HOAleader.com - Tip of the Week - October 25, 2019
Published: Fri, 10/25/19
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More New Condo/HOA Tech: License Plate Readers
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In this week's tip, we respond to a report that HOAs in Alabama have installed devices that capture images of auto license plates as the cars enter and exit the community. We ask: Is this wise or are these associations taking on more liability for security than is required by law?
Our experts are on board with this new tech.
"I have a number of associations that, when people drive in, we definitely get a picture of your license plate," reports Barbara Holland, CPM, regional manager for FirstService Residential in Las Vegas. "Believe it or not, it has been useful. And there's nothing wrong with it. I don't think there's any increased liability for the association.
"We had a person who came in and was driving erratically," she recalls. "That person caused damage. We had not only a picture of the car but also the license plate. So I don't think this is a bad idea. It's just another form of recording who comes into the community."
That's also the view of Frank Simone, general counsel at KW Property Management in Miami. Simone is on the board of his own condo association, but he doesn't represent or advise community associations in his legal role at the management company. "Some communities have end gates that stop every visitor, and a person takes their physical license. That will also capture license plates. The purpose is to maintain and preserve a record of who was there so they can assist the police officer assigned to the area as well."
Simone doesn't think this practice increases an association's liability for security. "Nowadays, every lawsuit involving something that's happened in a condo or HOA includes a claim of negligent security, so it's something every association is concerned with," he states. "Every violent act that happens — and I've seen it even with neighbors who are legally entitled to be in the community — guess who gets sued? The association. The claim is that they knew or should have known that was a dangerous person. So I think that anything you can do to preserve the record may not be a bad thing."
Our experts have a few tips to ensure you handle these cameras the best and smartest way possible. Read about them in our new article: https://www.hoaleader.com/members/4004.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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By All Means, Get Your Condo/HOA Attorney Involved in Amendments
An HOAleader.com reader asks a question that will give community association lawyers the vapors: "Our HOA is in the process of totally revamping our declarations and covenants. Our question is: Do we need to have our attorney draw up these documents and, if not, would the documents be valid without the attorney drafting them?"
Click here to read full article:
https://www.hoaleader.com/members/By-All-Means-Get-Your-CondoHOA-Attorney-Involved-in-Amendments.cfm
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Condo/HOA Board Members: 4 Steps for Handling Your Old Records
An HOAleader.com reader asks, "I've got almost four years of board packets I keep in my home. I've been on the board that long. Since the hard copy is available online, I'd like to turn my oldest packets in for destruction; they're no good to me and wasting a lot of space!"
Click here to read full article:
https://www.hoaleader.com/members/Condo-HOA-Board-Members-4-Steps-for-Handling-Your-Old-Records.cfm
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Can Condos/HOAs Undo a Decision to Grandfather?
An HOAleader.com reader writes, "Can grandfathering be reversed? Our HOA board decided on its own to grandfather deed restriction violators. Now we're faced with garbage for an eternity. What can be done? Can a new board reverse this awful decision? We want to allow the current homeowners to be grandfathered but not new owners."
Click here to read full article:
https://www.hoaleader.com/members/Can-Condos-HOAs-Undo-Decision-Grandfather.cfm
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HOA Driveways: Who Maintains Them?
An HOAleader.com reader writes, "Each home (we have free-standing homes — not a condo or duplex) has a driveway, leading into the garage for each individual home. In my opinion, a driveway leading into a garage for that specific home isn't common property but rather private property for each individual homeowner. I believe each homeowner is responsible for the maintenance and upkeep of their own driveway."
Click here to read full article:
https://www.hoaleader.com/members/HOA-Driveways-Who-Maintains-Them.cfm
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Special Report
HOA Policies: 25 Sample Policies Every Homeowners Association Board of Directors Should Consider
In this newly updated and expanded special report, we lay the groundwork for your HOA board to draft policies and procedures governing a broad scope of condo or homeowners association life by providing you with 25 sample policies released exclusively to you by HOAleader.com's expert contributors.
Click here for the special report:
https://www.hoaleader.com/public/HOA-Policies.cfm
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