HOAleader.com - Tip of the Week - November 15, 2019
Published: Fri, 11/15/19
=================================================================
Condo/HOA Contract Autorenewal: Tactics That May Work in Unrenewing
=================================================================
In this week's tip, we answer two HOAleader.com readers' questions seeking the same advice: Can we get out of an autorenewed contract?
Our first reader essentially asks: If the contract was signed by the parties on different days, is it valid? And doesn't an autorenewal require new signatures at renewal?
The second reader asks if a misidentification of the association in the contract is valid grounds for termination.
Sadly, for our first reader, the fact that the representative of the association signed on a different date than the representative of the management company is not a problem and actually very common.
"For most of the parties I represent, nobody really signs in the same room at the same time anymore given the electronic age we're in," says Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who has specialized in community association law for 19 years. "That's very common and irrelevant."
That's also the analysis of 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. "I don't think that's going to fly," he says.
Joining the chorus is Phaedra J. Howard, a partner specializing in community association law at Hellmuth & Johnson PLLC in Edina, Minn. "Contract law says a contract becomes effective on the date the last party signed it unless a different date is stated in the contract," she explains. "So that's not an issue."
What about a requirement for new signatures for autorenewal? Nope, that's not going to fly, either. "I don't think you need a new signature because there's been a board change or a new president," says Braten.
However, our experts have a few suggestions that might actually help our first reader get out of the contract. They also have suggestions for our second reader. Read more in our new article: https://www.hoaleader.com/members/4016.cfm
Best regards,
Matt Humphrey
President
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Trends in Condo/HOA Holiday Decoration Rules (Hint: We Said Holiday)
Some associations regulate the type and duration of, and other aspects surrounding, holiday decorations. Are more joining the bandwagon? Here, we ask our experts whether their association clients actually regulate them, what types of provisions are in these HOA rules, and what's trending when it comes to holiday decoration rules.
Click here to read full article:
https://www.hoaleader.com/members/Trends-in-Condo-HOA-Holiday-Decoration-Rules-Hint-We-Said-Holiday.cfm
=================================================================
The 9 Most Pressing Issues for Condo/HOA Boards in the New Year
Join us for a must-attend webinar on December 12 where you'll hear from three community association experts with decades of experience in advising associations and tracking trends that will affect boards like yours.
Click here to learn more:
https://www.hoaleader.com/products/9-issues-for-hoa-boards-new-year-a.cfm
=================================================================
Why Should You Create Condo/HOA Committee Charters, and What Should You Include?
An HOAleader.com reader wants to know what a committee charter should look like. Here's a primer on why to have them and useful information to include.
Click here to read full article:
https://www.hoaleader.com/members/Why-Should-You-Create-CondoHOA-Committee-Charters-What-Should-You-Include.cfm
=================================================================
How Much Disaster Planning Can You Do Without Increasing Your Condo/HOA's Liability?
An HOAleader.com reader has called us out. Our reader writes, "I received your response to my original question regarding the liability an HOA might encounter in attempting to put in place a plan, particularly for a high-rise building, for response to a major disaster such as an earthquake — basically, 'We don't give legal advice.'"
Click here to read full article:
https://www.hoaleader.com/members/How-Much-Disaster-Planning-Can-You-Do-Without-Increasing-Your-CondoHOAs-Liability.cfm
=================================================================
Easier Enforcement of Your HOA's Rules
Watch this information-filled webinar led by two community association experts: a lawyer with more than four decades of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager with insights on the day-to-day operations of rules enforcement.
Click here for the webinar:
https://www.hoaleader.com/products/easier-enforcement-rules-hoa-b.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to
others.
Copyright 2019, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com