HOAleader.com - Tip of the Week - April 3, 2015
Published: Fri, 04/03/15
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7 Types of Stale, Out-of-Date HOA Rules You Should Freshen Up Now
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In this week’s tip, we give you a jump start on improving your rules. It’s a good idea to freshen them up every once in a while, and our experts say there are seven types you should review and consider overhauling today. Here are the first two:
1. Rules affecting families or children. “One would be rules that prohibit children from living in the community,” suggests Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who's represented associations for decades. “Rules and regulations in HOAs pre-1988 that
basically prohibited children from living in a community were considered acceptable and legal. But then the Fair Housing Act amendments took effect in 1989 and the Housing for Older Persons Act was passed in 1995. Those essentially say that to lawfully discriminate against families with children, you have to meet certain requirements. But there’s case law in Florida about communities that aren’t over-55 communities that still have those ancient documents. The case law essentially says that if you don’t do anything to remove that discriminatory language, even if you’re not taking steps to enforce it, just the fact that you have it can give rise to a lawsuit.”
2. Rules that don’t match your changing community. “I think it’s important for the board to have a good look at rules every five to seven years for big things—you’re always making small tweaks—that might indicate a shift in the demographics or the needs of the community,” says Debra A. Warren, CMCA, CCAM, PCAM, senior vice president at Dallas-based Associa®, a community association management company with offices throughout the United States, Canada, and Mexico.
“In a new development, the original rules were based on a vision,” explains Warren. “About five to seven years into the life cycle of the development, now there are people there, and they need to create their own vision. Good examples are really restrictive rules on landscaping maintenance. They’re also some of the really strict provisions like no parking in driveways or only parking cars in your garage. The new community might
decide, ‘Now that most people have three cars in their household, those rules aren’t as important to us.’”
Find out the five other types of rules to give a once-over in our new article:
http://www.hoaleader.com/members/1158.cfm
Best regards,
Matt Humphrey
President
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Upcoming Webinar -- THIS THURSDAY!
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How to Protect Yourself and Your HOA from the Neighborhood Sociopath
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, April 9, 2015
2-3 p.m. Eastern
Learn more or Register now:
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Recent articles posted at HOAleader.com:
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Is It Time to Rethink These 7 Types of HOA Rules?
Fighting too much with owners over your HOA's rules? Maybe the rules are out of date and or just don't fit with emerging trends and owners' wishes because your community has changed.
Here our experts offer their wisest counsel on seven types of rules they suggest you review and consider overhauling.
Click here to read full article:
http://www.hoaleader.com/members/It-Time-Rethink-These-7-Types-HOA-Rules.cfm
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What to Do When Your HOA's Owners or Employees are at Risk from Within
In this week's tip, we discuss the murky and scary topic of your duty when you suspect someone within your HOA is a danger to others.
It's rare, but violence happens at HOAs. The latest? On Oct. 3, 2014, Jeremy Holland, the property manager of The President of Palm Beach condominium association, was shot in the head allegedly by a former doorman who'd been fired the month before, according to the Palm Beach Daily News. Thankfully, Holland is recovering.
Click here to read full article:
http://www.hoaleader.com/members/What-Do-When-Your-HOAs-Owners-or-Employees-are-at-Risk-from-Within.cfm
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Can You Ask Your Developer to Beef Up Funding Pre-Transition?
An HOAleader.com reader asks, "Our HOA is still under developer's control using 'deficit funding' as a way to help support our HOA. We are presently about 70% complete and expect to [do] a 'take-over transfer' within the next 12 to 18 months. Since 2012, construction has increased the community by about 80 new homes. All those recent sales have produced a fund referred to as 'capital contribution' that's collected at closing.
Click here to read full article:
http://www.hoaleader.com/members/Can-You-Ask-Your-Developer-Beef-Up-Funding-PreTransition.cfm
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How to Protect Yourself and Your HOA from the Neighborhood Sociopath
Run into any owners or residents who show contempt for and consistently disregard your HOA's rules? One in 25 people is a sociopath, or a person who regularly exhibits asocial or antisocial behavior. Sociopaths look like your everyday neighbors, but they can be scary and intimidating--and they can turn your HOA into a battleground.
Join us for a cutting-edge webinar on April 9 on how to wisely and safely handle the most difficult owners and residents you'll ever face, led by two
community association experts with decades of hands-on experience in advising associations.
Click here to read full article:
http://www.hoaleader.com/snip/190.htm
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