JosephW (Michigan)
Posts: 882
Posts: 882
Posted:
Like science, community associations also have certain immutable "natural" laws that exist outside of state or federal legislation. You are welcome to your opinion on any of them
10 Laws of Community Associations
1. Community associations are going to continue to be the major component of new development
Unless the American populace makes a complete 180 on taxes, developments that allow local governments to collect full taxes and not pay out for full services will be the norm rather than the exception. By requiring associations be formed, in return for greater density (profits), local governments can use the excess income to offset rising costs, so they won't have to lay off friends and family. Until the majority of us come around to the thinking that increasing local taxes is a good thing, you can expect mostly HOA's and condo's.
2. State legislatures don't have a clue as to how to do anything with HOA's and condo's
They will therefore continue to "tweak" laws, in response to interest groups; resulting in more confusion for association boards and owners, as well as greater costs and liability.
3. State legislatures will not seriously offend the major interest groups - home builders, real estate agents, mortgage bankers, or developer attorneys.
The best way to help ensure the possible success of an association is to make sure its developed and built well, that full disclosure takes place, and that the developer is held to a high standard as the first board of directors of the association - all of which the largest and most powerful interest groups have no real desire to see.
4. In every association there is a hero and an a**hole
You may not know who the hero is yet, but just about everyone knows the other. The key to a successful association is to find the hero(es)and defuse the jerks
5. Given the choice, the majority of owners would rather not fund reserves
In Florida, they don't buy green bananas and the state legislature gave condo's the ability to "opt out" of fully funding reserves, which is why you're seeing so many in such dire financial straits today. Let's face it, the majority of owners don't think they'll still be living in the same home 10 years from now, so see no reason to fund reserves.
6. Documents are not carved in stone for eternity.
Documents are originally written by an attorney working for the developer and designed to assist the developer. See number 3. Change them to fit the owners and the times when you can
7. It's not the association's fault
The association is a legal entity and has no inherent personality - the people who live in it and the people they elect to run it make it great, or make it miserable, or somewhere in between
8. It's the pole, stupid!!
Community associations do not remove your constitutional rights. First, the constitution doesn't grant unrestricted rights, no matter how they are worded. You still can't yell "Fire" in a crowded theater; libel and defamation can make freedom of speech costly; and you can't plant a flag pole in property either that you don't own or that you've agreed to the controls the CCR's place on them. You still can put your flags and signs inside your home and just as patriotic or political as the next guy.
9. Given the choice, the average association board will ask legal questions of its manager, neighbors, an internet forum, relatives, people driving by or a ouija board, before paying the attorney to give them the correct answer. Once they have the latter, 50% will ignore it.
Human nature in groups
10.As long as people are electing people to govern people - there are going to be arguments, letters, fines, court cases, arbitration, mediation, hard feelings, politics, favoritism, screwups, etc.
Democracy is messy - it goes with the territory. Nobody likes to be told what to do, or disagreed with. The difference between your association and the local, state and federal governments telling you what to do - is that you agreed to let the association do it (and don't blame the association if you didn't read or get the documents)- the other governments were already here when you got here.
Joe
10 Laws of Community Associations
1. Community associations are going to continue to be the major component of new development
Unless the American populace makes a complete 180 on taxes, developments that allow local governments to collect full taxes and not pay out for full services will be the norm rather than the exception. By requiring associations be formed, in return for greater density (profits), local governments can use the excess income to offset rising costs, so they won't have to lay off friends and family. Until the majority of us come around to the thinking that increasing local taxes is a good thing, you can expect mostly HOA's and condo's.
2. State legislatures don't have a clue as to how to do anything with HOA's and condo's
They will therefore continue to "tweak" laws, in response to interest groups; resulting in more confusion for association boards and owners, as well as greater costs and liability.
3. State legislatures will not seriously offend the major interest groups - home builders, real estate agents, mortgage bankers, or developer attorneys.
The best way to help ensure the possible success of an association is to make sure its developed and built well, that full disclosure takes place, and that the developer is held to a high standard as the first board of directors of the association - all of which the largest and most powerful interest groups have no real desire to see.
4. In every association there is a hero and an a**hole
You may not know who the hero is yet, but just about everyone knows the other. The key to a successful association is to find the hero(es)and defuse the jerks
5. Given the choice, the majority of owners would rather not fund reserves
In Florida, they don't buy green bananas and the state legislature gave condo's the ability to "opt out" of fully funding reserves, which is why you're seeing so many in such dire financial straits today. Let's face it, the majority of owners don't think they'll still be living in the same home 10 years from now, so see no reason to fund reserves.
6. Documents are not carved in stone for eternity.
Documents are originally written by an attorney working for the developer and designed to assist the developer. See number 3. Change them to fit the owners and the times when you can
7. It's not the association's fault
The association is a legal entity and has no inherent personality - the people who live in it and the people they elect to run it make it great, or make it miserable, or somewhere in between
8. It's the pole, stupid!!
Community associations do not remove your constitutional rights. First, the constitution doesn't grant unrestricted rights, no matter how they are worded. You still can't yell "Fire" in a crowded theater; libel and defamation can make freedom of speech costly; and you can't plant a flag pole in property either that you don't own or that you've agreed to the controls the CCR's place on them. You still can put your flags and signs inside your home and just as patriotic or political as the next guy.
9. Given the choice, the average association board will ask legal questions of its manager, neighbors, an internet forum, relatives, people driving by or a ouija board, before paying the attorney to give them the correct answer. Once they have the latter, 50% will ignore it.
Human nature in groups
10.As long as people are electing people to govern people - there are going to be arguments, letters, fines, court cases, arbitration, mediation, hard feelings, politics, favoritism, screwups, etc.
Democracy is messy - it goes with the territory. Nobody likes to be told what to do, or disagreed with. The difference between your association and the local, state and federal governments telling you what to do - is that you agreed to let the association do it (and don't blame the association if you didn't read or get the documents)- the other governments were already here when you got here.
Joe
Joseph West
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Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal