Realty Times runs an article in which they write about different HOA issues that people have and write in about in a Q& A format.

There is one that I found timely since I just had a client ask about having their information published in the building directory, which I understand not everyone wants to be in nor should they have their personal information shared with everyone in the building, however I understand the management company needing the information as well as the individuals working the front desk.

The other Q&A is also interesting since this is another one I have heard people from time to time have an issue with.

These are just a few of many questions that I am sure get asked and dealt with by HOA's on a daily, weekly and monthly basis.

Ask the HOA Expert

Question: What is the proper use of member contact information? Can we post it on our website or publish and distribute a directory to the membership?


Answer: The board needs accurate contact information to communicate news and notices, process rule violations and collections, and other HOA business. Making contact information public is fine if each member listed agrees to it. So, before doing so, get an approval email or letter from each member. If you don’t get one, it counts as a “no” (failure to respond is not a “yes”).

Question: One of our condo owners painted his front door a color that does not conform with the approved paint color standard. The board contacted him in writing requesting the door be repainted to conform. The owner claims that the door was painted over a year ago so he should be allowed to keep it that color. Our manager feels that the board’s request exceeded the statute of limitations and should not try to enforce the issue.

Answer: It’s up to the unit owner to follow the approved paint color standard. Violating that standard and claiming he’s exempt because the board didn’t catch him in time is quite an imaginative argument. It’s not up to the board to discover violations like these. But once they are discovered, the board does need to take action in a reasonable time frame. It sounds like the board acted in a timely way once informed so should continue to press for compliance and enforce fines if compliance isn’t forthcoming.

Melissa Barkalow

ABR, e-Pro, Licensed in DC, VA & MD

mbarkalow@comcast.net, C: 202.285.9479

www.homesofmetrodc.com

DC Real Estate O: 202.588.1405

 
Post is included in group: Blogging & SEO

19 Comments on HOA Questions

FEB
08
2011
1,950,342 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

If there are fines for violating the HOA rules, the home owner should be fined appropriately and as quickly as the rules permit. 

Or, a board member could propose a change to the by-laws that would require HOA management to to make regular inspections of homes for compliance and therefore

ADD $xxxx AMOUNT TO THE HOA FEES TO COVER THE ADDED DUTIES.

 

8:24am • #1
730,389 Points 15 Featured Posts Outside Blog Called Shot Master

Melissa like other organizations, by-laws are usually followed to a "T". The HOA by-laws insure conformity in the building.

8:36am • #2
578,516 Points 2 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hi Melissa,

I agree with both comments above.  Read my post today.  It's about condos as well.  Thanks Cindy

8:40am • #3
941,564 Points 26 Featured Posts Outside Blog Attended Rain Camp

People have a choice before purchasing real estate whether or not to conform under a HOA. There are some people that would prefer no HOA

9:20am • #4
196,611 Points 34 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

It seems reasonable to ask them to conform since it was requested quickly once the problem was discovered. I don't think the other owners should have to pay for inspections because one person doesn't want to follow the rules.

9:45am • #5
180,081 Points Outside Blog

I think because of HOA by-laws associations are falling out of favor (at least in my area). But as a buyer, they know, or should know that these rules are in place and have to be followed. You can be as individual as you like indoors.

10:05am • #6
253,951 Points 1 Featured Post Attended Rain Camp Called Shot Master

People amaze me sometimes. If you purchase in a community in which there are restrictions, you should be willing to live by them.

10:08am • #7
Outside Blog

I'm with Dawn (#7). You know what your are buying into, why try and make up your own rules and then be suprised the HOA says no. Too funny!

good post!

10:46am • #8

OOOOh no.   Now come on all you realtors.  How many of YOU actually read those CC & Rs before you list a home for sale.  I know the realtors in our area certainly don't!  They don't disclose in many cases that there are 2 different HOAs.  One you pay into annually, but get nothing for it.  It's a "master", and we contribute to it.  That's always a surprise to someon who's never lived in an HOA, let alone an HOA within an HOA.

