HOAleader.com - Tip of the Week - June 21, 2013
Published: Fri, 06/21/13
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How to Handle HOA Common Area Hogs
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In this week's tip, we discuss the best tactics
for reining in owners who seem to have taken over
your common areas.
In many associations, this isn't a major issue.
"This sometimes happens," says Ben Solomon, an
attorney and founder of the Association Law Group
in Miami Beach, Fla., who for more than a decade
has advised more than 500 associations and also
represents developers through his second law firm,
Solomon & Furshman LLP. "Generally, common areas
aren't for anyone's exclusive use, though there are
often exceptions for things like reserving for a
party or having a special event. That's fine if it's
authorized by the documents and there are procedures
for that.
"A lot of people take advantage of common area more
than others, and that's their prerogative," adds
Solomon. "That may be viewed as hogging them, but
the person not using the common areas has the same
opportunity to use them. It's like a public library.
Some people may never use it. Others use it daily."
In other associations, owners aren't just complaining
about other owners' "hogging" of common areas.
They're suing.
"We've had complaints, but we've also seen lawsuits
along that line, too," says Elizabeth White, a
shareholder and head of the community associations
practice at the law firm of LeClairRyan in Williamsburg,
Va."We have here in Virginia a lawsuit that addressed
the making exclusive or primary use of a common area
by individual owners or even nonowners. A lot of
governing documents give the association the right to
license people to use the common facilities, and we
have Virginia Supreme Court cases providing the magic
language you have to have in your governing documents
to even allow that.
"Recently, I've personally sat recently through hours
of meetings regarding the time a bridge club was taking
over this association's common area," adds White.
"There was only one closet in that facility, and the
bridge club had appropriated it to store its things. It
was also using the facility more than 50 hours a month
with no payment of a fee. This issue is definitely
something that has to be looked at and relooked at
over time."
Get details on heading off, or resolving, this
problem in our new article:
http://www.hoaleader.com/members/864.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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An HOA by Any Other Name: Would It Smell As Sweet?
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.
Click here to read full article:
http://www.hoaleader.com/public/An-HOA-by-Any-Other-Name-Would-It-Smell-As-Sweet.cfm
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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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