HOAleader.com - Tip of the Week - July 25, 2014
Published: Fri, 07/25/14
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Tensions in Mixed-Use Communities: Careful How You Fight Back
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In this week's tip, we offer tips to help your residential owners live
happily ever after with your commercial owners.
Frustrated with noise, traffic, or odors coming from another occupant in
your association's mixed-use facility? Think twice about waging war
before checking whether you actually have the right to do so.
That's the lesson of a dispute currently brewing in Sarasota, Fla.,
according to the city's Herald-Tribune. In the brouhaha, a bar owner,
Ambrish Piare of the Ivory Lounge, has had enough. He's sued the Plaza at Five
Points Condo Association, whose units sit atop his bar, contending its
efforts to have his business shut down have involved filing false
complaints about noise and allegedly adult-themed events.
According to the Herald-Tribune, in January, the association urged the
city to revoke the bar's business permit because it alleged the bar was
operating as an "adult business" by hosting "drag queen" pillow fighting
and gelatin wrestling events. The association's complaint with the city
also asserted the bar's customers weren't "mature or educated," as
indicated in the business description in its use permit. The city dismissed
the complaint. Condo owners have also reportedly pressured the property's
owner to terminate the bar's lease.
The lawsuit seeks to make the condo association responsible for monetary
damages for its alleged actions or to be banned from bringing similarly
unfounded complaints.
The case isn't so different from a 2010 situation in Houston, where the owner
of Hans' Bier Haus fought a condo association, several residents, and its
management. In that dispute, condo residents sprayed water and threw ice
blocks and raw meat onto the open-air beer garden's bar and patrons. The bar
owner won a lawsuit against the condo association, according to the
Herald-Tribune.
The growth of mixed-use developments is undoubtedly prompting a growth in
tensions between residents and businesses. "That's exactly what I'm
seeing," says Robert Galvin, a partner at Davis, Malm & D'Agostine PC in
Boston who specializes in representing condos and co-ops. "We have a lot of
mixed-use condos. They're very popular, and I really think they're going to
continue to be. But there's always this tension between commercial condos,
particularly restaurants, and the residential owners. Even in a really
well run restaurant, you have lots of problems. You have vermin. You have
odors. I've seen some pretty bitter litigation."
You can avoid unnecessary disputes. Find out how in our new article:
http://www.hoaleader.com/members/1040.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Four Must-Knows When Collecting HOA Fees from Military Servicemembers
The federal Servicemembers' Civil Relief Act offers active-duty
servicemembers some protections in debt collection and foreclosure
actions. Here's what you should know before pursuing debt collection or
foreclosure activities against an owner who's also serving in the
military.
Click here to read full article:
http://www.hoaleader.com/members/Collecting-HOA-Fees-from-Military-Servicemembers.cfm
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Update: Has Florida Law Changed for When Nobody Runs for Office?
In a September 2012 HOAleader.com article, we discussed state laws and
offered tips for proceeding when nobody runs for the board. One of our
Florida experts noted that under Florida laws governing HOAs, the problem
solves itself because board members serve until their replacement is
selected.
Click here to read full article:
http://www.hoaleader.com/members/Update-Has-Florida-Law-Changed-for-When-Nobody-Runs-for-Office.cfm
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Four Tips for Peacefully Co-Existing with Your HOA's Mixed-Use Neighbors
The growth of mixed-use condo facilities that include condos, retail, and
entertainment venues has triggered nasty disputes, and condo owners and
associations have been accused of making false complaints and harassment
in their attempts to get businesses shut down.
Here our experts reveal whether they've seen an increase in disputes in
mixed-use communities and offer four tips for ensuring that residents can
peacefully co-exist with businesses.
Click here to read full article:
http://www.hoaleader.com/members/Four-Tips-for-Peacefully-Co-Existing-with-Your-HOAs-Mixed-Use-Neighbors.cfm
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HOA Developer: My Free Speech Rights Trump Your Construction Defect
Lawsuit!
A California court has held that HOA developers sued for breach of fiduciary
duty, fraud, and negligence after the HOA's riding and hiking trails washed
out can't use the state's anti-SLAPP laws--which protect expressions of
free speech--as a defense to wipe out the claims.
Here we explain the case and what other boards need to know about anti-SLAPP
laws.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Developer-My-Free-Speech-Rights-Trump-Your-Construction-Defect-Lawsuit.cfm
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HOA Board Member: Do You Have Any Individual Authority?
In this week's tip, we mull over a theoretical--yet very practical--debate
in the community association industry.
Here's the background. At a recent California community association
forum, a friendly professional disagreement arose over a manager's
contention that individual board members can't act on anything because
individually they have no standing to act. He insists individual board
members can act only when they comprise a board, which requires a quorum. A
lawyer who represents associations and owners pushed back, arguing that's
not reasonable.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Board-Member-Do-You-Have-Any-Individual-Authority.cfm
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Easier Enforcement of Your HOA's Rules:
Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle
between your homeowner association board and your homeowners. With some
smart planning, you can make enforcing your HOA's rules fairer, quicker,
easier, and less stressful.
Join us for an in-depth webinar on July 31 -- THIS THURSDAY! -- led by two
community association experts. You'll get practical ideas, systems, and processes
you and your condo or HOA board can begin to take advantage of the minute the
webinar ends.
Click here to read full article:
http://www.hoaleader.com/products/Rules-Enforcement-Webinar-a.cfm
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