HOAleader.com - Tip of the Week - May 11, 2012
Published: Tue, 05/08/12
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Hoarders: It's Reality at Some HOAs
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In this week's tip, we explain that hoarding isn't just
a can't-look-away TV issue. It's a real danger in
associations because of the increased risk of fire in
multi-family buildings like condos.
"The hoarding concern is a new issue in terms of
public awareness, and the consideration of what that means
in a condo building hasn't been undertaken by a lot of
boards," says Matthew A. Drewes, a partner at Thomsen
& Nybeck PA in Edina, Minn., who represents associations.
"When you're talking to someone and asking to, in their
mind, snoop around and evaluate how they live, it's a
really touchy circumstance. But it's definitely worth
thinking about."
It's also a difficult issue because it may implicate
mental health issues. "Very often, you're dealing with
someone with a mental illness, which means boards have
the whole issue of accommodation of a disability, where
you have to tread carefully," says Elizabeth White,
a shareholder and head of the community associations
practice at the law firm of LeClairRyan in Williamsburg,
Va. "As Americans are aging in place, associations could
encounter more problems because of mental health issues
like early or late-onset of dementia.
"Our managers have handled these things pretty
sensitively because they've had their eyes open,"
adds White. "But the question is how do you insert
yourself into that situation and not create liability
for the HOA? And how do you do that very delicately
and discretely? Social services can help, and I've
even had some managers become sleuths and track down
long-lost daughters or sons to help with the situation."
To address the problem of hoarding, you must have the
power to do that, which can be tricky. To find out if
your governing documents have provisions that allow you
to wedge your foot in owners' doors, along with several
suggestions for reducing the risks of hoarding in your
association, read our new article:
http://www.hoaleader.com/public/715.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Trayvon Martin Tragedy Hits Close to Home for HOAs
In this week's tip, we offer lessons for HOAs from the very sad
death of Trayvon Martin.
Click here to read full article:
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What Should HOAs Learn from the Trayvon Martin Tragedy?
What does the tragic death of Trayvon Martin have to do with
HOAs? The Feb. 26, 2012, fatal shooting of the teenager by an
informal neighborhood watch leader, George Zimmerman, occurred
on the grounds of The Retreat at Twin Lakes Association, a
Sandford, Fla., homeowners association where Martin was visiting
and Zimmerman lived.
Martin's death has triggered soul-searching throughout the
country. It should also prompt reevaluation among HOA boards if,
as many news outlets have reported, Martin's parents are
contemplating a lawsuit against the HOA because it allegedly
endorsed Zimmerman's crimewatch activities.
Why is that a problem? What should HOAs do when it comes to
crimewatch programs? Here are some answers.
Click here to read full article:
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Discussion Forum Follow-Up: Seriously, Can You Buy Lotto
Tickets for Owners?
An HOAleader.com reader writes: "The HOA's social committee
hosted a party. Eight lottery tickets were bought with social
committee funds and placed on each table as a favor. Is this
opening the door for possible litigation (either from homeowners
not involved or possible winners of a lottery prize)? This issue
has caused disagreement among members."
Click here to read full article:
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How to Prevent Squatters from Invading Your HOA
Whether they're activists trying to make a point about
foreclosures or homelessness or just people looking for a free
place to say, HOAs have been forced to face down squatters in
their empty properties.
Click here to read full article:
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Do Commercial Condos Follow Residential Condo Laws?
This week's tip answers an HOAleader.com reader's intriguing
question: "Virtually everything covered on HOAleader.com relates
to residential dwellings or homeowners. Does all this
information apply equally to an office condo association where
the owners are running their own small businesses or does this
situation involve different principles?"
Click here to read full article:
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