HOAleader.com - Tip of the Week - September 21, 2018
Published: Fri, 09/21/18
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A Word to the Wise HOA or Condo Before November’s Elections
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In this week’s tip, with the national midterm elections a little over a month away, we discuss the idea of politicians using your common areas, along with how you should police signs and other political paraphernalia.
The issue is timely not only because of the election but also because California lawmakers recently gave themselves the unfettered right to campaign in associations’ common areas—and they don’t have to purchase insurance that covers anything that happens during their events on your property or even pay for your space.
This new law is “kind of a big deal,” reports Rian W. Jones, a shareholder and the civil litigation chair at the law firm of Epsten Grinnell & Howell in San Diego.
In fact, it put an end to a lawsuit one of his community association clients was in the midst of litigating—poof, done! Just like that!
Let’s back up. Here’s a summary of what the new law says. Community associations can’t prohibit their members from inviting public officials, candidates for public office, or representatives of homeowner organizations to meet on their grounds to meet with members, residents, or guests to speak on matters of public interest.
They also can’t prohibit political canvassing, nor can they ban parties from distributing lots of materials, including information about condo or HOA living, elections, or “other issues of concern to members.”
And if a resident or member brings people to the community for these types of activities, boards can’t impose a fee, a deposit, or require them to purchase insurance or pay the association’s premium or deducible for the privilege of being on site.
Jones’ case that ended as a result of the new law involved a dispute resulting from issues common to community associations and the use of their facilities. “We had an HOA where a religious organization had been using the common area for a while to have their services, but they wanted to have the services on Christmas and Easter, too,” explains Jones.
“The board said no, not on those days because the association would have to open up the area to the organization on those days, which meant staff would have to be away from their families to be there to staff the clubhouse for the organization,” he adds. “The board said, ‘We’re not going to have anyone holding religious meetings on those days.’”
The religious organization sued, claiming the association was discriminating against it. “When this law was enacted, the court we were dealing with signaled, without ruling, that it would be unreasonable to require the association to open its clubhouse on Christmas.”
That ended the litigation.
California isn’t the only state with laws on political issues. Get tips for avoiding conflict in your community in our new article:
https://www.hoaleader.com/members/3791.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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A Word to the Wise HOA or Condo Before November's Elections
In this week's tip, with the national midterm elections a little over a month away, we discuss the idea of politicians using your common areas, along with how you should police signs and other political paraphernalia.
Click here to read full article:
https://www.hoaleader.com/public/Word-Wise-HOA-or-Condo-Before-Novembers-Elections.cfm
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California Lawmakers Give Themselves Sweetheart Condo/HOA Deal; Do Yours Do the Same?
California lawmakers recently gave themselves the unfettered right to campaign in associations' common areas--and they don't have to purchase insurance that covers anything that happens during their events on your property or even pay for your space.
Click here to read full article:
https://www.hoaleader.com/members/California-Lawmakers-Give-Themselves-Sweetheart-CondoHOA-Deal-Do-Yours-Do-Same.cfm
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Why You Should Ignore Complaining Condo/HOA Owners Unless They File a Complaint
Picture it: You, dear board member, are walking through your common area. An owner walks by and says, "That Jones is still feeding the feral cats." You say, "Please submit a complaint, and the board will evaluate the issue." The owner's response: "I just did."
Click here to read full article:
https://www.hoaleader.com/members/Why-You-Should-Ignore-Complaining-CondoHOA-Owners-Unless-They-File-Complaint.cfm
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When You Need to Buck Up and Do Your Condo/HOA Board Member Job
In this week's tip, we raise a touchy subject: Are any of your board members afraid to do their job? We're talking about abstaining from votes. When is it wise? When is it a cop-out for a board member not to vote on a difficult issue? How should an abstention be "counted" in terms of a vote?
Click here to read full article:
https://www.hoaleader.com/public/When-You-Need-Buck-Up-Do-Your-CondoHOA-Board-Member-Job.cfm
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What's Abstention, When Should It Be Done, and How Do You Count It?
Board members sometimes abstain from votes. When is it wise? When is it a cop-out for a board member not to vote on a difficult issue? How should an abstention be "counted" in terms of a vote? Here are answers.
Click here to read full article:
https://www.hoaleader.com/members/Whats-Abstention-When-Should-It-Be-Done-How-Do-You-Count-It.cfm
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