HOA Rents Out Home It Doesn’t Own
The owner of a home in a Wesley Chapel, Fla., development was shocked to find out that her tenant had been evicted by the homeowner's association, which changed the locks and moved in its own renter. The owner said that the home hasn't been foreclosed on, but that the association still has taken it over. Now, a legal battle is heating up over whether the eviction is legal. Some HOA legal experts said that it might be, because the owner moved a tenant into her house without paying off a lien the association had imposed.
Implement Employee Email Usage Policy
Community association management offices commonly use email as their main communication tool. Because of that, your employees may need to frequently send and receive emails in order to do their jobs. However, personal or inappropriate emails that come from your management company or association's email system could, at the very least, reflect poorly on your ability to manage your staff and also on the community, and at the worst, make you or the association liable if the emails cause any damage.
Avoiding HOA Rule Selective Enforcement Claims
Do Board Members’ Oral Promises Trump Declaration?
Q I live in a small condo co-op. When I've seen board members in the building, we've discussed that portions of the balcony outside my unit need to be either repaired or replaced. They've agreed that the association should be responsible for the cost of this and similar repairs to other units in the building. But when I formally asked the association to pay for the repairs, it said that it's my responsibility under the declaration and bylaws.
Manager Had Knowledge of Association’s Fair Housing Violation
Facts: A son submitted one application for himself and another for his mother to rent two units in a condo building that was run by an association. The lease for the son's unit was conditioned on approval of the lease for both units. Along with their applications, the mother and son requested an exception to the association's no-pet policy so that the 95-year-old mother, who suffered from mental and physical disabilities, could keep her emotional support dog.
Avoid Liability for Member Hazards in Age-Restricted Community
Age-restricted communities provide a great alternative for elderly people who want to stay active and remain in their homes rather than move into to a nursing or assisted living facility. If you manage an age-restricted community, you'll face some special management concerns about the declining health of the community's members. As time goes on and residents get older, some may start to suffer from dementia or other mental problems that can lead to sometimes violent or otherwise dangerous behavior.
HOA Flood Rebates Nixed by FEMA
Florida condos and HOAs may soon be weathering a financial storm, thanks to the Federal Emergency Management Agency (FEMA). FEMA announced recently that it will prohibit continued rebating of amounts paid for flood insurance in the Sunshine State. Many Florida communities that are susceptible to natural disasters there, including hurricanes, currently receive these rebates.
In an April memorandum, the federal government ended the practice of providing associations with rebates on flood insurance premiums. The change will take effect on Oct. 1, 2012.
Bill Shields Developers from HOA Claims of Shoddy Work
Don’t Let Painting Contractor Set Terms of Job
If your community's spring cleaning plans include painting, don't agree to a “time and materials” paint job, where the contractor charges you at the end of the job for all the time it spent on the job and the materials it bought to do the job. With time and materials jobs, you run the risk of having an inflated bill. There are too many variables involved in a painting job that can add to the cost in that type of agreement.