HOAleader.com - Tip of the Week - February 21, 2014
Published: Fri, 02/21/14
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HOA Board to Owners: We've Changed Our Minds. Tough Luck!
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In this week's tip, we answer a reader's question about whether a board can
just reverse a prior decision. In our reader's situation, the board has
previously paid to replace owners' leaking sliding glass doors. Now the
board is planning to change direction and seek reimbursement from owners.
First, the most important rule for the HOA in this situation is to first do
what its governing documents require it to do.
"In my opinion, it's not up for the board to decide when and where they're
going to replace the doors in this situation," says Brad van Rooyen, a
partner at Home Encounter, a Tampa, Fla., company that manages 15 community
associations totaling about 3,000 owners. "Typically, a declaration
clearly outlines the association's responsibility.
"It'll also dictate how and when the language within it is amended," adds van
Rooyen. "If it says when the association is responsible for exterior
maintenance, it may say it's responsible for windows but not the glass, that
it may cover exterior paint but not for entry doors. So if the board wants to
amend that language to include or exclude certain maintenance or repairs,
generally that'll require an amendment, which will require a quorum of
owners at a meeting and the required percentage of votes to approve it.
What if you've just been interpreting the language incorrectly or even
ignoring it? Maybe your documents say the HOA pays for replacement, but your
HOA is small and would never be able to afford the cost for all owners, so some
owners have made the repair on their own dime.
"If the governing documents say the association is to replace those doors
and it hasn't been replacing them," explains Erin McManis, a senior
associate at Mulcahy Law Firm PC in Phoenix, who advises many associations,
"I'd encourage the association to amend its documents. If it's already a
common practice among certain owners to pay for this themselves, the board
probably won't be faced with much resistance to amend."
And then there are times when the governing documents are unclear. What's
the best move in that situation? Find out how in our new article:
http://www.hoaleader.com/members/955.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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When and How Can Your HOA Reverse Course? Discussion Forum Follow Up
An HOAleader.com reader asks, "Presently I'm serving as a vice president on
a HOA board serving 22 units. This board has been in existence for 30 years
with various amendments to specifics of responsibility for repair or
replacement of exterior items only. Most recently, our board president
made a statement relative to the possibility of rescinding a decision made
eight years ago to replace an owner's sliding glass door due to a serious
leaking problem."
Click here to read full article:
http://www.hoaleader.com/members/When-and-How-Can-Your-HOA-Reverse-Course-Discussion-Forum-Follow-Up.cfm
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The Pros, Cons, and Enforcement of HOA Dress Codes;
Discussion Forum Follow Up
An HOAleader.com reader asks, "We have a golf course, restaurant, and
bistro. Our golf course and restaurant have a dress code, but our members
aren't complying and the staff doesn't approach violators [to say] they're
not being served because they're in violation of the dress code. What can we
do?"
Click here to read full article:
http://www.hoaleader.com/members/The-Pros-Cons-and-Enforcement-of-HOA-Dress-Codes-Discussion-Forum-Follow-Up.cfm
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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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Are You Going Too Far in Searching for HOA Violations?
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.
Click here to read full article:
http://www.hoaleader.com/members/Are-You-Going-Too-Far-in-Searching-for-HOA-Violations.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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