Or maybe
your HOA is considering adopting rules governing who can and
can't be on the board.
In some states, statutes restrict certain people from becoming
HOA board members.
Here's one example. "Under Florida law for both condos and HOAs,
if you're more than 90 days delinquent on any fee, fine, or
other monetary obligation, you're deemed to have abandoned your
board post," 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.
"Also under HOA law in Florida," adds Solomon, "there's one
that's interesting in regard to turnover. Let's say there's
a developer, and a builder bought 50 parcels to build a
subsection of the project. The developer is turning over the
association, and that 50-unit builder, who has 50 votes,
may run for only one seat. He's excluded under Florida law
from taking a majority of the board."
HOAs can create additional rules governing who can serve on
their board. "If people in a particular association are
concerned," says Steven Daniels, coordinating partner of
Arnstein & Lehr's West Palm Beach, Fla., office, who has
advised hundreds of HOAs, "so long as they're not
discriminating on the basis of race, color, creed, religion,
or another protected class, they can create their own
restrictions."
Solomon agrees. "As long as your regulations are applied
uniformly, aren't a violation of the law, and are expressly
authorized--such as barring convicted felons--you can set
criteria," says Solomon. "And that does occur."
Examples? "Many associations require that you be a resident
for so many months or years," says Daniels. "Some have
requirements that you can't have more than one family member
on the board. They don't want a husband and wife dominating
a community."
OK, so it's easy for the board to double-check whether a
candidate is overdue on fees to the association. What about
the harder-to-suss-out restrictions like bans on convicted
felons? When should your HOA investigate candidates and
board members? Find out in our new article:
http://www.hoaleader.com/members/635.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Is Your HOA's Developer Shirking His Responsibilities?
In this week's tip, we give you a head start on holding your
developer to his obligations.
Click here to read full article:
< http://www.hoaleader.com/public/634.cfm >
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The Pros and Cons of HOA Self-Insurance
Some HOAs are so large and their insurance premiums so hefty that
they toy with the idea of self-insurance. Here, we explain what
self-insurance is and discuss the risks.
Click here to read full article:
< http://www.hoaleader.com/members/632.cfm >
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Signs, Signs, Everywhere Are Signs. Can You Ban Them?
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.
Click here to read full article:
< http://www.hoaleader.com/public/630.cfm >
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3 Ways to Save Money on HOA Purchases
Are there ways you can save on products your HOA purchases? Here
are three ideas from a board member and our experts.
Click here to read full article:
< http://www.hoaleader.com/members/631.cfm >
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Getting Your Delinquent HOA Developer to Pay Up
A HOAleader.com reader reports that his HOA is still under
developer control, yet the developer isn't paying for repairs,
maintenance, or services like water, electric, lawn care, and
snow removal. Nor is the developer allowing access to financial
information.
Click here to read full article:
< http://www.hoaleader.com/members/633.cfm >
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