HOAleader.com - Tip of the Week - December 4, 2015
Published: Fri, 12/04/15
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You Won’t Find This HOA and Owner Kissing Under the Mistletoe!
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In this week’s tip, we try to suss out who’s naughty and who’s nice when it comes to holiday lights.
The question in Idaho is whether an HOA is acting like Scrooge over last year’s festivities in a different location. Last Christmas, lawyer Jeremy Morris and his wife Kristy hosted a light show complete with carolers, Santa, and Dolly the camel at their home in Hayden, reports the Spokesman-Review. The word spread on Facebook, and thousands flocked to the spectacle, which raised funds for two charities.
The couple has since moved to a home in the West Hayden Estate subdivision and reportedly planned a bigger and better display for 6-8 p.m. nightly from Dec. 16-20 this year.
Not so fast, says their new HOA. Morris told the Spokesman-Review he received a four-page registered letter from his HOA’s lawyer asserting the event will be a nuisance.
“Simply put, the quiet residential neighborhood of West Hayden Estates First Addition is not an appropriate location for such activities, and I am confident that, if necessary, a court will prohibit your event from occurring in that neighborhood,” the letter said. It also says the HOA prohibits owners from raising or breeding livestock.
Morris’s response (paraphrased): You’re a mean one, Mr. Grinch! He says his event doesn’t violate any of the HOA’s rules and contends the HOA is attacking his Christian faith.
At issue is whether the HOA can fire a pre-emptive strike against an owner for what happened a year before not even in their HOA. Some of our experts say it’s wise. Others disagree.
“I think it’s a smart move,” says Matt D. Ober, senior partner at Richardson Harman Ober, a Pasadena, Calif., law firm with a significant community association practice. “If you’re going to address a problem, the best approach is to be proactive. That means being out front of the issue and saying, ‘The holidays are coming, here are your guidelines.’ Then a community should set what are reasonable guidelines on decorations.”
Ober does have some reservations. Our other experts do, too. Find out why in our new article: http://www.hoaleader.com/members/1291.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Bah, Humbug! What If Owners Created Traffic with a Holiday Display--Last Year?
A lawyer/homeowner is scoffing at his HOA's pre-emptive strike to curb a flashy Christmas display. Who's the Scrooge here?
Click here to read full article:
http://www.hoaleader.com/members/Bah-Humbug-What-Owners-Created-Traffic-with-Holiday-Display-Last-Year.cfm
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Do You Need HOA Employees to Sign Confidentiality Agreements?
Here's an interesting reader question: "Under what circumstances would an HOA ask its employees to sign a confidentiality agreement?...?" Here we find out.
Click here to read full article:
http://www.hoaleader.com/members/Do-You-Need-HOA-Employees-Sign-Confidentiality-Agreements.cfm
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HOA Owner Repairs Basement. Waits Years. Seeks Reimbursement. What to Do?
A reader has written in and asked how to handle an owner's $8,000 request for basement repairs made in 2008. Yes, basement. And yes, 2008. Our experts say a lot of necessary information is missing. That said, here's a summary roadmap of how you might proceed in evaluating this type of scenario
Click here to read full article:
http://www.hoaleader.com/public/HOA-Owner-Repairs-Basement-Waits-Years-Seeks-Reimbursement-What-Do.cfm
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More on Who's Responsible for Which HOA Unit Repairs
Under what circumstances would an HOA be required to repair basement leaks in single-family homes or townhomes? An HOAleader.com reader has an interesting question. Here we ask our experts to help us answer.
Click here to read full article:
http://www.hoaleader.com/members/More-on-Whos-Responsible-for-Which-HOA-Unit-Repairs.cfm
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HOA Rules are Awesome--If You Can Enforce Them
In this week's tip, we answer a reader's question about how to enforce an HOA's restrictions prohibiting owners to rent more than four times, each of less than 30 days, per year.
All of our experts agree. Enforcing your rental restrictions is hard.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Rules-are-Awesome-If-You-Can-Enforce-Them.cfm
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