HOAleader.com - Tip of the Week - April 21, 2017
Published: Fri, 04/21/17
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This HOA Board’s Actions Have Really Gotten an Owner’s Goat
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In this week’s tip, we’re pretty excited to be talking about goats!
Here’s how a website for condo and HOA board members lands on the topic of goats. An HOAleader.com reader wants to know if its board has gone astray. It appears that a Texas property owners association first amended its definition of permitted household pets to include chickens, apparently because a board member had chickens. Then it tried to include goats—and coincidentally, that same board member happens to also have acquired a goat—but the owners voted the second amendment down.
It also appears the board spent $10,000—transferred from its reserves—to get legal advice and conduct the vote. And the board member still has the animals.
Does this raise any red flags?
“This question runs into the issue of what the board can do in terms of limiting the types and number of pets permitted,” says Michael Kim who, through his Chicago law firm, Michael C. Kim & Associates, represents about 500 associations.
Kim has personal experience in this type of dispute; he was one of the attorneys involved in the famous pot-bellied-pig-living-in-a-Chicago-high-rise case.
“Typically, the board has discretion,” says Kim. “Most of the declaration provisions expressly state that pets are permitted subject to rules and regulations promulgated by the board.”
But not always. Apparently, this reader’s association didn’t provide that discretion to its board.
James R. McCormick Jr., a partner at Peters & Freedman LLP in Encinitas, Calif., who represents associations, doesn’t see big problems with how this board proceeded. “Just because the board attempted to address something and it didn’t garner enough votes isn’t to say that they weren’t looking out for the betterment of the community,” he explains.
Other experts do have a problem, however. Read why in our new article:
https://www.hoaleader.com/members/2535.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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That Time the Board Member Had a Goat and a Chicken. Oh, My!
An HOAleader.com reader writes, "The board just drew $10,000 from our reserve fund to defend itself from the association for its own definition of goats as household pets."
Click here to read full article:
https://www.hoaleader.com/members/That-Time-Board-Member-Had-Goat-Chicken-Oh-My.cfm
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When to Replace HOA Stuff that's Not Broken
Picture it. Your roof is 20 years old. When you have to replace it, it'll cost $30,000, easy. But you've got no water intrusion--yet. Or maybe your elevator system is 25 years old. You've had it serviced pretty regularly, but your maintenance guy says it's nearing the end of its useful life. Upgrades when you have to do them will be tens of thousands of dollars.
Click here to read full article:
https://www.hoaleader.com/members/When-Replace-HOA-Stuff-thats-Not-Broken.cfm
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HOA Board Member Bolts: What You Need to Do
In this week's tip, we discuss how to achieve a peaceful transition of power when a board member steps down. It doesn't matter the reason for a board member's departure. It could be due to a regular transition after a vote. Maybe there was a scandal!
Click here to read full article:
https://www.hoaleader.com/members/HOA-Board-Member-Bolts-What-You-Need-Do.cfm
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5 Steps to Take When an HOA Board Member Steps Down
It doesn't matter the reason for a board member's departure. It could be due to a regular transition after a vote. Maybe there was a scandal! Either way, when a board member becomes a former board member, you need to protect the organization and its confidential materials.
Click here to read full article:
https://www.hoaleader.com/members/5-Steps-Take-When-HOA-Board-Member-Steps-Down.cfm
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What HOA and Condo Boards Need to Know About Regulating Rentals
Rental restrictions are unlike most other policies HOA boards create because they necessarily curb owners' real property rights. The law jealously protects property owners' rights, which means any HOA board that seeks to restrict rentals in their community needs to act wisely and deliberately.
This report provides you with the information you need achieve that goal.
It's filled with tips from our editorial team and experts on HOA governance and management from across the country. With the information in this report, you can begin investigating and working toward implementation of legal and enforceable rental restrictions immediately.
Click here to read full article:
https://www.hoaleader.com/public/What-HOA-Condo-Boards-Need-Know-About-Regulating-Rentals.cfm
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