HOAleader.com - Tip of the Week - August 22, 2014
Published: Fri, 08/22/14
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Florida Courts: Homeowner Association Authority to Enter Units Has Limits
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In this week's tip, we discuss two Florida cases that serve as reminders to
boards that their access to owners' units is still broad, but it's not
unlimited.
In Small v. Devon Condo Association, a homeowner who'd recently been
diagnosed with a breathing disorder denied her condo association access to
conduct pest control services in her unit. She contended her doctor advised
against being near chemical pesticides. She notified the condo that she
didn't want pest control to be conducted in her unit, and the association
stopped spraying from 2005-2009. The owner says she used an alternative
form of pest control during that time.
In 2009, the association insisted it needed access to her unit for pest
control, but the owner refused. The owner didn't show up for
association-initiated arbitration and instead sued in court to stop the
association from entering.
The association argued that Florida's statutes and its governing
documents granted it an irrevocable legal right to enter all units for
necessary maintenance. On the basis of pretrial arguments, the trial court
ordered the owner to permit the association to enter her unit for preventive
purposes to apply chemical-free pesticide of the owner's choosing or
purchase. In the alternative, it permitted the owner to apply her own
pesticide and provide proof of that to the association.
The owner continued to deny access, which was followed by much more
wrangling. In the end, the case landed before a Florida appellate court. The
appellate court, relying on a 2010 case, noted that a condo's action must be
within its authority and reasonable-and the statute requires access to be
necessary. In this case, the appellate court held, the trial court
shouldn't have decided in the condo's favor only on pretrial motions. It
should have conducted a full trial to determine whether access for pest
control was reasonable and necessary. The case is now back before the trial
court.
The 2010 case the Small court relied on was even more interesting. Get
details, along with the lessons of both cases, in our new article:
http://www.hoaleader.com/members/1051.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Boards: Where Does Your Association's Right to Enter Owners' Units End?
Two Florida cases are reminders to HOA boards that their access to owners'
units is broad, but it's not unlimited. In one case, the board wasn't
permitted automatic access to do monthly pest control treatment. In
another, which the more recent opinion relied on, the court found a condo
association didn't have an automatic right to enter an owner's unit to
perform balcony repairs. Here we explain the cases and discuss the limits to
your right of entry in various states.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Boards-Where-Does-Your-Associations-Right-Enter-Owners-Units-End.cfm
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Three Reasons Not to Use a Personal Email Account for HOA Business
It's OK to shoot off a quick email to your fellow board members from your
personal email account, right? Sure, there's no law against it. But it may
not be a best practice.
Here our experts offer three reasons not to use your personal email account
for your volunteer HOA work.
Click here to read full article:
http://www.hoaleader.com/members/Three-Reasons-Not-Use-Personal-Email-Account-for-HOA-Business.cfm
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Is a Home-Based Day Care Center a Banned Home-Based Business? Maybe?
Do you know whether your state permits your HOA to ban home-based day care
centers? In this week's tip, we discuss that very question.
In many areas, zoning rules prohibit businesses from operating out of
residential homes. But in California, that's not the case with child-care
centers. Despite what governing documents or local laws on home businesses
may be, the state's health and safety code protects home-based child-care
centers from being banned or restricted in single-family homes.
Click here to read full article:
http://www.hoaleader.com/members/HomeBased-Day-Care-Center-Banned-HomeBased-Business-Maybe.cfm
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Five Tips for Hiring an Onsite HOA Custodian
An HOAleader.com reader asks, "Our HOA has an on-site custodian who is an
employee of the association. Presently the custodian lives in the
association one-bedroom apartment with electricity and water included,
plus a monthly check in the amount of $350.
Click here to read full article:
http://www.hoaleader.com/members/Five-Tips-for-Hiring-Onsite-HOA-Custodian.cfm
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What to Do When a Day Care Pops up in Your HOA
In many areas, zoning rules prohibit businesses from operating out of
residential homes. But in California, that's not the case with child-care
centers. Is that true in other states, too? And what does that mean in
practice for HOAs? Here are the ABCs.
Click here to read full article:
http://www.hoaleader.com/members/What-Do-When-Day-Care-Pops-up-in-Your-HOA.cfm
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