HOAleader.com - Tip of the Week - March 9, 2012
Published: Thu, 03/08/12
=================================================================
HOA Parking Scofflaws: Can You Boot Their Cars?
=================================================================
This week's tip will help you determine whether to use
the nuclear option--booting cars--instead of towing when
you're faced with people who are ignoring your parking
restrictions.
Whether you can do that depends on which state you're
in. Each state's law will be different, and it's smart
to ask your lawyer or property manager to investigate
your state's law and the pros and cons before you
consider booting.
For instance, in November 2011, Nevada's attorney
general determined that it's illegal for nongovernmental
entities--such as HOAs--to boot cars for any reason.
Is that also true in California? James R. McCormick Jr.,
a partner at Peters & Freedman LLP in Encinitas, Calif.,
who represents associations, hasn't done recent research
on whether California law permits associations to boot
owners' cars, but that's because he doesn't recommend
HOAs boot cars.
"We used to have language in many governing documents
that indicated that booting was OK," says McCormick.
"But a lot of owners started questioning it, so we
started taking it out because it was creating too
much of a problem. I'd imagine that 'booting' language
is probably still in documents from years past, but
it's not something we rely on anymore. Instead,
there's a specific section of the California vehicle
code that permits towing if the association follows
the procedures in the code. Because of that authority,
we don't rely on booting."
Find out McCormick's response if a California board
asked him today about whether it could boot owners'
cars, along with information on another state's laws
and a caveat about booting for general HOA violations
(not just parking violations), in our new article,
http://www.hoaleader.com/snip/129.htm
Best regards,
Matt Humphrey
President
=================================================================
Recent articles posted at HOAleader.com:
================================================================
HOA Landlords: Are You Following These Best Practices?
In this week's tip, we offer three of six best practices
you should be implementing if you're now not only managing
your HOA but you're also managing rental units your HOA has
required through foreclosure.
Click here to read full article:
http://www.hoaleader.com/snip/130.htm
================================================================
Six Best Practices for HOA Landlords
You've decided that it's no longer smart to wait for a bank
to foreclose on delinquent owners' units. Instead, your HOA
has stepped up to begin foreclosing and taking possession of
those units. Now what? Here we offer six best practices for
HOAs when it comes to their landlord duties.
Click here to read full article:
http://www.hoaleader.com/snip/131.htm
================================================================
How--and When--to Respond to Angry Letters from HOA Owners
In this week's tip, we offer help with your correspondence.
By that, we mean we provide guidance on when to respond to
owners' letters, and when your board should hold fire.
Click here to read full article:
http://www.hoaleader.com/snip/132.htm
================================================================
HOA Communications: Dos and Don'ts for Responding to Owners'
Letters to the Board
Surely, you get letters from owners. The question is how
your should HOA Board of Directors respond. Do all letters
require a response? If not, which do, and which don't? And
who should respond? Your board president, the property
manager, or another person? Finally, what should and
shouldn't you include in responses to owners' letters? Here
we offer dos and don'ts.
Click here to read full article:
http://www.hoaleader.com/snip/133.htm
================================================================
It's HOA Annual Meeting Time: Should You Invite Guest
Speakers?
Will inviting an outsider to speak at your homeowner
association's annual meeting compel more owners to attend?
If so, whom should you invite, and when should the speaker
take the floor? Here, we provide tips.
Click here to read full article:
http://www.hoaleader.com/snip/134.htm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
http://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to
others.
Copyright 2012, Plain-English Media, LLC
(866) 641-4548
http://www.hoaleader.com