HOAleader.com - Tip of the Week - August 25, 2017
Published: Fri, 08/25/17
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Should You Use These Words in Your HOA Rules?
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We're not vague at all in this week's tip.
In fact, we're answering an HOAleader.com reader's question on how to avoid in your rules vague terms like "offensive behavior," lawn ornaments that are "unsightly" or "distasteful," and paint color that's not "earth tone."
This is a very, very gray area. "Vague is always a little bit of a troublesome situation," notes Michael Kim who, through his Chicago law firm, Michael C. Kim & Associates, represents about 500 associations. "To some extent, there's not much you can do.
"When you have a swimming pool rule that talks about what patrons should wear, what does it mean to say 'appropriate attire'?" he asks. "It's certainly swimwear and not street clothes. But what about a thong? Some might think it's much too revealing. Others might not.
"You can also have other things like talking about being on the common elements dressed 'appropriately,'" adds Kim. "What does that mean? One condo may have a casual atmosphere in a resort setting, and it might be fine to walk through the lobby wearing swimming trunks, a T-shirt, and flip flops. It's not that it's immodest, but it's more casual.
"Those are all kind of tricky situations," states Kim. "You can never really avoid some of these vagueness issues."
The terms our reader has asked about aren't vague, asserts Todd J. Billy, an attorney at The Community Association Lawyers in St. Louis; Billy is a licensed attorney in Missouri and Illinois and has more than 1,000 active condo and HOA clients.
"I don't have a problem with the terms listed," he says. "Any term of any declaration or state statute that's undefined gets its ordinary, dictionary meeting. The concern for me isn't that they're vague—they're not. We can get a definition for them. When we look at the definition of derelict, as in the definition of a derelict vehicle, we might have something in the motor vehicle code we can use.
"With a term like 'offensive,' you want to get as objective as you can," adds Billy. "But just because you're using the term, it doesn't mean it's not enforceable. The definition is going to evolve based on community taste, and that's what we have the courts for.
"What the courts look for when you're drafting a rule is reasonableness," explains Billy. "That's another vague term, but it's what even the courts use."
Oh, but they are vague, says another of our experts. Find out why, and get tips on how to write more enforceable rules, in our latest article: https://www.hoaleader.com/public/3590.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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How to Avoid Unenforceable Terms in Your HOA Rules
An HOAleader.com reader has a really interesting question: "We're updating our HOA rules and regulations and trying to avoid non-specific wording like 'offensive behavior,' lawn ornaments [that are] 'unsightly' or 'distasteful,' and paint color [that's not] 'earth tone.' How are other HOAs addressing 'unenforceable' wording in their rules and guidelines?"
Click here to read full article:
https://www.hoaleader.com/members/Avoid-Unenforceable-Terms-HOA-Rules.cfm
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Executive Session: When, Why, and How HOA Boards Should Meet Behind Closed Doors
Did you miss this brand-new, exclusive webinar yesterday? If so you missed a great session. It's your fiduciary duty as a board member to keep confidential HOA matters confidential, and that's pretty serious business. Executive sessions are an important tool to help you accomplish that goal. However, many board members are confused about when, why, and how to meet in executive session. At the same time, some homeowners accuse boards of using this type of meeting as a way to improperly retreat behind closed doors to shield their decisions from routine scrutiny.
Watch this on-demand webinar now and get definitive answers on executive session from two recognized community association experts. One is a 25-year veteran of association management, and another is a lawyer who leads her firm's community association practice area.
Click here to read full article:
https://www.hoaleader.com/products/executive-session-hoa-boards-b.cfm
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These Apps May Help You Track Unauthorized Rentals--But at What Cost?
One of our experts says she's hearing that her clients are beginning to use websites and apps to catch unauthorized rentals. Amy Tinetti, a shareholder at Hughes Gill Cochrane Tinetti P.C., which represents hundreds of condos and HOAs in Northern California, says her clients are talking about these online tools...
Click here to read full article:
https://www.hoaleader.com/members/These-Apps-May-Help-You-Track-Unauthorized-Rentals-But-at-What-Cost.cfm
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Goats Can Reduce Your HOA's Fire Risk (And They're Sort of Fun)
In this week's tip, we explain why it might be wise for you to consider allowing goats to parade around your property. A growing number of HOAs are actually using goats to clear vegetation in their property.
Click here to read full article:
https://www.hoaleader.com/public/Goats-Can-Reduce-Your-HOAs-Fire-Risk-And-Theyre-Sort-Fun.cfm
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