HOAleader.com - Tip of the Week - May 31, 2013
Published: Fri, 05/31/13
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Are You Stunting Energy Efficiency at Your HOA?
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In this week's tip, we discuss whether HOAs should be
more receptive to owners' plans to boost energy
efficiency in their homes.
This is a topic near and dear to Lisa A. Magill's heart.
"This issue speaks to me personally as I'm a big advocate
for associations to facilitate energy efficiency, waste
reduction, and water conservation improvements," says
the shareholder and association attorney at Becker &
Poliakoff PA in Fort Lauderdale, Fla. She's a fan for
several reasons:
1. Higher-efficiency housing stock will carry lower
operating costs.
"Lower operating costs can translate into higher values and
provide additional resources for community or individual
improvements," says Magill. "Higher values may also result
from the panache of high-performing housing."
Energy efficiency can also lower HOA operating costs.
"Since so many associations have issues with collections
and delinquency," adds Kevin Britt of The Law Office of
Kevin L. Britt, who specializes in representing
associations in Seattle, "to the extent they can save
money and reduce their budget, and they have the
available funds to make those upgrades, those are the
kinds of considerations they should be engaging in."
2. Associations may have fewer financial challenges.
"Anything the association can do to help its homeowners
reduce their expenses will result in homeowners who are
better able to pay for association expenses," says
Magill. "Increasing the energy efficiency of the homes
may thwart delinquencies."
3. Common projects create community pride and sense of
common interest.
"If the community has a program to facilitate solar hot
water or other energy producing or efficiency measures,
there's a common goal of improving the living conditions
for everyone."
Britt personally backs improved energy efficiency but
admits there's tension between HOAs and some of their
owners' efforts to improve energy efficiency. "I have
solar panels on my house, and while I don't understand
the aesthetic argument, there are some people who
really don't like the look of them," he says. "In
addition to aesthetics, some association boards may be
thinking solar panels aren't safe or that they damage
the roof when installed. There can also be a glare
issue. So there are a number of different considerations
at play. But for most associations, the primary one on
these issues is how it appears."
But governments are pushing HOAs to be more receptive.
Learn more in our new article:
http://www.hoaleader.com/members/856.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Elections: What To Do in a Tie Vote
In this week's tip, we untangle how to proceed when an election ends up in a
tie."We have a very specific election process for condominium and
cooperative associations in Florida," says Lisa A. Magill, a shareholder
and association attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla.
"We also have a governmental agency (the Division of Florida Condominiums,
Timeshares and Mobile Homes) that has the authority to govern over election
disputes for condos, co-ops, and HOAs."
Click here to read full article:
http://www.hoaleader.com/public/HOA-Elections-What-To-Do-in-a-Tie-Vote.cfm
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What Happens If Your HOA Election Ends In a Tie?
An HOAleader.com reader asks, "At our annual meeting we had a tie. We were
voting for three directors to fill the board vacancies, and two candidates
received the most votes, but there was a tie between two candidates for the
third seat. How is that settled?" Here we discuss the general issue of how to
handle a tie vote. We also address who has the authority to invalidate a
ballot.
Click here to read full article:
http://www.hoaleader.com/members/What-Happens-If-Your-HOA-Election-Ends-In-a-Tie.cfm
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Four Thoughts on Modifying Bylaws and Board Term Limits;
Discussion Forum Follow-up
An HOAleader.com reader asks, "Our bylaws state that we need to have
elections every two years. We have four seats on odd years and three seats on
even years at two-year terms. We have a very hard time getting anyone to run
for the board. I saw a comment in here regarding that issue of how so many HOAs
have that problem and how they are changing the term of office limits. My main
question is, Can we as a board amend or restate our bylaw pertaining to the
term of office without having to get a membership vote?
Click here to read full article:
http://www.hoaleader.com/members/Four-Thoughts-on-Modifying-Bylaws-and-Board-Term-Limits.cfm
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When You Can -- and Can't -- Extend Your HOA's Vote Deadline
An HOAleader.com reader asks, "Extending voting AFTER the deadline has
come and gone--that's what's happening here on an important CC&R amendment
the board wants to see pass. A week or more after the deadline, without
sufficient votes, they've extended the voting, and I want to know if this is
LEGAL. I'd also like to know if it violates fiduciary responsibility to all
homeowners, since I believe that it unfairly favors those in favor of such an
effort."
Click here to read full article:
http://www.hoaleader.com/members/When-You-Can-and-Cant-Extend-Your-HOAs-Vote-Deadline.cfm
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When Your HOA Has Employees, Get the Right Insurance
An HOAleader.com reader asks, "Our association employs several staff. Is
it common practice to purchase liability insurance to specifically defend
board members and protect association assets from and against the claims of
employees, since general liability and directors and officers coverage
excludes this?" Here's the skinny.
Click here to read full article:
http://www.hoaleader.com/members/When-Your-HOA-Has-Employees-Get-the-Right-Insurance.cfm
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