HOAleader.com - Tip of the Week - April 7, 2017
Published: Fri, 04/07/17
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What If One of Your HOA Residents Doesn’t Have Legal Immigration Status?
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Immigration is the topic of this week’s tip.
That’s because it’s also a topic that’s exploded on the national scene. Many Americans are fiercely invested in this issue, and they seem to be sharing their opinions more and more.
Our experts say none of their community association clients have approached them for advice on how to address this issue if it were to arise.
“This isn’t something I have dealt with in the communities I’m involved with—yet,” says Mary Arnold, CMCA®, AMS®, the Austin, Texas-based national director of training and community association management support at RealManage, a San Rafael, Calif., association management firm that oversees properties in Arizona, California, Colorado, Florida, Louisiana, Nevada, and Texas.
But in today’s divisive political climate, it seems only a matter of time before this national hot topic spills into your association, with an owner or board member raising the issue of a resident’s or an owner’s legal status in the United States.
Are there any situations that would cause board members to be asking a resident’s or an owner’s immigration status?
Our experts uniformly agree that’s a resounding no, for several reasons.
“If your governing documents don’t give you the ability to question or talk about someone’s status in this country, the association, by definition, doesn’t have authority to do anything about it,” asserts James R. McCormick Jr., a partner at Peters & Freedman LLP in Encinitas, Calif., who represents associations.
“If a client asked my advice on how to deal with this issue, I’d counsel my client to not consider talking about it,” he adds. “It’s not something they have authority on or that’s in their wheelhouse because it’s not something in their governing documents.”
Arnold would also use the governing documents as a guide, and she likens this issue to that of registered sex offenders. “We’ve had issues where a neighbor finds out that perhaps a registered sex offender is in the community,” she explains. “The neighbors get upset that the HOA hasn’t issued an all points bulletin to let residents know.
“But the HOA can’t do that,” notes Arnold. “Those people have a right to live there if they’re following all the requirements imposed on them. So I can’t imagine an HOA would be able to keep out people with a certain citizenship status or religion or anything like that. The only thing an HOA can do is uphold its governing documents.”
Get even more information to help you address this topic smartly in our new article: https://www.hoaleader.com/members/2530.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What's the Immigration Issue Got to Do with HOAs?
Immigration is a topic that's exploded on the national scene. Many Americans are fiercely invested in this issue, and they seem to be sharing their opinions more and more.
Click here to read full article:
https://www.hoaleader.com/members/Whats-Immigration-Issue-Got-Do-with-HOAs.cfm
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Ready for Takeoff: What Will Fly in Your HOA's Drone Policy
In this week's tip, we fire up the engine on your HOA's drone policy. What? You don't have one yet? No worries. We've got you covered.
Click here to read full article:
https://www.hoaleader.com/members/Ready-for-Takeoff-What-Will-Fly-in-Your-HOAs-Drone-Policy.cfm
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5 Points to Cover in Your HOA's Drone Policy
We've reported on the fact that drones are becoming more popular. At the same time, we offered general advice on how to handle their emergence, which is growing at a faster pace than many predicted.
Click here to read full article:
https://www.hoaleader.com/members/5-Points-Cover-in-Your-HOAs-Drone-Policy.cfm
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Can Owners Decline Membership in Your HOA?
An HOAleader.com reader writes, "We recently established an HOA for a 50-home residential neighborhood in Thurston County, Wash., in accordance with Washington state laws regarding HOAs (RCW 64.38) for the primary purpose of enforcing existing covenants, codes, and restrictions that each homeowner agreed to when purchasing their home.
Click here to read full article:
https://www.hoaleader.com/members/Can-Owners-Decline-Membership-in-Your-HOA.cfm
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Save Money and Protect Your Association and Yourself: What You Need to Know about Condo and HOA Insurance
Insurance for HOAs and condominium associations is critical but not well understood. Do you have the right types insurance? The right amounts? Are certain types of insurance for community associations required by law? What HOA insurance provisions cost more than they're worth? Are you paying too much for the coverage you're getting? Watch this on-demand webinar now and, in 60 minutes, you'll have concrete information to purchase the right insurance for your community association, to purchase the right amount of insurance for your association, and to pay the right price for the insurance you need.
Click here to read full article:
https://www.hoaleader.com/products/condo-hoa-insurance-b.cfm
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