HOAleader.com - Tip of the Week - May 23, 2014
Published: Fri, 05/23/14
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Reality TV Calls: What's Your HOA's Answer?
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Quick question: What's the name of the HOA where Vicki Gunvalson of the Real
Housewives of Orange County lives?
It's Cota de Casa.
Which brings us to this week's tip. There's a growing trend of reality TV
shows looking to film in HOAs, with the premise of their shows being that
living in an HOA is a pain in the behind. If that happens at your HOA, our
experts say there are issues you should consider.
First, do owners even have to notify you if they're toying with the idea? "If I
were an owner, it may not be legally required, but I'd recommend they seek
approval from the board," advises 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. "If owners contract for it and a
violation is raised, those owners are in a bind."
But can you even object? "It depends," says Bob Diamond, a partner at the law
firm Reed Smith in Falls Church, Va., who helped write the Washington, D.C.,
condo act in 1976 and worked on the Uniform Condo Act, which 24 states have
adopted. "What are they filming? Are they filming in units? Or in common
areas? If it's private property, the owners can decide to do what they want.
But if it's in common areas, you can absolutely say, 'We won't let you do
that.' You can also say you'll allow it. The board has the power to govern the
common elements."
Other questions to consider include:
* Do any provisions of your governing documents prohibit the activity?
"Look for any restrictions that may creep up or be applicable," advises
Solomon. "Among others, most communities' documents state that homes
can't be used for commercial businesses. There may be a few exceptions for
people who are quiet and nobody's the wiser, but you're not really supposed
to run a business out of your home. Even then, I'm not sure this is a business.
But whether owners are making some money or not, it could be argued they're
doing a commercial activity.
Our experts raise many more red flags. Read about them in our new
article: http://www.hoaleader.com/members/1011.cfm
Best regards,
Matt Humphrey
President
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Upcoming Event
An Exclusive HOAleader.com Webinar for Condo and HOA Boards
Litigation and Your HOA:
How to Avoid It, When to Pursue It, and How to Manage It Wisely
Thursday, May 29, 2014 -- This Thursday!
2-3 p.m. Eastern
Learn More or Register Now:
http://www.hoaleader.com/products/Litigation-and-Your-HOA-Webinar-a.cfm
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Recent articles posted at HOAleader.com:
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The 'Real' Issues in Allowing Reality TV to Film in Your HOA
Several reality TV production companies are pitching shows in HOAs, with
the premise that living in an HOA is a pain in the behind. Could your HOA become
the next Coto de Caza, the HOA made famous because Vicki Gunvalson of the Real
Housewives of Orange County lives there?
Click here to read full article:
http://www.hoaleader.com/members/Real-Issues-in-Allowing-Reality-TV-Film-in-Your-HOA.cfm
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When HOA Residents Act Like Police Officers, Should the Board Step In?
An HOAleader.com reader asks, "Our residents and guests are being harassed
by a tag team match of residents when an infraction occurs, i.e., [we have] a
no-alcohol sign, but they check paper cups for alcohol. The pool is for
everyone's enjoyment, and many of the residents feel they are being watched
while at the pool. Any suggestions on how our board can handle this
situation? How do other community pools operate?"
Click here to read full article:
http://www.hoaleader.com/members/When-HOA-Residents-Act-Like-Police-Officers-Should-Board-Step-In.cfm
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What to Include in Your HOA Reserve Fund Investment Policy
You're the steward of the homeowner association's reserve funds, which
means you must act wisely in investing them. Here our experts offer two
contrasting views that will provide background to help you create reserve
fund investment policy that will guide not only current board members but
also provide continuity and direction for future boards.
Click here to read full article:
http://www.hoaleader.com/members/What-Include-in-Your-HOA-Reserve-Fund-Investment-Policy.cfm
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What Nonprofit Status Means for Your HOA; Are You Tax Exempt?
An HOAleader.com reader asks, "Our HOA is seeking nonprofit status but
understood that once we obtain that, we'll no longer be able to do
improvements on a resident's property. Is that true and if so, does that
include a force mow or edge? Or is that considered maintenance? If we are no
longer able to force mow or edge, what does it take for us to be able to levy
fines for property violations? Where can we get guidance on the process and
the limits?"
Click here to read full article:
http://www.hoaleader.com/members/What-Nonprofit-Status-Means-for-Your-HOA-Are-You-Tax-Exempt.cfm
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Litigation and Your HOA:
How to Avoid It, When to Pursue It, and How to Manage It Wisely
Join us for an in-depth webinar on May 29 led by two community association
lawyers with extensive experience in advising associations on
successfully managing litigation. You'll get easy-to-understand
suggestions you can begin implementing immediately to wisely and
cost-effectively manage litigation at your association.
Click here to read full article:
http://www.hoaleader.com/snip/162.htm
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