HOAleader.com - Tip of the Week - June 14, 2013
Published: Fri, 06/14/13
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An HOA by Any Other Name: Would It Smell As Sweet?
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In this week's tip, we play the name game. There are
several situations that should prompt you to at least
consider changing your HOA's name:
* You don't have the legal right to the name anymore.
"In some situations, the developer has trademarked
the association's name and has decided not to transfer
the name at transition," explains Elizabeth White,
a shareholder and head of the community associations
practice at the law firm of LeClairRyan in Williamsburg,
Va. "They have an interest in that name and a right to
license it, and generally, when they transition, they
assign that right to the HOA. But that's not always
the case. That poses an interesting situation for HOAs.
What rights might the HOA have had through the common-
law use of that mark?"
* Your HOA has been stigmatized.
The most obvious example is the Retreat at Twin Lakes, the
Sanford, Fla., subdivision where Trayvon Martin was killed by
neighborhood watch volunteer George Zimmerman. But other
events can stigmatize a community.
"I can envision a condo conversion wanting a name
change," explains Brad van Rooyen, a partner at Home
Encounter, a Tampa, Fla., company that manages 15
community associations totaling about 3,000 owners,
had? "Let's say at one point in the boom, it was bought
by investors but fell into delinquency. So other
investors were turned off by it. Now that things have
changed in the market, there are still buyers who feel
like it's still a tainted community. Whether it's
because there's been a lot of crime or because of a bad
majority investor and things were run down, that's
caused the community to have a stigma. That would be a
good candidate for changing the name."
* Your HOA is confused with another entity.
"Maybe your HOA has a name similar to that of another community,
and you want to differentiate yourself," suggests White. "Maybe
you're always getting phone calls for disclosure packages for
that other community, so you realize there may be a problem."
* Your name is icky.
"Maybe it's just a nasty name," says White. "I once represented
a community that didn't have a good name to begin with. I won't
say what it was, but it rhymed with something negative, and
real estate salespeople referred to them as that rhymed word.
HOA residents weren't happy with that and would always
complain. That was more of an image issue."
Find out more about how and when to change your HOA's
name in our new article:
http://www.hoaleader.com/members/859.cfm
Best regards,
Matt Humphrey
President
P.S. This Tuesday, June 18, don't miss our exclusive webinar on
Condo and HOA Collections! Members save $30, and it's a
great way to get your board's questions answered on this
critical topic. Learn more or register here:
http://www.hoaleader.com/snip/152.htm
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Recent articles posted at HOAleader.com:
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What Law Governs This HOA? Discussion Forum Follow-up
Here our experts answer several general questions that may help readers
nationwide: Does the presence or lack of common areas affect whether your
state's statute governs your HOA? Is it possible there's no statute that
governs your HOA?
Click here to read full article:
http://www.hoaleader.com/members/What-Law-Governs-This-HOA.cfm
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Are You Stunting Energy Efficiency at Your HOA?
In this week's tip, we discuss whether HOAs should be more receptive to
owners' plans to boost energy efficiency in their homes.
Click here to read full article:
http://www.hoaleader.com/public/Are-You-Stunting-Energy-Efficiency-at-Your-HOA.cfm
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What Should Be Your HOA's Role in Owners' Energy Conservation?
An HOAleader.com reader, Geoff Steele, says home owners can improve their
energy conservation. Why is that an HOA issue? Governing documents may
restrict or prohibit the installation of energy efficient systems for
aesthetic reasons. Here we discuss trends in how HOAs are dealing with these
issues.
Click here to read full article:
http://www.hoaleader.com/members/What-Should-Be-Your-HOAs-Role-in-Owners-Energy-Conservation.cfm
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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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