HOAleader.com - Tip of the Week - July 27, 2018
Published: Fri, 07/27/18
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An HOA Situation So Rare, Our Expert Thinks This HOA May Be Doing It Wrong
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In this week’s tip, we answer an HOAleader.com reader’s question about how an independent, elected architectural review committee can get the HOA board to quit trying to influence the committee.
This issue may need some clarification before our experts could offer definitive advice.
“This may actually come down to the definition of a committee versus a commission,” asserts Kelly C. Elmore, a Chicago-based principal at Kovitz Shifrin Nesbit, which represents thousands of community associations throughout the metro area.
“That distinction was clarified in Illinois in Palm vs. 2800 Lake Shore Drive Condominium Association several years ago,” she explains. “A commission is an arm of the board. If you have an architectural commission, they investigate and come back to the board with a recommendation.
“If a committee is truly formed as a separate committee that has authoritative power—and most people in associations use the term ‘committee’ when they mean to use ‘commission’—that means you have a separate charter stating, ‘This is what the committee is supposed to do,’ and it can function independently,” adds Elmore. “The governing documents will tell if the board has the authority to overrule a committee.”
The upshot: “Look at the governing documents,” advises Elmore. “I think a lot of documents continue to reserve a lot of control for the board. It’s rare that the board has no influence.”
So assume that this body is truly independent of the board. That would be a unique situation.
“I’ve seen only one time where an independent road committee was set up separate from the board and elected by the membership and not by the board,” reports Joe Wloszek, a member at Hirzel Law in Farmington, Mich., which represents more than 100 community associations; he lived in a condo for seven years and now lives in an HOA.
“Typically ARC members are selected for or appointed by the board,” notes Wloszek. “That’s one of the greatest powers the board has, which is to put people on that committee who support their position or whom they can trust to make independent decisions.”
In fact, this type of independence is so rare that one of our experts thinks there’s a mistake somewhere. Our new article, When an HOA Committee Is Totally Independent of the Board, explains why. You can read it here:
https://www.hoaleader.com/members/3756.cfm
Best regards,
Matt Humphrey
President
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Special Report Download
HOA Policies: 17 Sample Policies Every Homeowners Association Board of Directors Should Consider
In this special report, we lay the groundwork for your HOA board to draft policies and procedures governing a broad scope of condo or homeowners association life by providing you with 17 sample policies released exclusively to you by HOAleader.com's expert contributors.
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Recent articles posted at HOAleader.com:
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When an HOA Committee Is Totally Independent of the Board
An HOAleader.com reader asks, How can an HOA board influence or control rulings of an independent architectural review committee established under a declaration with members elected directly by HOA membership?
Click here to read full article:
https://www.hoaleader.com/members/When-HOA-Committee-Totally-Independent-Board.cfm
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California HOA Slammed in Case Over Member's Facebook Posts
A California court has tagged a HOA for a $2 million award in favor of a fired golf pro. He claimed defamation of character by the HOA's general manager over a member's Facebook posts implying he was a pedophile and drank on the job. Here's what we know about the case and what it means in your world.
Click here to read full article:
https://www.hoaleader.com/members/California-HOA-Slammed-in-Case-Over-Members-Facebook-Posts.cfm
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How to Handle the Growing Challenges of Service and Emotional Support Animals
Watch this information-filled webinar where two experts with extensive experience in fair housing issues and law will tell you how you should and probably shouldn't respond to owners' requests for accommodation for any animal.
Click here to read full article:
https://www.hoaleader.com/products/service-and-emotional-support-animals-challenges-b.cfm
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Things You Never Thought You'd Say to HOA Owners: Your Weed Smoking is a Drag: Please Eat a Gummy Bear Instead
In this week's tip, we discuss your owners' use of weed. A growing number of states have made not just medical marijuana legal, but they've also legalized its recreational use--which means that more and more of your residents may be smoking weed in their home.
Click here to read full article:
https://www.hoaleader.com/public/Things-You-Never-Thought-Youd-Say-HOA-Owners-Your-Weed-Smoking-Drag-Please-Eat-Gummy-Bear-Instead.cfm
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State Rules on Marijuana Use Change: Should Your HOA Policies Change, Too?
A growing number of states have made not just medical marijuana legal, but they've also legalized its recreational use--which means that more and more of your residents may be smoking weed in their home.
Click here to read full article:
https://www.hoaleader.com/members/State-Rules-on-Marijuana-Use-Change-Should-Your-HOA-Policies-Change-Too.cfm
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