HOAleader.com - Tip of the Week - March 13, 2015
Published: Fri, 03/13/15
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Time to “Charge” into the Brave New World of Electric Cars at Your HOA?
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In this week’s tip, we put you in the driver’s seat when it comes to questions about electric car charging stations.
Electric cars aren’t taking over the country—yet. But there’s certainly growing interest in them.
“This has been something I’ve been following because I’ve always been a fan,” says Elizabeth White, a shareholder and head of the community associations practice at the law firm of LeClairRyan in Williamsburg, Va. “While it’s been an interest of mine, I haven’t had any issues with electric cars in HOAs or in condos. I could even see offering electric car charging stations being a great enhancer in communities, particularly with communities that attract conservation-minded folks, which is going to be more and more common, I think.
However, at the opposite end of the country, issues with electric cars are beginning to rev up. “We actually have a statute on point," says James R. McCormick Jr., a partner at Peters & Freedman LLP in Encinitas, Calif., who represents associations. "Civil code section 4745 says associations can’t prohibit or unreasonably restrict the installation of electric vehicle charging stations in deeded or exclusive-use parking spaces.”
In fact, the law was recently amended to require associations to be more friendly to electric car charging stations. “There was a provision added not too long ago,” explains McCormick. “If the association is going to give any owner the exclusive use of any common area, they typically have to obtain approval of 67 percent of owners, with exceptions. But to install a charging station—let’s say the owner has to trench through the common area during the installation—the association could give the owner an easement without
having to go to the owners.”
McCormick says owners must still obtain approval from their association to have an electric-car charging station installed, and they must follow the community’s architectural standards. They must also pay for the
electricity they’re using.
Sounds like everything’s on cruise control? Not so fast! Read about the speed bumps in our new article:
http://www.hoaleader.com/members/1147.cfm
Best regards,
Matt Humphrey
President
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Special Report Download:
50 Tips for HOA and Condo Boards:
Homeowners Association Management Best Practices
How many of these are you doing? How many are you NOT doing?
What difference would they make to your community?
Find out today:
http://www.hoaleader.com/public/50-Tips-for-HOA-and-Condo-Boards-Volume-2.cfm
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Recent articles posted at HOAleader.com:
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Electric Cars: New Questions Emerge at HOAs
Our experts are seeing HOAs face more and more questions about electric cars. Here we discuss some basics about handling the "charged" issue.
Click here to read full article:
http://www.hoaleader.com/members/Electric-Cars-New-Questions-Emerge-at-HOAs.cfm
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Does an HOA's One-Vote-Per-Unit Rule Apply to Married Board Members?
An HOAleader.com reader asks, "My husband and I own a townhouse in a development of 56 units. Our board was down to one [person], and we are now both on the board trying to get it together. We now have five members consisting of two couples and one single board member. The question has come up since we only have one vote for one unit, can we each have one vote as a board member, or do we together only get one vote as we vote on board issues?"
Click here to read full article:
http://www.hoaleader.com/members/Does-HOAs-OneVotePerUnit-Rule-Apply-Married-Board-Members.cfm
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Collect More, and Collect It More Easily:Best Practices for Condo/HOA Debt Collection
Tired of seeing delinquent accounts on the financial statements of your condo or HOA? Frustrated because subpar finances mean long-planned projects are on hold indefinitely? Less than thrilled about continually explaining the situation to the homeowners in your association? Stop letting nonpaying owners control your condo or homeowners association! Get on-demand access to our in-depth webinar led by two HOA debt-collection experts. (Recorded on March 11, 2015.)
Click here to read full article:
http://www.hoaleader.com/snip/188.htm
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This HOA Board May Not Be Asking the Right Questions About a Rule Change
In this week's tip, we offer an HOAleader.com reader guidance on whether changing governing documents and grandfathering some owners' situations creates different "classes" of owners. Our experts say that may not be the most pressing question for our reader.
Click here to read full article:
http://www.hoaleader.com/public/This-HOA-Board-May-Not-Be-Asking-Right-Questions-About-Rule-Change.cfm
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Potential HOA Rule Change on RVs May be Harder Than Reader Realizes
An HOAleader.com reader asks, "Our CCRs have allowed RVs to be parked in driveways or side yards since 2002. Prior to that, they were silent on the issue. We're seeing more and larger RVs as well as boats, jet skis, etc., and the woodsy, natural look of the neighborhood is being compromised.
"We'd like to ban all new RVs in the neighborhood or allow parking only on side yards. It's our understanding we can grandfather the existing vehicles, but not the existing owners. That is, an existing owner could keep their current RV parked on the driveway, but if they wanted to buy a new RV, they would have to park it on the side yard or off site.
"The problem is many lots don't have adequate side yards, so they would have to park their replacement RV offsite. Can we grandfather an owner's right to park any RV until they move or would that introduce a separate class of members? Can someone please explain member classes?"
Here we address the challenges raised by the reader's potential changes.
Click here to read full article:
http://www.hoaleader.com/members/Potential-HOA-Rule-Change-on-RVs-May-be-Harder-Than-Reader-Realizes.cfm
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