HOAleader.com - Tip of the Week - March 21, 2014
Published: Sat, 03/22/14
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Home Owners to HOA Board: We Want This Service, But Not That. OK?
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In this week's tip, we answer a reader's question about whether
owners can simply decline HOA services it provides to reduce its
liability and that of its owners.
Don't want your sidewalk salted? Um, maybe that's OK. And how far
does this go? Can owners opt out of swimming in the pool during
pool hours when a lifeguard is present? Can owners decide not to
agree to parking lot repaving or sidewalk repair because they're
not bothered by the problems?
Our experts generally don't like the idea of allowing homeowners
to pick and choose the HOA services they'll agree to.
"Generally, the answer is no, owners can't do this," says Robert
Galvin, a partner at Davis, Malm & D'Agostine PC in Boston who
specializes in representing condos and co-ops. "This is one of the
disadvantages of living in a condo or an HOA. If the association
is doing something you don't like, you usually don't have a
choice."
Another expert agrees. "No, owners simply can't do this," contends
Bill Worrall, vice president of Hollywood, Fla.-based FirstService
Residential, which manages 1,300 condominium and homeowner
associations totaling 310,000 residential units. "There's a very
simple answer. It's the association's right and duty to maintain
the common areas, and it needs to do that. If unit owners don't
want their sidewalk fixed, to have salt spread on their sidewalk,
or to have the curb painted in front of their house, they can't
expect the association to honor that request.
"The board must maintain all common areas in accordance with the
documents and the budget," adds Worrall. "Unit owners don't have
the right to ask the HOA to maintain everything except their
unit. It could become an insurance issue. If the HOA didn't salt
in front of the owner's unit and somebody slipped and fell, the
insurer could easily deny that claim."
What to say when faced with recalcitrant owners? Get tips, along
with insights on why having them sign a waiver may not solve
your problem, in our new article:
http://www.hoaleader.com/members/981.cfm
Best regards,
Matt Humphrey
President
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Brand-New Special Report!
50 Tips for HOA and Condo Boards, Volume 2:
Homeowners Association Management Best Practices
http://www.hoaleader.com/public/960.cfm
Members (and trial members) can download the report for free now.
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Recent articles posted at HOAleader.com:
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"No Salt for Me!" When Owners Can Opt Out of HOA Services
An HOAleader.com reader asks, "We're a 70-unit HOA in Pennsylvania. Some of
the homeowners have requested to opt out of having their driveway and steps
leading to their front door having sodium chloride spread on them. The board
is concerned we may be opening ourselves or other homeowners to legal
problems if we agree not to treat these properties. Is there any language we
can send to homeowners requesting they sign to absolve the HOA?"
Click here to read full article:
http://www.hoaleader.com/members/No-Salt-for-Me-When-Owners-Can-Opt-Out-of-HOA-Services.cfm
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Fussing with Your HOA Election Can Risk Your Board's Integrity; Discussion
Forum Follow Up
An HOAleader.com reader asks, "I live in a 600-unit condominium in Dallas.
Three of our five board positions are open for election, which is scheduled
to close Jan. 30, 2014. A notice to submit nominations was posted in our
weekly newsletter; only three people submitted their nomination for the
three positions prior to the deadline. The current board is unhappy that we
only have three nominees, so the board has cancelled the election eight days
prior the election deadline, reopened the nomination for an additional
week, and rescheduled the election two weeks later, February 15. Although a
majority of owners have already voted, the board has voided the original
ballots and has said everyone must vote again."
Click here to read full article:
http://www.hoaleader.com/members/Fussing-with-Your-HOA-Election-Can-Risk-Your-Boards-Integrity.cfm
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Anger and Apathy at Your HOA: Best Practices to Beat These Bedeviling Issues
Are angry and disruptive owners increasingly taking their toll on you, your
fellow community association board members, and your community? Are you
frustrated by the apathy among your fellow homeowners that's also all too
common? Take a deep breath and start turning those stress-inducing
challenges into worries of the past!
Join us for an in-depth webinar on April 17 led by two professionals
experienced in successfully managing anger and apathy challenges among
HOA owners--a California lawyer and a Florida community manager who've
each represented community associations for more than a decade.
Click here to read full article:
http://www.hoaleader.com/snip/159.htm
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Accommodation Requests Under the Fair Housing Act: Best Practices to Avoid
Discrimination Claims & Lawsuits
Is your HOA or condo board seeing more and more requests for exceptions to
your pet rules? What about requests for specific parking spots or
deviations from your architectural rules? Afraid saying no to any request
will trigger a costly and stressful discrimination complaint against your
HOA? Take charge of the process for handling requests for accommodations!
Get on-demand access to this in-depth webinar led by two experts in HOAs,
condominiums, and fair housing challenges. (Recorded on March 18, 2014.)
Click here to read full article:
http://www.hoaleader.com/snip/157.htm
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Operating a Business Out of an HOA Unit: When It Turns Into a Problem
You already know it's wise to implement Smart Rules for Home-Based Businesses.
But even then, you'll run into gray areas because some businesses are more
quiet and less intrusive than others
Click here to read full article:
http://www.hoaleader.com/members/Operating-a-Business-Out-of-an-HOA-Unit-When-It-Turns-Into-a-Problem.cfm
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