HOAleader.com - Tip of the Week - May 17, 2019
Published: Fri, 05/17/19
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How to Streamline Your Condo/HOA's Gardening Approvals
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In this week’s tip, we give a reader a head start on creating a policy to allow owners to garden happily while following your association’s guidelines. It’s in response to a reader’s question stating that the association allows owners to garden in the common area but doesn’t want to approve every planting by those green-thumb owners.
We first want to explain why we think it’s wonderful that this reader and board want to create a policy. We love policies because they make your life easier and provide guidance to owners—both of which make for happier communities.
Without policies, you’ll increase your grief. “More often than not, I come to find out that my condo associations have allowed unit owners to make improvements in the common areas, and it becomes a slippery slope,” reports Steven R. Braten, a shareholder and head of the firm’s community association practice at Rosenbaum PLLC in West Palm Beach, Fla.; he has nearly 25 years’ experience representing community associations.
“You should have some specific guidelines as to what’s OK and not,” adds Braten. “Otherwise, what happens is what happens in a lot of my condo associations. There’s no rhyme or reason as to what everybody’s doing, and it creates an enforcement problem. The board didn’t have guidelines, or enforcement was too random or arbitrary.
“If you’re arbitrary, you won’t be able to bring a successful enforcement action,” he says. “I suggest boards have strict guidelines and follow strict enforcement. Otherwise, the big problem is policing what they allow, and that becomes a problem.”
Though approaching the question from a slightly different angle, that’s also the thinking of Mary Arnold, CMCA®, AMS®, the Austin, Texas-based vice president of operations of the community manager success group at RealManage, an association management firm headquartered in Dallas, Texas, that oversees properties in Arizona, California, Colorado, Florida, Louisiana, Nevada, and Texas.
“A policy is actually a good idea because you can’t regulate personal tastes,” she explains. “What’s a work of art to one person is abominable to someone else. Then when you ask owners to submit a form to seek approval and you start approving some requests and not others, you run the risk of being accused of inconsistent treatment.
“And you don’t want to say, ‘You can’t put anything in a common area,’” adds Arnold. “You want to build a community, not just have a place where people live.”
How can our reader begin drafting a policy that provides clarity and saves time? Read our experts’ advice in our new article:
https://www.hoaleader.com/members/3912.cfm
Best regards,
Matt Humphrey
President
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Upcoming Event -- THIS THURSDAY!
How to Prevent Today's Climate of Tension and Anger from Taking Hold at Your Condo or HOA
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, May 23, 2019 -- This week!
2:00 p.m. Eastern
Learn more or register now:
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Recent articles posted at HOAleader.com:
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Condo/HOA Gardening Policy Dos and Don'ts
An HOAleader.com reader asks, "We're a condominium regime (two units per building like garden homes; 21 buildings total). Our master deed states that anything put in the common area has to be approved by our board in writing.
Click here to read full article:
https://www.hoaleader.com/members/CondoHOA-Gardening-Policy-Dos-Donts.cfm
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Experts: Debit Cards Are Too Loosey-Goosey for Condo/HOA Finances
We caution a reader on having too-flexible financial processes in this week's tip. It's in response to an HOAleader.com reader's question: "We're a small condominium in Florida. In the past, we've used a condo debit card to allow residents to purchase small maintenance items or to purchase food for gatherings. We've been told that debit cards can't be used by condominiums in Florida.
Click here to read full article:
https://www.hoaleader.com/public/Experts-Debit-Cards-Are-Too-LooseyGoosey-for-CondoHOA-Finances.cfm
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Is That Condo/HOA Owner Competent Enough to be Sued?
A recent Utah case, Blackhawk Townhouses v. JS, highlights a unique situation, but one that could happen to any HOA. An association sued over an owner's delinquency. That's common enough.
Click here to read full article:
https://www.hoaleader.com/members/That-CondoHOA-Owner-Competent-Enough-be-Sued.cfm
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How Not to Reimburse Owners and Board Members for Condo/HOA Expenses
An HOAleader.com reader writes: "We're a small condominium in Florida. In the past, we've used a condo debit card to allow residents to purchase small maintenance items or to purchase food for gatherings. We've been told that debit cards can't be used by condominiums in Florida.
Click here to read full article:
https://www.hoaleader.com/members/How-Not-Reimburse-Owners-Board-Members-for-CondoHOA-Expenses.cfm
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Holy Cow! Our Reader Is Right: This Can't Go On At This HOA
An HOAleader.com reader asks, "I'm a part of a 100-plus unit association in Texas. We've incurred more than $17,000 in credit card fees from owners paying online. Can we charge a convenience fee for this service to offset the expense? I'm wondering if the board could call it a 'use assessment.' What do you do to collect in a timely manner and offset this expense? I don't think that this can go on."
Click here to read full article:
https://www.hoaleader.com/members/Holy-Cow-Our-Reader-Right-This-Cant-Go-On-At-This-HOA.cfm
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Special Report Download
HOA Debt Collection from A to Z:
How to Create and Implement a Debt Collection System at Your HOA
At HOAleader.com, debt collection has always been one of the most popular topics on our site. Perhaps it's because this is one of an HOA board's fundamental tasks--and because it can be fraught with emotion and conflict--conscientious board members are eager to know how to collect the money their association is due from members unwilling or unable to meet their obligations.
In this report, our editorial team and experts on HOA law, management, and collections from across the country provide information you can begin implementing immediately to collect money due your association more quickly and easily.
Members can download this report now:
https://www.hoaleader.com/public/HOA-Debt-Collection-Special-Report.cfm
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