HOAleader.com - Tip of the Week - October 30, 2015
Published: Fri, 10/30/15
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HOA Fights Owners and Falls Short. The Painful Lessons
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In this week’s tip, we give you the skinny on a recent Missouri case in which an HOA lost a court fight to enforce its rules.
In the case that may cause discomfort for HOA lawyers nationwide, Missouri homeowners won the right to keep a purple playground set their HOA had ordered them to remove.
Here’s the background in this dispute. The Raintree Lake Property Owners Association, which didn’t respond to a request for an interview, sought an injunction asking a court to order homeowners Lewis and Marla Stout to remove their purple-colored swing set from their property and the subdivision, according to the court’s Aug. 28 opinion.
The HOA’s governing documents prohibited owners from making “improvements, alterations, repairs, change of paint colors, excavations, changes in grade or other work” that alters the exterior of property or improvements on the property. They also required owners to get written approval from the HOA’s architectural review board to build structures. Architectural board guidelines for swings sets and play equipment stated: “Color: must be subdued and within harmony with other colors of the community, including slides, swings, and canopies.”
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Easier Enforcement of Your HOA's Rules:
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The defendants argued that they’d sought approval and that it was arbitrarily denied. They also argued that the color restrictions were vague and unenforceable. They then asked neighbors who could see the playground from their homes to sign a petition saying the color didn’t bother them.
The court sided with the homeowners, holding that the HOA didn’t prove the irreparable harm required for an injunction and necessary to force the owners to tear down the playset.
This ruling is a tough one. Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Bloomington, Minn., who heads the law firm's community association representation group, doesn’t think the court’s reasoning was particularly strong.
“If the association had in place sufficient provisions in its governing documents or rules that made it clear that alterations can’t be made without approval from the board or architectural committee, the fact that the other members signed a petition saying they wanted a swingset to remain shouldn’t necessarily affect the outcome of the court case,” says Drewes. “Usually, it’s within the board’s discretion to approve an alteration.
That’s not the only reason Drewes thinks the case is curious. But another lawyer has a different twist. Read more, including what you should take away from this dispute, in our new article: http://www.hoaleader.com/members/1263.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Owners Beat HOA in Dispute over Playground Set
In a case that may cause discomfort for HOA lawyers nationwide, Missouri homeowners have won the right to keep a purple playground set their HOA had ordered them to remove. Here are the lessons for HOAs nationwide.
Click here to read full article:
http://www.hoaleader.com/members/Owners-Beat-HOA-in-Dispute-over-Playground-Set.cfm
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Risky Business: Tennis Coach Uses HOA Facilities Possibly for Nonresidents
In this week's tip, we answer a reader's question about whether a tennis coach can and should be training nonresidents on HOA courts. Our reader is on the right track when questioning potential liability because this arrangement does expose the HOA to risk in a way it doesn't need to be exposed.
Click here to read full article:
http://www.hoaleader.com/public/Risky-Business-Tennis-Coach-Uses-HOA-Facilities-Possibly-for-Nonresidents.cfm
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Tennis Coach Offers Side Training on HOA Courts. Any Problem with That?
An HOAleader.com reader who's a member of a tennis club community association asks, "Our condo … CC&R does allow a tennis coach. But it doesn't allow running of a business. Our tennis pro is taking students from outside of our complex, and we don't want to be liable for any outsiders getting hurt while taking lessons. What are our obligations? Is the tennis coach our HOA employee, a vendor, or a contractor? When my old HOA included a neighborhood watch, we were told to take them off of our HOA for liability issues. It's too confusing."
Click here to read full article:
http://www.hoaleader.com/members/Tennis-Coach-Offers-Side-Training-on-HOA-Courts-Any-Problem-with-That.cfm
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Rogue HOA Board Members Hit with Sanction; Say What?
In this week's tip, we answer a reader's question about how to handle rogue board members who've tried to get paid for volunteer work, slipped in erroneous bills, harassed owners, towed cars without cause, and even tried to bill the HOA $150,000 for a project owners didn't want. Other board members have sanctioned the rogue members. What's that mean? Can you do it, too? Do you have other options?
Click here to read full article:
http://www.hoaleader.com/public/Rogue-HOA-Board-Members-Hit-with-Sanction-Say-What.cfm
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Board Member is Sanctioned. What Does That Mean?
An HOAleader.com reader writes, "We have a 520-unit condo. We have had a husband and wife on the board for over 10 years. They broke every rule and even some laws.... The husband keeps trying to get paid for his volunteer work and tried to slip in an erroneous bill to get paid. We don't know, without doing a forensic accounting, if they've done anything illegal or have conflicts of interest. All we know is that they harass the homeowners, have towed cars without any cause, and have even tried to bill us for over $150,000 on a project we didn't want.
Click here to read full article:
http://www.hoaleader.com/members/Board-Member-Sanctioned-What-Does-That-Mean.cfm
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