HOAleader.com - Tip of the Week - July 21, 2017
Published: Fri, 07/21/17
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The Classic Standoff Between HOA Board and Owner
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An HOAleader.com reader has written a letter that could serve as the typical
dispute among HOAs across the country. It’s long, and you can read the full
version here. In a nutshell, however, here’s what happened.
The reader’s tenant violated some minor rules but appears to have corrected
them fairly quickly. The reader didn’t open the HOA’s notice letters until
much later than permitted to challenge the fines the HOA imposed. The reader
appealed, but not using the HOA’s formal process. So the HOA’s sticking to
its guns.
In this week’s tip, we discuss who’s right—this board? This owner? Maybe
neither?
There’s no simple answer on this reader’s question. On some aspects of this
issue, our experts are sympathetic with the reader; on others, they say the
board is following procedure.
“I understand why this reader would be frustrated, but the board has a duty to
uniformly and consistently enforce the governing documents and
procedures and processes,” says Alex Noland, CCAL, founder of Noland Law in
San Francisco, which represents about 100 community associations
throughout California.
“If they have forms and ways people can appeal fines, but then they start
making variances for all sorts of owners, there will be possibly
inconsistent treatment,” explains Noland. “A lot of companies and
agencies have their forms and processes, and you’re expected to go along
with that. While it could seem harsh and strict, they’re like that for a
reason.
“At the end of the day, this reader’s tenants violated the rules,” concludes
Noland. “It’s also not the association’s problem that an owner doesn’t open
mail promptly. To avoid claims of disparate treatment and inconsistent
conduct, the board has a duty to follow its governing documents and
procedures.”
Steven J. Weil, Ph.D., president of Royale Management Services in Fort
Lauderdale, Fla., which manages 28 condos and HOAs, generally agrees. “One
of the problems of having a tenant if you’re an owner is that you’re
responsible for your tenant,” he says.
“Although the association and board may also do some vetting, ultimately
you’re responsible for the actions of your tenant,” notes Weil. “You have to
make sure you’ve got the right tenant, and you have to make sure you get
information from your community so you know if something comes up and can
deal with it right away. Most associations I deal with not only provide mail
notice, but we’ll also provide email notice as long as owners give us an
accurate email address. But you’re responsible as the owner.”
There’s much more to this story. This board may not really be the bad guys,
according to one of our experts. And there are ways this can be avoided in the
future. Get details in our new article:
https://www.hoaleader.com/members/2576.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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The Classic Standoff Between HOA Board and Owner
An HOAleader.com reader has written a letter that could serve as the typical
dispute among HOAs across the country. It's long, and you can read the full
version here. In a nutshell, however, here's what happened.
Click here to read full article:
https://www.hoaleader.com/public/Classic-Standoff-Between-HOA-Board-Owner.cfm
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Is This HOA Board Overpolicing? Or Does This Owner Want Special Treatment?
An HOAleader.com reader writes a letter that could serve as the typical
dispute among HOAs across the country.
Click here to read full article:
https://www.hoaleader.com/members/This-HOA-Board-Overpolicing-Or-Does-This-Owner-Want-Special-Treatment.cfm
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HOA Requires Permission and Liability Insurance when Owners Set up a
Folding Table
In this week's tip, we discuss the possibility that your rules may trample on
owners' free speech. The issue has come up because a California HOA is being
challenged for its rules. According to the Los Feliz Ledger, the
Hollywoodland Homeowners Association in Beachwood Canyon advocated for
local parking restrictions in 2015, and the municipality approved them.
Residents are now seeking signatures to petition the municipality to
reverse course.
Click here to read full article:
https://www.hoaleader.com/public/HOA-Requires-Permission-Liability-Insurance-when-Owners-Set-up-Folding-Table.cfm
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The Limits of Your Ability to Interfere with HOA Owners' Free-Speech Rights
A California HOA is being challenged for its rules demanding $280 liability
insurance and board permission before owners can set up a table in a plaza the
HOA says it maintains.
Click here to read full article:
https://www.hoaleader.com/members/Limits-Your-Ability-Interfere-with-HOA-Owners-FreeSpeech-Rights.cfm
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HOA Software: Opting for an Off the Shelf or Customized Program
Been looking for software that'll help you manage your HOA operations more
efficiently? It's not easy to sift through all your options, right? In this
weeks' tip, we offer up some tips from current users and industry experts.
Click here to read full article:
https://www.hoaleader.com/public/HOA-Software-Opting-for-Off-Shelf-or-Customized-Program.cfm
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