HOAleader.com - Tip of the Week - June 24, 2016
Published: Fri, 06/24/16
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Delinquent HOA Board Candidates: Can You Spill the Beans?
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In this week’s tip, we show you how to navigate the rocky waters when owners question whether people running for board seats are delinquent in their HOA dues.
How you handle an owner’s request to see other owners’ payment histories, including that for candidates for board positions, will be governed by your state law, according to Bob Kmiecik, a partner at Kaman & Cusimano LLC, which represents associations throughout Ohio.
Here’s his take on Ohio law: “I wouldn’t give the owner an individual’s payment history,” states Kmiecik. “Owners are entitled to know what the delinquencies are and probably who isn’t current. I usually advise associations that if I’m going to give a list of delinquent owners, I delete people’s names and just do it by unit number. Otherwise, the record owner you’ve identified could be wrong, and you could end up inadvertently defaming somebody.
“Also, owners in Ohio are entitled to know which properties are delinquent,” asserts Kmiecik. “But I don’t think they’re entitled to say, ‘I want to know if owners have ever been delinquent over the last five years.’”
In Florida, owners have a right to inspect and make copies of official records for HOAs, condos, or co-ops, reports Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who’s represented associations for decades. “The accounts receivable, which identifies each unit and whether the owner is current, is open for inspection. Obviously, board members are unit owners typically, so any unit owner would be able to see whether any of the board members are current or delinquent.”
What about owners’ privacy? It’s not as much an issue in Florida. “If you’re announcing that someone’s delinquent at a meeting and embarrassing someone, that’s one thing,” says Shields. “But if the record states that John Doe owns unit 100, and the record says that owner is 120 days delinquent, that’s what it is. We can’t fudge it.”
You can take action to ensure that candidates aren’t deadbeats and to ensure owners find out the information they need to cast their vote wisely with the tips in our new article: http://www.hoaleader.com/members/1389.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Revealing When An HOA Board Candidate Has Been Delinquent
An HOAleader.com reader has asked whether members have a right to see the assessment payment history of other members, calling it important when voting for board members. Generally, the answer is no, that members shouldn't have access to that private information.
Click here to read full article: http://www.hoaleader.com/members/Revealing-When-HOA-Board-Candidate-Has-Been-Delinquent.cfm
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Can This HOA Protect Its Roads from Its Builder?
An HOAleader.com reader asks, "There are 65 lots in our development of which 45 have been built on. The HOA board would like to amend the covenants to require a security/damage deposit for the remaining 20 lots to cover the cost of any damage to our asphalt roads that may be caused by the builder. Is anyone aware of any legal ramifications that may pose a problem for us? The roads are publicly owned but privately maintained by the HOA."
Click here to read full article: http://www.hoaleader.com/members/Can-This-HOA-Protect-Its-Roads-from-Its-Builder.cfm
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How to Respond to Owners' Requests for HOA Violation Records
An HOAleader.com reader writes, "We have a fairly small HOA of 138 members. We have issued a CC&R violation notice to a member about his trailer being parked in his yard for more than 48 hours. After the 14-day deadline, he was fined until he corrected the violation.
Click here to read full article: http://www.hoaleader.com/members/How-Respond-Owners-Requests-for-HOA-Violation-Records.cfm
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Here's When You Should Freeze Out a Fellow HOA Board Member
In this week's tip, we break down a Washington court ruling that says you can boot fellow board members from executive session discussions. The case is Hartstene Pointe Maintenance Assn v. Diehl, decided in June 2015. Note that it's an unpublished opinion, which to lawyers means they're not supposed to rely on it in their legal arguments. Still, most lawyers take notice of unpublished opinions.
Click here to read full article: http://www.hoaleader.com/public/Heres-When-You-Should-Freeze-Out-Fellow-HOA-Board-Member.cfm
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Even Board Members Can Be Excluded from Executive Session
A Washington court has ruled that a board member who's opposing his board on an issue and will likely sue over that issue can be excluded from getting legal advice from the HOA's attorney and can be excluded from meetings where the issue will be discussed. Here's the scoop, along with insight from our experts on where you can draw the line and exclude a board member from an executive session.
Click here to read full article: http://www.hoaleader.com/members/Even-Board-Members-Can-Be-Excluded-from-Executive-Session.cfm
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