1 / 21

Document Enforcement Strategies for Homeowners Associations

Learn procedures for enforcing HOA documents with confidence, including document violations, timely action, and legal basics. Be well-prepared to handle interviews and cases, knowing your rights and restrictions. Compliance is key!

kamea
Download Presentation

Document Enforcement Strategies for Homeowners Associations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Enforce Your Documents With Confidence

  2. #1 – Stick to Your Procedures • Site Inspections • Frequency • Time of Day • Route • Treat Houses as Numbers • Fine and Appeal Policies • Do you have one? Does it need updating? • Aggressive vs. Unreasonable

  3. Trivia #1 • When can a board hear a violation appeal at an open board meeting? • Never • Whenever It Wants • When an Owner Requests It • A & B • B &C

  4. #2 – Document Violations • If A Violation Happens in the Woods and No One is Around to See It – is it a Violation? • Photographs • Video or Audio Recording • Dog Barking or Nuisance • Violation Logs and Notes • Parking, Business Use, Age Restrictions, Rentals, etc. • Require Owners to Report • Help Future Boards

  5. Trivia #2 • You cannot take a photograph of a property if: • Someone Other than the Owner is Outside • Anyone Is Outside • The Garage or Windows are Open • All the Above • None of the Above

  6. #3 – Act Quickly • Statute of Limitations • Timeframe in which an Association Must Bring a Claim • Estoppel • No Exact Timeframe • Failed to Act = Lose Your Right to Bring a Claim • Waiver • Waited Too Long or Failed to Enforce • Judge’s Number One Question???? • As Soon As You Discover It – ACT!

  7. Trivia #3 • The Planned Community Statutes and Condominium Act require an association to send how many notices prior to implementing legal action: • At least One to Provide Ten Days Notice • A Reasonable Amount to Provide Reasonable Notice • A Courtesy and Fine Notice • None

  8. Trivia #3 – part two • If an association sends an owner a notice of violation – How long must an association wait to bring a lawsuit against the offending owner: • 0 Days if the Required Information is Included in the Notice • 10 Days if the Required Information is Included • 10 Days Regardless of What Information the Association Includes in the Notice • Only After an Opportunity to be Heard.

  9. Trivia #3 – Two Bonus Questions • What is the Required Information that an Owner is Entitled to Request from the Association after receiving a Notice of Violation? • After the Association Sends an Owner a Notice of Violation – How Long Must an Owner Wait to File a Lawsuit or DFBLS Complaint?

  10. #4 – Explain/Understand Rationale for Restrictions • Obligation to Enforce • Johnson v. Pointe • Association Liability • Restrictions are not in Place to Punish Owners • Parking Restriction, Architectural Approval, Business Use, Etc. • Don’t Like It, Amend • Can’t – See Number 1 • Property Values

  11. Trivia #4 You are a Board Member or Community Manager for Village San Vistas Ranch HOA. A Channel 12 News reporter wants to interview you regarding a parking situation in the HOA with the Smiths. Their two boys have arrived home after serving in Afghanistan and have been parking in the driveway for four months. This is a violation of the Association’s Restrictions. The Smiths refuse to address it and have hired an attorney.

  12. What questions do you anticipate being asked? • Do you need more information? • What key messages do you want to deliver? • Be prepared and convey a clear message.

  13. #5 – Know Your Miranda Rights • Right to an Attorney • Develop a Strategy • Safe Harbor • May Ultimately Save Money • Know that Anything You Say or Do Can and Will be Used Against You • Apparent Authority vs. Actual Authority • Reasonableness (Tierra Ranchos) • Right to Remain Silent • Answer This Now!

  14. Trivia #5 • A member may obtain copies of my emails from my personal account to other board members: • Through a Records Request • Through a Subpoena in a Lawsuit • From Other Board Members • All the Above • None of the Above

  15. #6 – Know the Law • Case Law • Two Cases • JOHNSON v. POINTE COMMUNITY ASSOCIATION, INC., (205 Ariz. 485 (App. 203)) • TIERRA RANCHOS HOA v. KITCHUKOV, (216 Ariz. 195 (App. 2007)) • Statutes • Planned Community Statutes • Condominium Act • Governing Documents • Judges Interpret Plain Meaning (What He/She Says Goes)

  16. Trivia #6 • A Planned Community cannot prohibit which of the following: • Clothes Lines • Flagpole in Rear Yard • Ham Radio • A Permanent “Children at Play” Sign • All the Above

  17. Trivia #6 – Part 2 • A Condominium may prohibit which of the following: • Satellite Dishes on the Inside of a Balcony • An American Flag in a Unit Window • A Handwritten “Vote for Prop 103” Sign in a Unit Window • Solar Panels • All of the Above

  18. #7 – Know Your Enforcement Tools • Fines • After Notice and Opportunity to be Heard • Self Help • Only if Governing Documents Permit • Injunctive Lawsuit • Court Order Requiring an Owner to Comply • Recover Attorneys’ Fees • Alternative Dispute Resolution • Formal/Informal Mediation, Arbitration, Others?

  19. #8 – Enforcement Mantra COMPLIANCE IS OUR NUMBER ONE GOAL!

  20. Final Thoughts • Stand Your Ground • Enforcement Is Not Easy • An Association’s Business is to Ensure the Look of the Entire Community - Not Just the Common Areas • 95% of Your Members Want You to Enforce the Restrictions

  21. Questions? Have a Great Day!

More Related