HOAleader.com - Tip of the Week - August 24, 2018
Published: Fri, 08/24/18
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Board Member Poaches Condo Common Area, and Board Approves; But Maybe It's Fine?
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In this week's tip, we answer a reader's question about how to handle a board member planting in a common area and the rest of the board's after-the-fact approval of that violation.
This seems like a no brainer -- owners shouldn't plant in a condo's common area. But some of our experts say the decision requires more nuance and that this might not be a bad thing.
Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who's represented associations for decades, takes an absolutist view of this situation.
"I'm not sure exactly what the facts are here," he says. "But based on the reader's question, this is an unpermitted trespass. What the owner has done is said, 'I'm going to try to expand my dominion and control over common property so people think it's my garden.' But it's not.
"Also, the other directors are legally and ethically required and have a fiduciary obligation to tell the director to remove the plants or to restore the property to its original condition," contends Shields. "This is an attempt by a board member to colonize common area property for the board member's own use. This is self-dealing at its worst."
Taking a different view is Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations.
"I think this is fine," he says. "Condo units are a person's home; they may be cookie-cutter, and uniformity is key to increasing the value of the units. But if somebody does something nice to increase the value, there should never be a problem with that.
"We're all adults, and usually the [governing] documents say you can't do anything to the common area without the permission of the board," he adds. "But if someone plants a bunch of flowers in the common area, people will drive home and see them and say, 'Aaaah, I'm home; this looks nice.' As long as the person who planted them is tending to them and the flowers look nice, why would anybody have a problem with that?
"I had one association where there were townhouse-style condos in a row," he recalls. "One owner planted, well past their rear deck, beautiful flowers everywhere. Another owner was upset and pointed out that was a common area. A local real estate agent was selling a unit and said it looked beautiful and increased the value. Just because the owner didn't have permission doesn't mean it's bad."
Ducharme is talking about pretty flowers. Would his answer change if the reader's question actually involved nonflowering plants like tomatoes, zucchini, and cucumbers? Find out, and get another expert's test for how to handle this situation every time, in our new article:
https://www.hoaleader.com/members/3775.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Board Member Poaches Condo Common Area, and Board Approves; But Maybe It's Fine?
In this week's tip, we answer a reader's question about how to handle a board member planting in a common area and the rest of the board's after-the-fact approval of that violation.
Click here to read full article:
https://www.hoaleader.com/public/Board-Member-Poaches-Condo-Common-Area-Board-Approves-But-Maybe-Its-Fine.cfm
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A Board Member's and a Board's Simple Decisions Could Have Damaging Effects -- Or No Effect At All
Looking for a way to lose trust for the board within your community? If what this HOAleader.com reader writes is true, we may have found the answer: How is an unbiased decision reached by the board of directors when a director's garden is already planted in the condo common grounds, and written permission is requested after the fact?
Click here to read full article:
https://www.hoaleader.com/members/Board-Members-Boards-Simple-Decisions-Could-Have-Damaging-Effects-Or-No-Effect-At-All.cfm
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Appellate Court Upholds Jury Decision Against Condo Owner Demanding a Dog-Free Elevator
An Illinois federal court has upheld a jury's finding that a fear of dogs wasn't a disability that warranted a condo's accommodation of an elevator free from dogs.
Click here to read full article:
https://www.hoaleader.com/members/Appellate-Court-Upholds-Jury-Decision-Against-Condo-Owner-Demanding-DogFree-Elevator.cfm
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Don't Just Hold an HOA or Condo Meeting: Run It!
In this week's tip, we offer suggestions that will give you more time to spend with your family. Or your dog. Or your cat. Or by yourself. Whatever you want to do, we think you should have more time to do it. And we can get you there by making your meetings more efficient without violating any laws or rules and while still allowing your owners to feel heard.
Click here to read full article:
https://www.hoaleader.com/public/Dont-Just-Hold-HOA-or-Condo-Meeting-Run-It.cfm
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4 Ways to Shorten Your Condo or HOA Meetings
Do your association meetings seem to drag on into the wee hours of the night? Do you believe you'd get much better attendance if they weren't so long?
Click here to read full article:
https://www.hoaleader.com/members/4-Ways-Shorten-Your-Condo-or-HOA-Meetings.cfm
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