HOAleader.com - Tip of the Week - August 2, 2013
Published: Fri, 08/02/13
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Tips to Avoid Getting Too Personal with Owners
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In this week's tip, we answer a reader's question
about whether the board asked for TMI, as the kids
say (translation: too much information), from owners.
An HOAleader.com reader asks, "Is there a legal
problem in a board requesting a homeowner to fill
out a form showing legal owner, names of occupants,
emergency contacts, special needs, vehicles and
pets? I have been told this is an invasion of
privacy by a couple of homeowners."
Our experts agree that for the most part, those
requests for information are acceptable, with one
minor exception and one big exception.
"Generally, all of that is really reasonable to ask,"
asserts Alessandra Stivelman, an associate attorney
who specializes in community association law at
Eisinger Brown Lewis Frankel & Chaiet in Hollywood,
Fla. "It's one thing when an association is asking
for this type of information to screen an occupant
or a tenant. But this is info the association has
a right to know, especially in the event of an
emergency, like when a pet gets loose or if there's
a vehicle parked in front of a fire hydrant illegally.
When you decide to live in a condo or HOA, you give
up certain rights and become part of a community."
That said, there are nuances and, as we said, two
exceptions. Here's the skinny:
Legal owner--
"The management company has to know who the legal owner
is," contends Andrew Schlegel, CCAM(r),executive vice
president of community management for Orange County
and Los Angeles at Merit Property Management in Aliso
Viejo, Calif. "That goes without saying--you have to
know that. If it's a self-managed community, whoever's
doing their accounting also better have access to a
title search system so they know who the legal owner is."
Nancy T. Polomis, a partner at Hellmuth & Johnson
PLLC who advises homeowners associations, agrees.
"The association clearly has a right to know the
legal owner because that's who's responsible for
paying."
Names of occupants--
This request raises minor flags for our experts.
Find out why, along with the other question that had
alarm bells ringing in our experts' ears, in our new article,
Did This HOA Board Ask Too Many Invasive Questions?
http://www.hoaleader.com/members/875.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Residency Requirements for Your HOA Board of Directors, Pros and Cons
In some states, it's possible for homeowners associations to restrict
board eligibility to residents of the community, thereby prohibiting
nonresident owners from serving. Here we discuss the practical pros and
cons.
Click here to read full article:
http://www.hoaleader.com/members/Residency-Requirements-for-Your-HOA-Board-of-Directors-Pros-and-Cons.cfm
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Legal Update: Trends in State HOA Laws
Some state capitals are humming with condo/HOA legislative activity.
Others are silent as church mice. Even if your state legislature seems to
have been lying low, it's important to keep up on proposed and passed
legislation in other states because what happens in one state often spreads
to others. Here's a rundown of noteworthy legislative activity in several
states.
Click here to read full article:
http://www.hoaleader.com/members/Legal-Update-Trends-in-State-HOA-Laws.cfm
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HOA Boards: Investors Need Not Apply?
In this week's tip, we broach the touchy topic of restricting board
membership to association residents. Some states permit associations to
require board members to be community residents. Florida, however,
probably isn't one of those states, though it's not completely clear.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Boards-Investors-Need-Not-Apply.cfm
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Special v. Emergency Assessment: What's the Difference?
In this week's tip, we address a reader's sneaking suspicion that the HOA
board pulled a fast one. It first tried to pass a special assessment, which
failed. Then it imposed an "emergency" assessment on owners. Is that legit?
Click here to read full article:
http://www.hoaleader.com/public/Special-v-Emergency-Assessment-Whats-the-Difference.cfm
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Emergency Assessments: Are They for Real?
An HOAleader.com reader has complained that the home owners association
board tried to pass a special assessment, failed, and then imposed an
"emergency" assessment on owners. So what's an "emergency" assessment and
when can you impose one?
Click here to read full article:
http://www.hoaleader.com/members/Emergency-Assessments-Are-They-for-Real.cfm
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