And as far as rules and regs, our CC &Rs state that if the board does not approve a request within 30 days, it stands.  (It's been a big issue because of satelitte dishes)

I personally put in almost 8 new trees and dozens of shrubs and bushes after my HOA never replaced a one!  When they objected, I told them I would be happy to remove them, but then they would have to replace all of the plants that died, and I had already spent about $1000!  They SHUT UP! 

Some people questioned in the community, but they also realize I invested the money, and it didn't effect their HOA fees 1 dime!  I also maintain them, so that the landscapers don't butcher them!

In the last 10 years I have replaced 4  trees, and at least a dozen shrubs.  My property looks like a garden, and people always comment on how it looks so different from the rest of the property.  The rest of the property is an eye sore. 

I'm not an HOA lover.  I once had the highest priced property in the community, and now it's lower in price than when I bought it 10 years ago brand new. 

Liz Murray
11:22am • #9
569,544 Points 1 Featured Post Localism Sponsor Outside Blog

Hi Melissa,  Getting creative to avoid compliance with the rules just doesn't cut it.  The board should stand firm and consider fines if needed.

11:50am • #10

You can find HOA CC & Rs for our city on-line.  I have been pulling them off for buyers before we make an offer.  Some people want lots of rules, others want to make sure they can abide by what is expected(I need to park a semi).

11:58am • #11
152,533 Points

 

Ahh, the stories I could share about the HOA's I have dealt with both as a listing agent and as a homeowner.  I agree that they are necessary in order to maintain a PUD but sometimes, they are either very poorly managed or the leadership is made up of petulant and incompetent bureaucrats.

Good stuff, thanks for sharing it.

12:07pm • #12
4 Featured Posts

It depends on the rules of the HOA and the process to inforce. I have seen these issues with fencing styles. I do know that if the HOA does not act with in a reasonable amount of time and equally to all home owners that the violation does not have to be changed.  OF COURSE-- Reasonable amount of time should be specifically defined in the rules/by-laws of a neighborhood. 

The biggest problem I have noticed with HOAs is "how things get changed!" Some require a majority of neighborhood while others require simply a majority of those attending the meeting.  

12:20pm • #13
1,023,132 Points 66 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

They SHOULD have written an article about how HOA communities are using www.meettheneighbors.com to connect with owners and residents.

I do NOT provide my tenant information to HOAs.  I will provide an HOA tenant/resident registration for to them fore them to VOLUNTARILY provide this information

 

12:36pm • #14
4 Featured Posts

I am so happy I live in a neighborhood with out an HOA.  Yes I have to take the good with the bad. Its better than paying a HOA to tell me what to do with my own property. 

1:45pm • #15
1,329,347 Points 189 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Melissa, I know a lot of contact information is freely distributed WITHOUT permission. You are right that they should get the ok first. Some are unlisted phone numbers too.

2:33pm • #16

Buyers should review all HOA Docs. Including the Budget, Reserves and Meeting Minutes before purchasing in a community governed by a HOA. This is extremely important in resort areas where there may be a high number of "Short Sales" in certain condo projects. If homeowners are delinquent on mortgage payments, one would have to believe the HOA dues may be delinquent as well - which could put a financial strain on the association.

3:29pm • #17
122,393 Points

Great post....this is why AR is awesome...I don't know too many people who have discussions about this..it's very useful...great job !!

4:08pm • #18
FEB
14
2011
360,245 Points 42 Featured Posts Outside Blog Called Shot Master

Oh my gosh--this is wonderful to see Richard Thompson make it all the way to VA!!!  He was a client of mine, years ago here in the Oregon Coastal Range where I live and work fulltime at Fishhawk Lake Recreation Club and we have an HOA.  Mr. Thompson lives in the Portland area, not far from us and after meeting him I asked that he send me the monthly Regenesis Report.  It's FABULOUS.  Of course, I've sent it to my Board regularly and they don't recognize that it even exists.  Oh, well, at least it helps ME!

5:54pm • #19


What does the graphic say?
Leave a response…


(optional)
Spam Prevention: