HOAleader.com - Tip of the Week - February 14, 2014
Published: Fri, 02/14/14
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Are You Going Too Far in Searching for HOA Violations?
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In this week's tip, we weigh whether the board at the Highland Park North
Neighborhood in Pflugerville, Texas, went too far when it reportedly used
Google Earth to "search" its owners' yards for violations of its HOA rules.
When Gavin Henry bought his home in Pflugerville, he liked that there was a
shed on the property, reports KXAN.com. Three years later, he received a
notice from his HOA that the shed was a violation of the governing documents.
They ordered him to remove it or bring it up to code, or they'd place a lien on
his property.
One of Henry's first thoughts? Since the shed wasn't visible to the public,
and he hadn't permitted an inspection, how did the HOA know of the shed?
That's when they admitted they were looking into backyards via Google Earth
to identify violations. Henry considers that a violation of privacy.
Contacted by KXAN, the management company noted the board that performed
the search has since been changed. It also stated that the current board has
offered to grandfather in the shed if Henry follows the architectural
review process.
Our experts have a number of concerns about this board's activity. "I'd say
it's generally not a good idea to go out looking for violations whether
you're using high tech or low tech," says Matthew A. Drewes, a partner at
Thomsen & Nybeck PA in Minneapolis, who represents associations
throughout Minnesota. "I don't generally regard that to be the role of the
board or the architectural review committee, to turn themselves into more
of a police force. I can see the possibility of using unusual measures to get a
bird's eye view if you have reason to believe there are violations already.
Investigating a report or a known issue may be different. But if you're out
there looking for violations, I have concerns the board is going beyond
enforcing their governing documents and becoming more of a police entity
patrolling for violations-you could even say trolling for violations."
Find out our experts' other concerns-and learn how managers find
technology helpful-in our new article:
http://www.hoaleader.com/members/951.cfm
Best regards,
Matt Humphrey
President
P.S. Have you registered for our March 18 webinar on accommodation requests
under the Fair Housing Act? When you attend you'll learn the latest trends
in fair housing issues for HOAs, key components of reasonable
accommodation policies and procedures, and much more. Register or learn more
here: http://www.hoaleader.com/snip/154.htm
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Recent articles posted at HOAleader.com:
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Can Your HOA Pay Staff Bonuses? Plan Now for Next Year's Challenge
An HOAleader.com reader asks, "In the past, the previous board had always
approved end-of-the-year performance bonuses for staff recommended by
the onsite property manager. It started out as just a reward for the major
water replacement project but became a long-time standing practice, and
nobody ever challenged why for several years. The association homeowners
weren't aware of this expense, and chances are they wouldn't approve if they
did know.
Click here to read full article:
http://www.hoaleader.com/members/Can-Your-HOA-Pay-Staff-Bonuses-Plan-Now-for-Next-Years-Challenge.cfm
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Can You Employ High Tech to Spot HOA Violations?
The board at the Highland Park North Neighborhood in Pflugerville, Texas,
has admitted to using Google Earth to "search" its owners' yards for
violations of its HOA rules, according to local news outlet KXAN. Is this a
good or bad idea? Our experts aren't crazy about the idea, but not for the
reasons you may think.
Click here to read full article:
http://www.hoaleader.com/members/Can-You-Employ-High-Tech-to-Spot-HOA-Violations.cfm
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Barnyard Animals Beginning to Rule Your HOA Roost? Bah!
In this week's tip, we go whole hog on the issue of whether to ban barnyard
animals in your HOA.
Click here to read full article:
http://www.hoaleader.com/members/Barnyard-Animals-Beginning-to-Rule-Your-HOA-Roost-Bah.cfm
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Is There a Mooooo-vement Toward Barnyard Animals in Your HOA?
Jose Canseco's recent tweet about his HOA's complaint against him for
excessive goat noises is funny--and a sign of what may be a growing problem at
HOAs. As more home owners turn to raising their own chickens and other
animals that used to be exclusively farm animals, you may need to be on the
ready. Here we discuss the growing trend and ideas to address it without
relying only on your animal instincts.
Click here to read full article:
http://www.hoaleader.com/members/Is-There-a-Mooooovement-Toward-Barnyard-Animals-in-Your-HOA.cfm
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One HOA's Feral Cat Dilemma; Discussion Forum Follow Up
An HOAleader.com reader asks, "In our community we've had some problems
with feral cats. The board over a number of years provided some funding to
operate a trap, neuter, and release program. There are some very strong
feelings on both sides of the issue. Anyone else been through a similar
situation and found a successful solution?"
Click here to read full article:
http://www.hoaleader.com/members/One-HOAs-Feral-Cat-Dilemma-Discussion-Forum-Follow-Up.cfm
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