HOA Rules

Subtopics: Violations, Enforcement, Use Restrictions

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California Court Hands HOAs a Big Win on Rule Enforcement
August 14, 2015
In this week's tip, we discuss a California court case that our experts are universally calling really, really good news for HOAs. In The Villas in Whispering Palms v. Tempkin, an appellate court OK'd a board's "resetting" of its enforcement of a pet rule. keep reading

How an HOA Board Got Back on Track in Enforcing Rules
August 2015
A recent California appellate case provides a nice roadmap for HOAs that have slacked in enforcing their rules but want to get back on track. In The Villas in Whispering Palms v. Tempkin, the court OK'd a board's "resetting" of its enforcement of a pet rule. Here we explain the case and offer lessons if your board wants to fix its inconsistent enforcement of rules. keep reading

Veterans Claim They Were Denied Access to HOA Pool
August 2015
A retired military couple is raising a ruckus because, as renters, they were being denied access to their HOA's pool on the basis that the HOA's rules require an owner to be present. Is it smart for HOAs to have owners-only rules? On the flip side, if the rule is enforceable, does the renters' status as veterans mean it shouldn't be enforced against them? keep reading

How to Make Owners Follow the Rules--After the Fact
July 31, 2015
A California HOA recently sought an injunction against an owner who'd installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures--like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas--and the court agreed those measures were reasonable. keep reading

Is This Condo Association Being Too Nice?
July 2015
A California HOA recently sought an injunction against an owner who'd installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures--like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas--and the court agreed those measures were reasonable. keep reading

Oh, Pooh! A HOA Doggie DNA Database May Solve Your Problems
July 2015
Yes, owners should pick up after their dogs. But association boards and residents may be going off the rails to ensure enforcement of that very common rule. An Illinois man was recently arrested in the hallway of a condo association allegedly waiting with a shotgun to scare another owner who supposedly didn't pick up after a dog. Other HOAs are now requiring doggie DNA to clean up their problem. Here we discuss the proper response when your HOA find itself in deep doo doo. keep reading

HOA Accused of Throttling Speech
July 2015
The board at the Tiber Island Cooperative Homes in Washington, D.C., passed a rule restricting owners' speech rights after dissenters began challenging the board. A shareholder, John Jordon, opposed the change and is now publicizing the issue--including getting the ACLU involved and writing about it in a Washington Post article. Here we discuss what happened and offer tips to protect speech while also providing a reasonable way for owners to offer feedback. keep reading

New HOA Board Members? Here's How to Run a Successful Board Orientation
On-Demand Webinar
Want your condo or homeowner association board to operate effectively, no matter how many members come and go over time? It's not a pipe dream. It's an achievable reality if you create and implement a new-board orientation to help just-elected or just-appointed members hit the ground running. Watch this on-demand webinar to hear from two experienced community association lawyers everything you need to know to craft an effective and timeless new-board orientation program. keep reading

Your HOA May Be Able to Relax Its Parliamentary Procedures. Here's Why.
July 10, 2015
In this week's tip, we keep the discussion going on a recent article that triggered reader responses. The topic: The ongoing debate in the HOA community over whether Robert's Rules of Order are worth using if your HOA has the option to decline to adopt them. One of our readers raised an interesting issue, and that's whether you can loosen Robert's Rules depending on the type of meeting you're conducting: "Where most professionals get confused is that parliamentary procedure for boards is supposed to be much more relaxed than for larger membership meetings." We've contacted an expert to get the answer. keep reading

More on Robert's Rules: Should You Loosen Up Your HOA Meetings?
July 2015
Recently, we reported on a debate in the HOA community over whether Robert's Rules of Order are worth using if your HOA has the option to decline to adopt them. That prompted several HOAleader.com readers to write in offering additional insights on the use of the parliamentary procedures. keep reading

How One Arizona HOA Battled Criminals
June 19, 2015
Our experts hesitate to advise their clients to take on the responsibility for crime fighting. In this week's tip, we highlight an Arizona HOA that's doing just the opposite. The Circle Tree Owners Association in Mesa is made up of 250 condos, and it used to be a mess, says homeowner and manager David Russell. keep reading

Arizona HOA Changes Rules: No Sex Offenders or Felons--Part 2
June 2015
An Arizona HOA has passed new rules to restrict residency from certain convicts. In Part 1, an owner and manager of the HOA explains the whys and hows of his HOA's tactic to maintain the low-crime conditions the community. Here in Part 2, our legal experts discuss the pros and cons of this HOA's moves. keep reading

Arizona HOA Changes Rules: No Sex Offenders or Felons--Part 1
June 2015
An Arizona HOA has passed new rules to restrict residency from certain convicts. Here in Part 1, the manager of the HOA explains the whys and hows of his HOA's tactic to improve the community. In Part 2, our legal experts discuss the pros and cons of this HOA's moves. keep reading

Tips to Ensure Safety in Your HOA Pool
June 2015
Pools are opening at HOAs across the country now. Here our experts suggest four rules and practices to ensure HOAs meet the standard of safety they're required to uphold. keep reading

HOA to Owners: Drought or Not, Artificial Turf Is a No Go
June 12, 2015
In this week's tip, we continue to update you on fast-moving events in drought-stricken California, where HOAs are beginning to deal with the effects of the drought and recently enacted water restrictions. (Keep reading if you're not in California; we promise you'll still learn something valuable about HOA management.) keep reading

California Drought Fallout: Fined for Fake Grass
June 2015
California HOAs are beginning to deal with the effects of the drought and recently enacted water restrictions. Kicking it off is an HOA that has just fined owners for installing artificial turf. Sounds extreme, but there's more to this story than it seems. Here we explain the facts and talk about the pros and cons of this HOA's approach to the owner's move. keep reading

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