HOAleader.com - Tip of the Week - May 8, 2015
Published: Fri, 05/08/15
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Time to Get Your HOA’s Drone Rules Off the Ground
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In this week’s tip, we’ll fly a few thoughts about drones past you.
They’re not just for the military anymore, and you need to get ahead of this
fast-growing trend before your HOA’s airspace needs its own traffic
controllers.
Who can use drones? Primarily hobbyists right now, under current rules. But
the Federal Aviation Administration is in the process of drafting new rules
to expand public use of drones, but even those new rules won’t take effect for
several years.
Only one expert we spoke with has seen drone use in an HOA. “I haven’t really
heard of any real big issues other than what I’d consider
neighbor-to-neighbor disputes or nuisances perhaps,” says Andrew
Schlegel, CCAM®, executive vice president of community management for
Orange County and Los Angeles at FirstService Residential-California in
Aliso Viejo. “I’ve heard of owners flying drones in their neighbor’s yards,
and the other owner says to the HOA, ‘Can you do something about this?’ That’s
usually best handled as a neighbor-to-neighbor dispute.”
Joshua Krut hasn’t seen drones in HOAs yet. “I haven’t run into it, but it’s a
topic people are beginning to discuss,” says the partner at Weiss Serota
Helfman Cole Bierman & Popok, a law firm with offices in Ft. Lauderdale and
Coral Gables, Fla. “Drones are coming. There’s no question about it, and
HOAs are going to have to regulate them. They can be regulated because it’s a
nuisance issue, an access issue, and a safety issue.
“I think businesses and owners will want to use drones,” Krut adds. “For
businesses it’s an access issue, a safety issue, and a nuisance issue. With
owners, I think it’s a nuisance issue. You could be bothering neighbors and
invading their privacy. It’s also a safety issue because you could ram your
drone into somebody.”
Getting a head start is also the advice of James R. McCormick Jr., a partner at
Peters & Freedman LLP in Encinitas, Calif., who represents associations.
“I know it’s a hot topic and one that’s being discussed for communities
lately,” he says. “If the association has someone who’s going to be using or
believes someone will use drones, I always recommend getting ahead of the
issue and drafting reasonable regulations for usage.”
That’s exactly what a Minnesota association is doing right now. “One of my
associations is in the process of rewriting its governing documents, and
drones came up,” says Nancy T. Polomis, a partner at Hellmuth & Johnson PLLC
who advises homeowners associations.
What should you include in drone rules? Prepare for takeoff with our new
article: http://www.hoaleader.com/members/1174.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Drones at Your HOA: What You Need to Know
Drones aren't just for the military anymore, and HOAs need to get ahead of
this fast-growing trend. Here we discuss whether HOAs can expect owners or
businesses to begin flying drones within the HOA and whether HOAs can
restrict their use.
Click here to read full article:
http://www.hoaleader.com/members/Drones-at-Your-HOA-What-You-Need-Know.cfm
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What California HOAs Need to Know About New Drought Restrictions
The huge--and dry--state of California's governor just imposed water
restrictions to deal with the dangerous conditions. How must HOAs proceed?
Click here to read full article:
http://www.hoaleader.com/members/What-California-HOAs-Need-Know-About-New-Drought-Restrictions.cfm
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California Court Hands HOAs Big Win on Short Term Rentals
In this week's tip, we share good news: A California court has shown that it
totally gets how HOAs operate and issued an opinion in March sure to buoy the
spirits of HOA board members far and wide.
In Watson v. Oak Shores Community Association, a California appellate
court has upheld an HOA's restrictions on short-term rentals and fees
related to rentals. Oak Shores is a community in Bradley, Calif.
Click here to read full article:
http://www.hoaleader.com/members/California-Court-Hands-HOAs-Big-Win-on-Short-Term-Rentals.cfm
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California Court OKs Short-Term Rental Restrictions, Related Fees
The debate over owners' posting their units on short-term rental sites like
Airbnb and HomeAway should again heat up. That's because a California
appellate court has held that HOAs can restrict owners' rights on this
front.
Click here to read full article:
http://www.hoaleader.com/members/California-Court-OKs-ShortTerm-Rental-Restrictions-Related-Fees.cfm
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Will Wisconsin Supreme Court Help Associations?
Wisconsin's highest court has held that when a bank starts a foreclosure,
gets a judgment, and then stops dead in its tracks, a trial court can, if it
determines the property has been abandoned, order the bank to hold a
sheriff's sale.
Does this case help you in your efforts to combat banks' glacier pace when it
comes to foreclosures? It's possible. But you probably have better
options.
Click here to read full article:
http://www.hoaleader.com/members/Will-Wisconsin-Supreme-Court-Help-Associations.cfm
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