HOAleader.com - Tip of the Week - June 12, 2015
Published: Fri, 06/12/15
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HOA to Owners: Drought or Not, Artificial Turf Is a No Go
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In this week’s tip, we continue to update you on fast-moving events in
drought-stricken California, where HOAs are beginning to deal with the
effects of the drought and recently enacted water restrictions. (Keep
reading if you’re not in California; we promise you’ll still learn
something valuable about HOA management.)
Kicking things off recently was an HOA, which just fined owners for
installing artificial turf. Sounds extreme, but there’s more to this story
than it seems. Here’s what you need to know about this dispute, according to
ABC7 News in Los Angeles:
* Rhonda and Greg Greenstein own in the Morrison Ranch Estates Homeowners'
Association in Agoura Hills, Calif.
* The HOA has considered permitting owners to install artificial turf in the
past but claims its research shows no significant water savings would
result.
* The Greensteins removed their lawn and installed artificial turf without
asking the HOA for permission.
* Before the Greensteins took that step, their HOA sent notice instructing
them not to do it.
* The HOA is fining the Greensteins $50 a day.
Is it reasonable for this HOA to hold firm on its real-grass requirement?
Probably. At least until an authority—like the government or a court—tells
the board otherwise.
“The issue for the association is in not doing something to owners who
unilaterally change their grass without approval,” says Matthew A.
Drewes, a partner at Thomsen & Nybeck PA in Edina, Minn., who represents
associations. “There could be owners who are upset about the change. A core
value for many HOAs is maintaining consistent aesthetics. Ignoring this
violation could be problematic for some owners who are counting on the board
for enforcement.”
Is that still true if the owners believe the HOA’s research on water savings
is simply wrong? And how does the HOA’s pre-installation notice to the
owners change the analysis? Find out, and get tips to begin crafting your own
landscaping rules, in our new article: http://www.hoaleader.com/members/1187.cfm
Best regards,
Matt Humphrey
President
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How to Create a New-Owner Orientation Program for Your HOA
An Exclusive HOAleader.com Webinar
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Thursday, June 18, 2015
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Learn more or Register now:
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Members save $30!
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Recent articles posted at HOAleader.com:
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Permitting Rain Barrels at Your HOA: There's a Risk
A Colorado lawmaker introduced legislation that would require HOAs to
permit owners to place rain barrels on property--but it went down in defeat,
at least for now. An HOA expert says the bill, while well intentioned, raises
challenges and perhaps increases an HOA's liability. Here, we explain.
Click here to read full article:
http://www.hoaleader.com/members/Permitting-Rain-Barrels-at-Your-HOA-Theres-Risk.cfm
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California Drought Fallout: Fined for Fake Grass
California HOAs are beginning to deal with the effects of the drought and
recently enacted water restrictions. Kicking it off is an HOA that has just
fined owners for installing artificial turf. Sounds extreme, but there's
more to this story than it seems. Here we explain the facts and talk about the
pros and cons of this HOA's approach to the owner's move.
Click here to read full article:
http://www.hoaleader.com/members/California-Drought-Fallout-Fined-for-Fake-Grass.cfm
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Man Down! What to Do If Someone's Injured on Your HOA's Property
In this week's tip, we address a reader's concern that a slip-and-fall on HOA
pavement scheduled for repair will turn into an ugly lawsuit. Here, we give
you a hand with the first of four steps you need to take if you hear someone's
been injured on your HOA property.
Click here to read full article:
http://www.hoaleader.com/public/Man-Down-What-Do-Someones-Injured-on-Your-HOAs-Property.cfm
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4 Steps to Take When Someone Is Injured on Your HOA Property
An HOAleader.com reader asks, "A gentleman living in an over-55 community
fell on pavement that was to have been repaired and was injured....having to
undergo surgery, rehab. etc...physician now tells him it will be another
six months or a year before he gains mobility....now cannot be
employed....is this a suit in the making?"
Click here to read full article:
http://www.hoaleader.com/members/4-Steps-Take-When-Someone-Injured-on-Your-HOA-Property.cfm
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It May be Time to Shelve Robert's Rules at Your HOA
In this week's tip, we go boldly where few have gone before. We ask whether you
should table Robert's Rules of Order.
Many experts aren't fans at all. "There's a certain level of decorum you want
at your meetings, but it's hard to have a lay person follow them," says Joshua
Krut, a partner at Weiss Serota Helfman Cole Bierman & Popok, a law firm with
offices in Ft. Lauderdale and Coral Gables, Fla. "I've seen only one or two
presidents who were able to follow them over all these years in my practice.
They're very technical, not necessary, and it's confusing to owners or the
audience also."
Click here to read full article:
http://www.hoaleader.com/public/It-May-be-Time-Shelve-Roberts-Rules-at-Your-HOA.cfm
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