HOAleader.com - Tip of the Week - January 26, 2018
Published: Fri, 01/26/18
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Is This Practice an HOA Problem Waiting to Happen?
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We’re coming to the aid of an HOAleader.com reader in this week’s tip. The reader asks a seemingly simple question in our discussion forum: “Is it a good idea for a board member to meet privately with a home owner to mediate a dispute?”
The first question our experts would like to know is who’s involved in the dispute? Is this a dispute between owners that maybe the board can avoid stepping into? Is this a dispute between an owner and the board? Is it maybe a dispute between board members? Or something we’re not even envisioning?
The answer could affect our experts’ opinions, but then again, it may not. “I’m not sure there’s a difference,” states Susan Hawks McClintic, co-managing shareholder and the chair of the community association transactional practice group at the law firm of Epsten Grinnell & Howell in San Diego.
“Even if it’s a dispute between two owners or if the association is involved, I’m guessing someone’s alleging a violation of the governing documents,” she notes. “With the new fair housing regulations, if one owner is harassing another, the association has some responsibility to step in.
“So regardless of where the dispute is, if it relates somehow to the association or a governing document violation, I think the association is in the same place of being forced to address it in some way,” notes McClintic. “And that may be telling the owner complaining the other owner isn’t in violation at all.”
The answer may also depend on the seriousness of the situation. If this is a quick, simple issue with a reasonable owner, Stephen M. Guerra, managing partner of Makower Abbate Guerra Wegner Vollmer in Farmington Hills, Mich., who practices primarily in condominium and subdivision association law, doesn’t have a problem with a one-on-one discussion.
“If a board member is saying, ‘Why don’t I reach out to this person and see if I can get this resolved rather than having the whole board get involved?’ I think that’s OK,” says Guerra. “If you know the owner and have a decent rapport, maybe it’s OK to deal with one on one.
“But board members need to know the difference between saying, ‘What if I just go talk to the guy and ask him to take his garbage can in?’ versus saying, ‘One on one, let’s talk about this approval to add a deck,’” explains Guerra. “In that second scenario, maybe you can run into issues of the owner claiming the board member gave him permission to build the deck.”
Find out the risk Guerra is pointing to in our new article:
https://www.hoaleader.com/members/3665.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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When an HOA Board Member Can Be a Suitable Mediator of Disputes
An HOAleader.com reader asks a seemingly simple question, but it's probably more complicated than it seems: "Is it a good idea for a board member to meet privately with a home owner to mediate a dispute?" Here, our experts offer their thoughts on this.
Click here to read full article:
https://www.hoaleader.com/members/When-HOA-Board-Member-Can-Be-Suitable-Mediator-Disputes.cfm
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Click here to read full article:
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Some HOAs and condos are approached by a telecom company and offered money to allow a cell tower to be placed on their property. Sweet--"free" money!
Click here to read full article:
https://www.hoaleader.com/members/Company-Wants-Put-Cell-Tower-on-Your-CondoHOA-Property-What-Consider.cfm
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7 Questions for Evaluating Your HOA's Assessment Level (And Possibly Reducing It)
Have you held your HOA's assessments steady for years? That may not be a good thing. Or if your HOA has raised them year after year, that also may not be good. Here, our experts offer up seven questions you should ask to determine whether your condo or HOA assessment level is too high or too low.
Click here to read full article:
https://www.hoaleader.com/members/7-Questions-for-Evaluating-Your-HOAs-Assessment-Level-And-Possibly-Reducing-It.cfm
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