HOAleader.com - Tip of the Week - July 19, 2019

Published: Fri, 07/19/19

HOAleader.com - Tip of the Week - July 19, 2019

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Condo/HOA Access: The Key Points About Fob Systems

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In this week’s tip, we “secure” some information for you on key fobs (we know: that was a groaner!).

The great benefit of key fobs is that you can deactivate them when you need to get owners to pay up or begin complying with rules. Sweet!

That, however, isn’t the only factor you need to weigh before switching to fobs. Here, we “unlock” (all right, we’ll stop!) the mysteries of fob systems.

Implementing access control to the community and its common elements is an effective way to help ensure compliance with community guidelines, says Zuly Maribona, LCAM, a vice president at KW Property Management who leads the company’s Region 2 office headquartered in Bonita Springs, Fla.

“The technology is advancing and becoming both more common at home and work and simpler and more convenient for residents,” she says. “That aids in compliance and their general acceptance.”

That may be why it’s a common topic for our experts. “We definitely talk with boards about key fobs—they’re pretty common these days,” reports Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who’s specialized in community association law for 19 years. “Personally, I usually do support the fob system, assuming it’s a system that allows the association to activate and inactivate fobs remotely and track who’s got the fobs.

“For example, I was at a meeting a few nights ago in an association with a clubhouse and pool where people access the pool through a fob card,” she states. “The community doesn’t have cameras. But when they have an incident or someone’s at the pool after hours and does some damage, they can see if there was a fob card used after hours to access the pool. That allows them to have a better idea of who might have been out there.

“Also, when owners are delinquent and not allowed to use the pool anymore, it’s easier to deactivate the fob card than to say, ‘Give us back the pool key,’” says Gilbert. “You have to have the right to suspend use of facilities in your documents. To amend your documents to allow that, it usually requires a homeowner vote because you’re taking away someone’s right.”

In Ohio, it’s permissible to suspend the use of some facilities when owners are delinquent, says Jeffrey Kaman, a partner at Kaman & Cusimano, which represents condo and HOA associations throughout Ohio. “We’re not involved a whole lot in key fob issues—they’re more of a management issue,” he says. “To the extent we are involved, it’s in trying to restrict access, especially to those people who are delinquent. Here, associations can suspend the use of recreational facilities for owners who are delinquent. A lot of our associations have a key pad or a fob system, and if they don’t, many are looking at it.”

The systems, however, can be expensive and technically challenging. Check out our new article, What to Consider Before Your Condo/HOA Implements a Key Fob System, to find out more: https://www.hoaleader.com/members/3951.cfm

Best regards,
Matt Humphrey
President

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Special Report Download:

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HOA Reserves, Special Assessments, Loans & More:
A Homeowners Association Board Member's Guide to HOA Funding Options

An exclusive report for HOA and condo boards from HOAleader.com

The best-run HOAs have boards that are smart with money. Those boards manage their owners' money with care, and when they have unplanned projects that require additional funding, they're equally methodical and thoughtful.

In this special report, you'll discover tips and guidance on funding options from HOAleader.com's expert contributors — professionals who've devoted their careers to serving and advising homeowners associations. Governing documents and state laws vary, but this information will help you understand how your association can meet all of its financial needs — and thrive.

Members can download the report now:
https://www.hoaleader.com/public/HOA-Reserves-Special-Assessments-Loans.cfm

Not a member yet? Start your free trial membership and download your copy today:
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Recent articles posted at HOAleader.com:

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Religion in Your HOA or Condo: How to Handle the Complicated Issues Surrounding Religion in Your HOA or Condo Without Getting Sued

Watch this information-filled webinar led by two community association lawyers with decades of hands-on experience in advising associations. In just one hour, you'll learn how to wisely address issues related to religion when they arise at your condo or HOA.

Click here to watch the webinar:
https://www.hoaleader.com/products/religion-in-your-hoa-condo-webinar-b.cfm

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Condo Board Seeks to Shut Down Former Board Member Through Eviction (Yes, Eviction)

Is there a lesson in a case before a Chicago trial court? In this messy fight, a condo board is suing a former board member/owner for costs it has incurred in responding to his frequent lawsuits, requests for records, and so on. But it's also suing to have this owner evicted.

Click here to read full article:
https://www.hoaleader.com/members/Condo-Board-Seeks-Shut-Down-Former-Board-Member-Through-Eviction-Yes-Eviction.cfm

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How a Recent U.S. Supreme Court Case Affects Community Associations

The nation's high court held in Obduskey v. McCarthy & Holthus that a law firm that sent a letter in connection with a nonjudicial foreclosure proceeding was not acting as a "debt collector" under the Fair Debt Collection Practices Act. Therefore, the homeowner couldn't undo the foreclosure process.

Click here to read full article:
https://www.hoaleader.com/members/How-Recent-US-Supreme-Court-Case-Affects-Community-Associations.cfm

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7 Common Condo/HOA terms and Concepts That Are Often Misunderstood

If we opened up a thread on our discussion forum asking our experts to list the things that confuse their community association members the most, it would probably reach 100 responses lickety split. Here, a few of our experts list the seven that they see more than they prefer.

Click here to read full article:
https://www.hoaleader.com/members/7-Common-CondoHOA-terms-Concepts-That-Are-Often-Misunderstood.cfm

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Can Your Condo/HOA Eliminate the Quorum Requirements in Your Documents?

A California community association lawyer recently boldly advised board members that they should consider eliminating any quorum requirements in their governing documents to defeat the persistent challenge of low voter turnout at elections.

Click here to read full article:
https://www.hoaleader.com/members/Can-Your-CondoHOA-Eliminate-Quorum-Requirements-in-Your-Documents.cfm

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