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Should Your HOA Delay -- Not Ban -- Rentals?
May 2013
Some condo and homeowners associations forbid rentals altogether, but others are taking a different tack--banning rentals for a period of time, say one or two years. What are the pros and cons of a short-term, instead of an outright, ban? Here's the scoop. . . .
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Pros and Cons of Banning Yard Sales in Your Homeowners Association
April 2013
An HOAleader.com reader asks, "Are yard sales a good idea for a HOA? The board is concerned with the extra traffic it involves, plus the possibility of criminals casing our properties." Here our experts discuss whether their clients have rules governing yard sales--and whether they should. You might be surprised at their disagreement. . . .
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Guns and Your HOA: What to Know About "Concealed Carry" Laws
January 2013
Since the tragic massacre in Newtown, Conn., gun control has returned to the fore of legislative debate in Washington and in state capitals. In recent years, a growing number of states implemented laws that allow residents to carry a concealed weapon in public. Does your community association have the right to demand that owners leave their weapons outside common areas, like a clubhouse, pool, or meeting room? Here are some answers. . . .
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What's a Reasonable HOA Fee or Penalty?
November 2012
An HOAleader.com reader writes, "Our HOA is considering charging fees and penalties for noncompliance with our covenants and restrictions. What are some ideas on amounts to charge for violations? Example: Not repairing when given notice, not picking up dog poo? Need some feedback from other associations for different violations they charge for and how much." . . .
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Curbing Abusive Owners; Discussion Forum Follow-up
October 2012
An HOAleader.com reader writes about her abusive neighbor and asks, "Is there something the HOA can do to restrict this person from harassing the board and restrict him from meetings? The only thing in our bylaws is something referring to restricting an owner from using the common areas if they are past due on their owner dues. Can we amend our bylaws with something to restrict abusive, harassing owners?" Here are solutions. . . .
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Can You Just Change Rules You're Ignoring? Discussion Forum Follow-Up
August 2012
An HOAleader.com reader writes, "I'm part of a nine-member association in Minnesota, and we've been discussing reserves. We have a reserve provision in our bylaws but have historically used special assessments to pay for common area repairs (i.e., we have no reserves). Since our practice differs from our bylaws, we have agreed to change our bylaws to remove the reserve requirement and to restate what's common and what's not--to reflect how we actually behave today. So in the future we'd like to consider things like roofs to be aligned with the specific resident(s) vs the whole HOA. It's complicated in that eight of our nine units are really fancy duplexes, but we've agreed that we want to move expenses as close to home owner as possible and only share things that are truly common, such as our roads. Our complex is 15 years old. Aside from the risk of repair timing, variation, and likely neighborly conflict, are there any restrictions to us taking these actions? Also, what are we missing? I'm sure there are tons of things to think about (I've read the various documents on this website so I understand that our approach goes against convention)." Here our experts discuss the reserve issue and then the broader issue of ignoring your rules and then changing them to reflect your errant ways. . . .
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What's a Temporary Structure at an HOA?
July 2012
An HOAleader.com reader writes, "Are playsets considered a temporary structure? In our CCRs it states that no tent, utility shed, shack, trailer or other structure of a temporary nature shall be placed upon a lot or any part of the property. If a playset is a temporary structure, it should be denied under the CCRs. If it's denied for this reason, can the family sue the HOA on the basis of discrimination because of the children? This community has four families with children and the rest are retired. So if the playset were approved, then the retired group wants to know why they cannot put up a gazebo." . . .
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6 Tips for Balancing Election-Year Free Speech with HOA Rules
July 2012
A presidential election is just months away! That means it's a good time to review your HOA rules on political signs to ensure they allow owners to express their political preferences while keeping the community aesthetically pleasing. Here are five tips for creating and enforcing rules on political speech. . . .
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