Posts Tagged ‘News’

New HOA Fine Law Is In Effect

July 3, 2014

So, Idaho’s new fine law is in effect, and hopefully our local HOAs are complying. We have had a spate of coverage regarding the new law. I noticed this on KBOI news the other night, but just got around to finding the link online. As usual, the comments are a mix. A ton of people rant about HOA problems, and one or two post thoughtful posts about how HOAs help their property value.

http://www.kboi2.com/news/local/New-law-to-tame-down-HOAs–265157441.html

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Fifth Annual HOA Forum a Hit

March 10, 2014

Saturday morning we hosted Vial Fotheringham’s fifth annual Spring Forum here in Boise. We’ve been doing these every year since we opened the office here. This year we had the most attendance ever: about ninety participants, I think. It was a good time. We had a lot of questions come up about SB 1310. We also discussed governing documents, managing HOA money, maintaining common area and common property, construction defects, vendor contracts, keeping common area secure, and document retention policies.

The firm will have slides available, and if you are looking for information for next year, it is easy to get on Vial’s email invitation list. Check here: http://www.vf-law.com/events/idaho for information about our free monthly training meetings, our Idaho binders, or about next year’s forum.

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I suspect we will be doing quite a bit of education work about the new fine law once SB 1310 becomes Idaho Code Section 55-115. Next week, we will be hosting some training sessions for managers and owners to get ready.

Nice Quick Update on “New Davis Sterling” Act

June 25, 2013

Nice Quick Update on “New Davis Sterling” Act

Something to Watch In Arizona… SB 1454?

June 21, 2013

 

http://www.sfgate.com/news/article/Brewer-signs-community-association-bill-4613339.php 

 

Update: Bill text

http://www.azleg.gov/legtext/51leg/1r/bills/sb1454s.pdf

New Mexico Gets HOA Reform

June 11, 2013

New Mexico recently adopted an act to govern some basic homeowner association functions. The Act  goes into effect on July 1, 2013.

New Mexico Capitol

New Mexico Capitol

I have not reviewed the Act in depth, and I am not very familiar with the law of New Mexico. However, it appears that the Act addresses a number of concerns local to New Mexico, for instance relating to water shortages. The Act was adopted in addition to a condominium act. The topics addressed in the Act’s title are a good measure of what is covered:
PROVIDING FOR THE FORMATION AND MANAGEMENT OF PLANNED
COMMUNITIES;
REQUIRING NOTICE AND OPEN MEETINGS;
PROVIDING FOR DISCLOSURE OF RECORDS;
ALLOWING AUDITS;
PROVIDING FOR ATTORNEY FEES;
REQUIRING DISCLOSURE OF HOMEOWNER ASSOCIATION INFORMATION TO PURCHASERS;
LIMITING RESTRICTIONS ON THE INSTALLATION OR USE OF SOLAR COLLECTORS AND WATER CONSERVATION MEASURES.

A number of these provisions would be very helpful in Idaho, where we have little clear law addressing homeowner rights, association obligations, or water conservation.  However, the New Mexico statute language seems very much focused on establishing homeowner rights at the expense of all of the other interested parties.  For instance, the law “providing for attorney fees” simply broadens attorney fee provisions to always award attorney fees to the prevailing party if the declaration provides attorney fees to any party.  It would have been more helpful to HOAs, in my mind, to establish a broad right to attorney fees for enforcing HOA rights found in any declaration.  These fees are often what keep homeowners from being able to enforce declaration provisions at all.

 

Good local commentary is found here:  http://www.abqjournal.com/main/208656/biz/new-law-affects-homeowner-associations.html

The Act text is here: http://www.nmlegis.gov/lcs/handouts/ERD%20-%20Homeowner%20Association%20Act.pdf

 

Residents of Idaho’s “Pro-Gun” Citadel To Be Tenants, Not Owners/Members Of An HOA

January 31, 2013

So, the recent news stories speculating about pro-gun groups creating a gun-loving safe-haven in Northern Idaho are hard to miss if you happen to live here in Idaho.  It’s one of those regional things.  Due to not-so distant history, Idahoans are sensitive to words like “compound” and “extremist”  when used in conjunction with their state.  Imagine, for instance, if you were a resident of Waco and wanted to open a new church.  You’d just be sensitive about the words you use.

To show that this isn’t purely nativist paranoia, one of the speculative out-of-state pieces is illustrated with stock photos of SWAT teams …

Anyway, this story was interesting to me because I wondered if the Citadel was planning to use restrictive covenants to create this particular compound in Idaho.    HOAs and covenants could be used to create all kinds of political, environmental, or age-related communities, I suppose.  Another out-of-state paper indicates that this is not the approach the Citadel is taking.  Instead, it looks like a lease is going to be used.  While this would allow for maximum flexibility and eviction power, somehow perpetual tenancy doesn’t seem consistent with the life, liberty, and pursuit of happiness ideals the Citadel proposes.  Aren’t homeownership and private property rights just as fundamental?

Sources:

http://www.oregonlive.com/mapes/index.ssf/2013/01/proposal_for_idaho_survivalist.html

http://www.digitaljournal.com/article/341291

http://www.imperfectparent.com/topics/2013/01/15/idaho-commune-will-only-allow-families-of-gun-toting-patriots/

http://www.business2.com.au/2013/01/the-effect-of-homeowners-associations-on-sustainability/

From Scranton: How not to act at the office

August 24, 2012

In case you needed one, from Scranton, setting of TV’s “The Office,” we now have another reminder not to commit sexual discrimination at work.   HOAs, just like any other work environment, are subject to federal workplace harassment law.

Explore the history of The Office on the updated Facebook Timeline. Check out key dates, plus tons of clips and photos.

No kidding.  I don’t know what else to say about that.

From The Times-Tribune:

According to the lawsuit, Bushkill resident and former public safety employee Heike Obergantshnig is suing Saw Creek Estates Community Association Inc. claiming she has been harmed by “sex-based harassment, sex-based discrimination (and) a hostile work environment” from a Saw Creek watch commander, Brian Kaiser.

What I can’t tell from the article is the nature of employment of a “public safety employee” in a Pennsylvania HOA, or what a “watch commander” is.  Sounds like a professional neighborhood watch is used there.  As a former direct employee of the HOA, it sounds like Ms. Obergantshnig’s claim will have to be addressed, and an attorney paid for, by the association.  Maybe they needed a more active HR.    Toby Flenderson will have his day.