HOAleader.com - Tip of the Week - January 29, 2016
Published: Fri, 01/29/16
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How to Treat an HOA Owner Who Wants, But May Not Need an Accommodation
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In this week’s tip, we tackle a tough question: Must you accommodate a
disabled owner if the accommodation isn’t absolutely, positively
necessary but is just something helpful to the owner?
Here’s the back story. An HOAleader.com reader says one of the HOA’s owners
uses an electronic wheelchair to leave the home. That owner would like
permission to attend the annual HOA meeting remotely, even though the
building and meeting room are both accessible. And the HOA’s bylaws
apparently don’t provide for remote access.
Is this accommodation reasonable? Short answer: Almost certainly.
The first point mentioned by our experts is that the board doesn’t need to
have remote access to be authorized by its bylaws to offer the option in a case
like this.
“It’s really irrelevant what your bylaws say,” notes Bob Kmiecik, a partner
at Kaman & Cusimano LLC, which represents associations throughout Ohio.
“Fair housing laws trump those bylaws. I like to see associations have a
rulebook or informational booklet that says basically, ‘There may be
situations where we have to make a reasonable accommodation.’ That gives
other owners notice this might happen from time to time.”
Phaedra J. Howard, a partner at Hellmuth & Johnson PLLC in Eden Prairie,
Minn., who advises associations, says it’s unusual that the governing
documents at issue don’t allow such access. “I guess I have two thoughts,”
she says. “One is that the reader is saying the documents don’t allow for it,
and I find that odd. It’s written right in our Minnesota statutes and most
governing documents that people can participate by remote means—in fact,
you could have an entire meeting by remote access. Whether you want to Skype,
WebEx, or just call in, that should be easy.”
Howard suggests our reader ask the association’s attorney if there’s any
reason the board can’t allow remote access. “Ask their attorney, ‘What’s
this about? Why can’t we do it? Is it not permitted in our state, or is it not
addressed because our documents are so old?’” she explains. “Then this
reader should check the state’s corporate statutes, which probably allow
it.”
That’s just the first step of this analysis. Walk through the remaining
steps with our experts in our new article:
http://www.hoaleader.com/members/1319.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What's a Reasonable Accommodation in This HOA's Situation?
An HOAleader.com reader asks: "Our HOA is in Pennsylvania. We've already
sent out our notice of annual meeting. Proxies may be executed by homeowners
who wish to vote but are unable to attend. A young homeowner, who uses an
electric wheelchair when she leaves her home, has requested 'remote
access' to the annual meeting.
Click here to read full article:
http://www.hoaleader.com/members/Whats-Reasonable-Accommodation-in-This-HOAs-Situation.cfm
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What to Know About Hosting HOA Activities to Make Owners' Lives Easier
Whether it's farmer's markets, ride-share parking spots or sign-up
sheets, or seminars for owners from local experts, you might want to
consider hosting new activities at your HOA to build a sense of community.
But there are risks. Here we offer tips for improving services while keeping
your HOA's legal liability in check.
Click here to read full article:
http://www.hoaleader.com/members/What-Know-About-Hosting-HOA-Activities-Make-Owners-Lives-Easier.cfm
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Resist Temptation! Don't Insert Yourself in HOA Owners' Rentals
In this week's tip, we give you a heads up on a debate started with comments in a
recent HOAleader.com webinar on what boards must know to strengthen HOA
rules and fine procedures.
One of the panelists, Matthew A. Drewes, a partner at Thomsen & Nybeck PA in
Bloomington, Minn., who heads the law firm's community association
representation group, said he advises his HOA board clients to stay out of
the owners' processes for choosing renters.
Click here to read full article:
http://www.hoaleader.com/public/Resist-Temptation-Dont-Insert-Yourself-in-HOA-Owners-Rentals.cfm
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Should You Get Involved in Renting HOA Owners' Units?
Stay out of owners' processes for choosing renters.
That was the advice at a recent HOAleader.com webinar on what boards must
know to strengthen HOA rules and fine procedures. It came from one of the
panelists, Matthew A. Drewes, a partner at Thomsen & Nybeck PA in
Bloomington, Minn., who heads the law firm's community association
representation group.
Click here to read full article:
http://www.hoaleader.com/members/Should-You-Get-Involved-in-Renting-HOA-Owners-Units.cfm
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Does This HOA's Bylaw Amendment Have Any Effect?
An HOAleader.com reader asks: "The articles of incorporation of this
corporation (association) say a quorum is 51 percent of the voting
membership, and no amendment has ever been passed (since 1974) to change
that percentage.
Click here to read full article:
http://www.hoaleader.com/members/Does-This-HOAs-Bylaw-Amendment-Have-Any-Effect.cfm
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