HOAleader.com - Tip of the Week - April 13, 2013
Published: Sat, 04/13/13
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HOA Yard Sales: Community Builders or Killers?
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In this week's tip, we tackle the tough question of whether yard
sales are good or bad for HOAs.
Generally, most of our experts agree there are pros and cons to
yard sales depending on owners' expectations.
"Are yard sales good for HOAs?" asks Steven Parker, president of
RMI Management in Las Vegas, which manages hundreds of community
associations. "That depends on the HOA and the type of community.
In gated communities with multimillion dollar homes, most owners
won't want yard sales. On the other hand, we represent a
community in the middle price range, and every year it has an
annual garage sale. Everybody who likes garage sales thinks it's
the best thing in the world because on just one street, you can
hit 10 sales."
Because each community is different, our experts encourage boards
to consider rules governing yard sales, if that's possible. "In
Nevada, an HOA really couldn't put restrictions on yard sales
unless its bylaws specifically stated that no yard sales were
permitted," says Parker. "What can happen and is usually
beneficial is that if owners are permitted to have yard sales,
boards make the date for them community wide, saying, 'On this
date, owners may have yard sales.'"
That's one of several rules Nathaniel Abbate Jr., a partner at
Makower Abbate & Associates PLLC in Farmington Hills, Mich., who
represents associations, agrees is wise for boards to put in
place. "Extra traffic and the possibility of criminals casing the
property may well be drawbacks to yard sales," he says. "But the
association needs to consider the wisdom of setting aside one or
two weekends a year in which such sales will be permitted. In
some parts of the country, yard sales are a part of the fabric
of a community, and they foster some positive benefits, which
include creating a sense of community as well as providing an
opportunity to showcase a neighborhood.
However, if your HOA permits yards sales, you should consider
placing restrictions on them. And you should find out why one of
our experts absolutely, positively advises clients against
permitting yard sales. Learn more in our new article:
http://www.hoaleader.com/members/837.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Pros and Cons of Banning Yard Sales in Your Homeowners Association
An HOAleader.com reader asks, "Are yard sales a good idea for a HOA? The board
is concerned with the extra traffic it involves, plus the possibility of
criminals casing our properties." Here our experts discuss whether their
clients have rules governing yard sales--and whether they should. You might be
surprised at their disagreement.
Click here to read full article:
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The HOA's ARC: Not to Be Confused with a Building Inspector
In this week's tip, we tackle the question of the responsibility of the
architectural review committee for enforcing local zoning and building
laws. In short, it's not their job.
Click here to read full article:
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Does Your HOA's ARC Have to Enforce Local Laws? Discussion Forum Follow-up
An HOAleader.com reader asks, "Our [architectural review committee] has
taken the stance that it is not their responsibility to enforce county laws.
Our CC&Rs state,'In addition to the restrictions established by law, the
following restrictions are hereby imposed upon the use of lots, common
areas, and other parcels within the properties.'
Click here to read full article:
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Did That Board Member Really Say That? And Who Leaked It?
In this week's tip, we reveal the lessons of "catgate," which prompted the
resignation of an Arizona HOA board member after he proposed the
association shoot a fellow owner for feeding feral cats.
Click here to read full article:
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Watch Your Lip: When a Board Member's Mouth Gets in the Way
A board member in an Arizona HOA resigned after proposing the association
shoot a fellow owner for feeding feral cats, according to AZfamily.com.
It's an extreme example, but here our experts discuss the types of comments
board members should be wary of making even when they think they're engaged
in private conversations.
Click here to read full article:
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