HOA Rules

Subtopics: Violations, Enforcement, Use Restrictions

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Resist Temptation! Don't Insert Yourself in HOA Owners' Rentals
January 22, 2016
In this week's tip, we give you a heads up on a debate started with comments in a recent HOAleader.com webinar on what boards must know to strengthen HOA rules and fine procedures. One of the panelists, Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Bloomington, Minn., who heads the law firm's community association representation group, said he advises his HOA board clients to stay out of the owners' processes for choosing renters. keep reading

Should You Get Involved in Renting HOA Owners' Units?
January 2016
Stay out of owners' processes for choosing renters. That was the advice at a recent HOAleader.com webinar on what boards must know to strengthen HOA rules and fine procedures. It came from one of the panelists, Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Bloomington, Minn., who heads the law firm's community association representation group. keep reading

Improve Your HOA Meetings: What You Need to Know about Robert's Rules and Other Parliamentary Procedures
Webinar on Demand
Watch this in-depth webinar led by two community association professionals experienced in advising boards on improving their operations--both are lawyers, and they have a combined four decades of experience helping boards make better decisions. You'll get a road map to help you decide what parliamentary procedures you should follow, and how to use them to improve relationships among board members and between board members and owners. keep reading

In the Thick of a Lawsuit with an HOA Owner, Think Twice Before Doing This
January 8, 2016
In this week's tip, we offer a suggestion to avoid torpedoing yourself in litigation. The issue stems from a question from a reader who's embroiled in litigation with the HOA over a drain pipe. In a new twist, the HOA is now alleging violations of pet rules, though the reader contends the board hasn't consistently enforced pet rules in the past. keep reading

If You're in a Lawsuit Against an HOA Owner, Is This a Good or Bad Idea?
January 2016
An HOAleader.com reader asks: "I live in [Los Angeles], and I'm in the middle of a lawsuit with my HOA. (The suit is over a common area, shared, drain pipe.) "I've been a condo owner in this building for 10 years. Recently the board sent me a letter stating I have to get rid of one of my dogs. I own two and have had them both since I purchased my unit. The three previous boards used to state, 'Our pet policy runs in accordance with the city,' which is three. The CC&Rs state, 'Only one dog or cat.' Other owners have two pets but haven't been sent this letter. keep reading

Can You Make Owners Insure Things the HOA is Responsible to Maintain?
December 2015
An HOAleader.com reader asks: "Are there any limits to a board's authority to add rules? Specifically, can a board add a rule to the association rule book that requires homeowners to purchase insurance to cover items the CC&R makes the board or association responsible for repairing or replacing? It would seem the association would be responsible for insuring what the association is responsible for repairing. It would also seem that such an insurance requirement belongs in the CC&R and not in association rules that can be added or amended by a simple board majority." keep reading

Group Homes are Sprouting Up in HOAs; What You Need to Know
December 2015
Group homes for all sorts of residents--from Alzheimer's patients to special-needs adults--are popping up in more and more HOAs. One of our experts has even run into the issue within his own community. "I haven't had it an association I represent, but I had it in the neighborhood where I live," explains Harry Styron, a community association attorney at Styron & Shilling in Ozark, Mo. "There's a recovery house--actually, there are several--for people with substance abuse problems. They live together, and there's a church that serves them located nearby. keep reading

You Won't Find This HOA and Owner Kissing Under the Mistletoe!
December 4, 2015
In this week's tip, we try to suss out who's naughty and who's nice when it comes to holiday lights. The question in Idaho is whether an HOA is acting like Scrooge over last year's festivities in a different location. Last Christmas, lawyer Jeremy Morris and his wife Kristy hosted a light show complete with carolers, Santa, and Dolly the camel at their home in Hayden, reports the Spokesman-Review. The word spread on Facebook, and thousands flocked to the spectacle, which raised funds for two charities. keep reading

Bah, Humbug! What If Owners Created Traffic with a Holiday Display--Last Year?
December 2015
A lawyer/homeowner is scoffing at his HOA's pre-emptive strike to curb a flashy Christmas display. Who's the Scrooge here? keep reading

HOA Rules are Awesome--If You Can Enforce Them
November 20, 2015
In this week's tip, we answer a reader's question about how to enforce an HOA's restrictions prohibiting owners to rent more than four times, each of less than 30 days, per year. All of our experts agree. Enforcing your rental restrictions is hard. keep reading

The Problem with Strict HOA Rules: Enforcement's a Pain!
November 2015
An HOAleader.com reader writes, "In 2009, we amended our decs to comply with [Colorado law] as well as to limit the number of short-term rentals--due to a unit that was going to be sold and 'fractionalized.' The short-term restriction is explicit in the docs. Each owner is allowed four short-term rentals (less than 30 days) per calendar year. This would allow homeowners to cover their quarterly dues during a downturn in the market. keep reading

Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
HOAleader.com On-Demand Webinar
Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful. Watch this in-depth webinar led by two community association experts: a lawyer with more than a decade 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. You'll get practical ideas, systems, and processes you and your condo or HOA board can begin to take advantage of the minute the webinar ends. Watch online instantly upon ordering. keep reading

What You Should Know About Bias Claim Against This HOA
November 6, 2015
In this week's tip, we offer up a real-life example of an HOA getting the message that it's dangerous to not enforce rules fairly and consistently. The risk? Claims of racial bias. On Sept. 17, 2015, the New York human rights agency revealed that its investigation supported Linda Abraham's 2014 claim that she was discriminated against by Patio Homes--the Kiamesha Shores Property Owners Association on the basis of her race, according to the Middleton, N.Y., Recordonline. keep reading

New York State Permits Racial Bias Claim Against HOA
November 2015
Here's why it's critical to enforce rules fairly and consistently: The New York State Division of Human Rights has determined there's probable cause for a black homeowner's claim that her HOA's inconsistent enforcement of its rules was the result of racial bias. Here we explain the agency's findings and offer insights to help you avoid similar accusations. keep reading

HOA Checklists: Your Road Map for an Entire
Year of Homeowner Association Operations HOA Checklists: Your Road Map for an Entire Year of Homeowner Association Operations
This report is intended to be your road map for an entire year of operations that you begin using today and turn to for years to come. It provides you with checklists compiled by our editorial team with substantial input from experts on HOA operations and management from across the country to ensure you're steering your association in the right direction and not letting crucial issues slip through the cracks. keep reading

HOA Fights Owners and Falls Short. The Painful Lessons
October 30, 2015
In this week's tip, we give you the skinny on a recent Missouri case in which an HOA lost a court fight to enforce its rules. In the case that may cause discomfort for HOA lawyers nationwide, Missouri homeowners won the right to keep a purple playground set their HOA had ordered them to remove. keep reading

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