HOAleader.com - Tip of the Week - September 26, 2014
Published: Fri, 09/26/14
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California HOA Bill Tackles Challenge Common in Many States
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In this week's tip, we discuss a bill pending before the California
legislature governing who's responsible to repair and replace
exclusive-use common elements. We also explain why the issue is important
not just in California but in states throughout the country.
At issue is AB 968, a bill that supporters say would clarify ambiguous
governing documents. The bill covers exclusive-use common elements,
which in some areas are called limited common elements. Those are things
like decks, piping, and landscaping, which can be dangerous and expensive
to replace. That means they're ripe for expensive legal battles, safety
concerns, and confusion.
Generally under current California law, homeowners are responsible for
maintaining such areas. However under the bill, which is backed by ECHO, an
industry group of managers and lawyers, unless California CC&Rs say
otherwise, the association would be responsible for repairing and
replacing them. ECHO contends these elements can be dangerous and
expensive to replace, which exposes associations to major liability.
It's not just in California that laws and governing documents create
confusion on this front. "It's almost universal that there's some
ambiguity there," contends Hal Barrow, founder of Barrowlaw, a suburban
Philadelphia law firm that has represented hundreds of associations.
"It's often based on governing document language that sprang up in the 1970s
and has been parroted since. It often leaves so many gaps that there are
arguments between owners and associations on how to handle these LCEs. It
would be helpful for Pennsylvania to pass legislation identifying who does
the work and who pays for it.
"The way things currently work in Pennsylvania is that associations are
theoretically responsible for doing the work on LCEs," adds Barrow. "But
the cost is to be assessed against the owner. It's one area where owners and
associations are like conjoined twins because it's hard to distinguish and
separate their responsibilities. And I don't know that legislation will
ultimately resolve this because you can look at a definition and think it
makes perfect sense. But when you're the person responsible [for paying],
you may think differently."
Find out how the issue plays out in other states-and get insights on whether
you can resolve it without changing your state's law-in our new article:
http://www.hoaleader.com/members/1072.cfm
Best regards,
Matt Humphrey
President
P.S. When you visit the site, you may notice that our font sizes have
changed. No, your eyes aren't playing games with you! This is part
of our on-going effort to make the site more readable and user
friendly. Let me know what you think.
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Recent articles posted at HOAleader.com:
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California Bill Would Clarify Who Pays for Upkeep of an HOA's Limited Common
Elements
Pending before the California legislature is AB 968, a bill supporters say
would clarify ambiguous governing documents when it comes to who's
responsible for the repair and replacement of exclusive-use common areas.
Here we explain the bill and discuss how common this problem is in California
and other states.
Click here to read full article:
http://www.hoaleader.com/members/California-Bill-Would-Clarify-Who-Pays-for-Upkeep-HOAs-Limited-Common-Elements.cfm
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Get Cooking: Is Your HOA Kitchen a Gold Mine or a Land Mine?
An HOAleader.com reader writes, "The HOA I am doing some research for in
Florida has a pretty extensive kitchen that's used entirely by the
membership and for the membership. I was interested in any feedback that
discussion group members could provide me on any HOA's that have the same
arrangement… Also, whether or not your HOA has a kitchen for the members and
by the members, without any professional and paid help, what advice can you
give us regarding the following: Your thoughts on providing food services
to the public; thoughts on steps that should be taken to provide food
services to the public; any experience you may have on the potential revenue
benefits of expanding the kitchen (I'm really speaking of lunch or dinner
services) to the public. Do you feel that some professional help would be
necessary if services were expanding to invite the public?"
Click here to read full article:
http://www.hoaleader.com/members/Get-Cooking-Your-HOA-Kitchen-Gold-Mine-or-Land-Mine.cfm
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HOA to Owners: We Hereby Ban Gaudy and Distasteful Holiday Decorations
Here's a challenge: Who decides what's tasteful and what's tacky when it
comes to holiday decorations?
That's essentially the issue raised by this question from an HOAleader.com
reader: "We have approximately 100 units in our condo community. A few
owners have consistently erected gaudy, distasteful Christmas
decorations, often before Thanksgiving and leaving them up until after
January 5. While it's difficult and tricky to dictate what's 'tasteful,'
they are an eyesore, especially since these are ground-level condos
connected townhome style.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Owners-We-Hereby-Ban-Gaudy-Distasteful-Holiday-Decorations.cfm
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HOA Holiday Decorations: The Limits to Your Ability to Regulate
Here's a challenge: Who decides what's tasteful and what's tacky when it
comes to holiday decorations? After an HOAleader.com reader asked how to
ban "gaudy, distasteful Christmas decorations" that are an "eyesore," we
begin unpacking that very question in this week's tip.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Holiday-Decorations-Limits-Your-Ability-Regulate.cfm
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HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute
Successful Elections at Your Homeowner Association
Stop us if you've heard this one before: You announce an HOA election
providing proper notice, yet only a handful of owners show up to vote. You end
up short of your quorum requirements, and you have to start all over again
with your fingers crossed that next time, your luck will be better, and your
election will be successful. Or instead, you hold your election, get
definitive results--you think--but then the election gets challenged.
We can help you do better! Join us for an in-depth webinar on October 9 led by
two community association lawyers who've devoted their extensive--and
impressive--careers to solving the challenges HOAs face every day. You'll
log out of the webinar with valuable, workable tactics you can implement
immediately to make your election process smoother, more successful, and
less contentious.
Click here to read full article:
http://www.hoaleader.com/snip/173.htm
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