HOAleader.com - Tip of the Week - July 31, 2015
Published: Fri, 07/31/15
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How to Make Owners Follow the Rules—After the Fact
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A California HOA recently sought an injunction against an owner who’d installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures—like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas—and the court agreed those measures were reasonable.
But should this association demand the owner tear out the flooring? Or is that unreasonable given this twist: The owner claims his wife needs hardwood because of a dust allergy. In this week’s tip, we discuss how to deal with owners who don’t get the proper permissions for renovations.
Briefly, here’s what the fight is about in Ryland Mews Homeowners Association v. Munoz. Ruben Munoz bought a unit with his wife, Elena Delgado, then ripped out the existing carpeting and installed hardwood flooring. Their downstairs neighbors began complaining about excessive noise. The HOA filed suit insisting the couple work with a contractor to minimize the noise from the hardwood or place throw rugs on 80 percent of the kitchen and bath areas. Munoz insisted he and his wife could have nothing but hardwood because of Delgado’s debilitating dust allergy. The court found for the HOA, requiring the couple to take remedial measures.
“We have a lot of this down here in Florida,” laments Jed L. Frankel, a partner at Eisinger, Brown, Lewis, Frankel & Chaiet PA in Hollywood, Fla., who advises community associations. “A lot of newer construction, with new documents, require a specific soundproofing barrier not just for hardwood but also for tiles, where the noise can be worse. Most of my association documents also require you at least to go to the association and let them know what’s going on. You say, ‘We’re installing this, and this is what it’s rated.’ Most associations will require some type of soundproofing barrier, which isn’t that expensive since you’re ripping out the floor, anyway.”
The important questions when owners fail to inform or seek permission: What’s the appropriate response? Is it enough to offer as one solution the option for throw rugs? Does that send the message that it’s OK to break the rules since all you’ll get is a slight rap on your knuckles?
To get an answer to that question, along with tips on how to proceed when owners don’t get your HOA’s permission when they should have, read our new article, Is This Condo Association Being Too Nice?
http://www.hoaleader.com/members/1213.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Is This Condo Association Being Too Nice?
A California HOA recently sought an injunction against an owner who'd installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures--like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas--and the court agreed those measures were reasonable.
Click here to read full article:
http://www.hoaleader.com/members/This-Condo-Association-Being-Too-Nice.cfm
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Oh, Pooh! A HOA Doggie DNA Database May Solve Your Problems
Yes, owners should pick up after their dogs. But association boards and residents may be going off the rails to ensure enforcement of that very common rule. An Illinois man was recently arrested in the hallway of a condo association allegedly waiting with a shotgun to scare another owner who supposedly didn't pick up after a dog. Other HOAs are now requiring doggie DNA to clean up their problem. Here we discuss the proper response when your HOA find itself in deep doo doo.
Click here to read full article:
http://www.hoaleader.com/members/Oh-Pooh-HOA-Doggie-DNA-Database-May-Solve-Your-Problems.cfm
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Know How Far to Stretch Your HOA Manager
In this week's tip, we begin analyzing a recent Florida Supreme court's advisory opinion in an effort to help you understand the line between what your manager can do and what you're better off turning to your attorney to handle.
Click here to read full article:
http://www.hoaleader.com/public/Know-How-Far-Stretch-Your-HOA-Manager.cfm
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What HOA Managers Can and Can't Do, Says Florida Supreme Court
How close to the giving-legal-advice line can managers get without improperly veering into the practice of law?
In May, the Florida Supreme Court answered that question in an advisory opinion. It spells out the activities community association managers (CAMs) can and can't perform without improperly practicing law without a license. Here we offer highlights, along with an analysis from one of our Florida experts. We also discuss what boards in other states need to know.
Click here to read full article:
http://www.hoaleader.com/members/What-HOA-Managers-Can-Cant-Do-Says-Florida-Supreme-Court.cfm
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Dissenters in Your HOA: Let Them Have Their Say?
Where's that line that separates keeping your operations running smoothly and stepping on your owners' right to express their dissatisfaction? In this week's tip, we tackle the issue of free speech at HOAs.
The topic arises from the actions of the board at the Tiber Island Cooperative Homes in Washington, D.C., which passed a rule restricting owners' speech rights after dissenters began challenging the board.
Click here to read full article:
http://www.hoaleader.com/public/Dissenters-in-Your-HOA-Let-Them-Have-Their-Say.cfm
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