HOAleader.com - Tip of the Week - July 13, 2018
Published: Fri, 07/13/18
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How HOA Community Standards are Like Pornography (We’re Making a Serious Point)
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In this week’s tip, we offer an HOAleader.com reader wants to know how an HOA can set community standards on owners’ maintenance of their homes.
It’ s an issue that’s long vexed associations. “It’s mostly a single-family home issue,” reports Kelly C. Elmore, a Chicago-based principal at Kovitz Shifrin Nesbit, which represents thousands of community associations throughout the metro area. “But it does create an issue when someone’s no longer maintaining their home in a standard that’s in compliance with the governing documents.
“The answer, and maybe it’s vague, is that it really does come down to what your governing documents say,” says Elmore. “Some are very, very clear on colors of paint, that grass must be mowed X amount of times per month, and that trash may not be placed in the front of property. Even if an association is facing an issue where they feel particular owners aren’t living up to the standard, it might be time to review the [HOA] rules and the declaration to see whether the board should make things more clear for the owners.”
Are associations typically allowed to fix the problem and bill the owners for the work? “I see that more in a condo association,” says Elmore. “Typically, certainly with respect to accessing someone’s home, generally there has to be something that threatens the health, welfare, or safety of residents or the common property. We don’t advise boards to go in and make changes. If they’re going to force an owner to do something or stop doing something, they might need to get a court order.
“When it comes to things like too-long grass or paint peeling, it will all come down to whatever the documents say,” states Elmore. “Generally, the association may have the authority to step in and fix problems, but it might still be a situation where you might need a court order.”
The biggest challenge you’ll face in enforcing community standards is that your idea of “needs paint” may differ from that of your fellow board members and also from that of the owner whose home you’re focused on.
In fact, the first thing that came to mind when asked about this issue for Joe Wloszek, a member at Hirzel Law in Farmington, Mich., which represents more than 100 community associations, was Supreme Court Justice Potter Steward’s famous characterization of pornography in Jacobellis v. Ohio more than 50 years ago: “I know it when I see it.”
Find out what he means and how his client fought an owner over a front-door color and a door knob in our new article:
https://www.hoaleader.com/members/3751.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Setting Community Standards for Maintaining Your HOA's Homes and Landscaping
An HOAleader.com reader has requested guidance on this issue, stating, When someone applies to build a house, they deal with the architecture review committee. But after homes are built and the years pass, people get concerned with the signs of wear and tear the homes experience and when the HOA must do something to encourage/compel the homeowner to do something--remove the mold, paint the house, clean up the trash, etc.
Click here to read full article:
https://www.hoaleader.com/members/Setting-Community-Standards-for-Maintaining-Your-HOAs-Homes-Landscaping.cfm
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To Bid Your HOA Contracts Out Or Not to Bid Them Out?
In this week's tip, we answer a question that a listener asked at HOAleader.com webinar--though we've broadened the question to help boards out.
Click here to read full article:
https://www.hoaleader.com/members/Bid-Your-HOA-Contracts-Out-Or-Not-Bid-Them-Out.cfm
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Major HOA Contracts and How Often You Should be Bidding Them Out
At HOAleader.com's May webinar, "Community Association Insurance Made Easy--and 10 Must-Have Endorsements to Save Money and Your Skin," a listener asked how often boards should bid out their insurance policies. Good question! Our experts agreed on the answer: Generally, they recommended doing that about every three to five years, though you might want to consider doing it earlier if you see rate hikes or a decline in service. The question is also a good one to consider for all the other contracts boards sign. So here our experts tell us how often you should be bidding out the most common HOA contracts.
Click here to read full article:
https://www.hoaleader.com/members/Major-HOA-Contracts-How-Often-You-Should-be-Bidding-Them-Out.cfm
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Here's a New Question: Is Citizenship Required for Board Service?
One of HOAleader.com's readers has a question about who qualifies for board service: From reading Florida statute on HOAs, it states that only someone from the United States or a territory can be a president or hold any role on an HOA board? If so, a person from Canada can't be president of a HOA in a condo or co-op in Florida?
Click here to read full article:
https://www.hoaleader.com/members/Heres-New-Question-Citizenship-Required-for-Board-Service.cfm
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Yea or Nay: Banning from Board Service Owners Who Threaten to Sue Your Condo/HOA
It makes sense that you could prevent someone who's currently in litigation with the association from serving on your board. But anybody who's ever threatened to sue the association? That's what we're hearing an association is trying to do. Here's input on whether that's wise or even workable.
Click here to read full article:
https://www.hoaleader.com/members/Yea-or-Nay-Banning-from-Board-Service-Owners-Who-Threaten-Sue-Your-CondoHOA.cfm
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