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	<title>Comments for Poliakoff on Condo HOA Living</title>
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	<link>http://www.poliakoffoncondohoaliving.com</link>
	<description>Welcome to the Poliakoff Guide to Condo and HOA Living. Get the most out of your HOA or Condo Living Experience with helpful insight and tips from the shared ownership expert!</description>
	<lastBuildDate>Fri, 06 Jan 2012 03:05:58 +0000</lastBuildDate>
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		<title>Comment on New Neighborhoods&#8211;Apathy, Covenant Enforcement and Renter Rights by New Neighborhoods–Apathy, Covenant Enforcement and Renter Rights &#124; Community Association Connect &#124; Scoop.it</title>
		<link>http://www.poliakoffoncondohoaliving.com/2012/01/new-neighborhoods-apathy-covenant-enforcement-and-renter-rights/comment-page-1/#comment-65</link>
		<dc:creator>New Neighborhoods–Apathy, Covenant Enforcement and Renter Rights &#124; Community Association Connect &#124; Scoop.it</dc:creator>
		<pubDate>Fri, 06 Jan 2012 03:05:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=589#comment-65</guid>
		<description>[...] jQuery(&quot;#errors*&quot;).hide(); window.location= data.themeInternalUrl; } }); }        www.poliakoffoncondohoaliving.com  (via @tarleyrobinson)  - Today, 3:05 [...]</description>
		<content:encoded><![CDATA[<p>[...] jQuery(&quot;#errors*&quot;).hide(); window.location= data.themeInternalUrl; } }); }        <a href="http://www.poliakoffoncondohoaliving.com" rel="nofollow">http://www.poliakoffoncondohoaliving.com</a>  (via @tarleyrobinson)  &#8211; Today, 3:05 [...]</p>
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		<title>Comment on Can a Condo or HOA File for Bankruptcy?  A Primer. by &#187; What Could Happen if Your Active Adult Community Went Bankrupt? Topretirements</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/04/can-a-condo-or-hoa-file-bankruptcy-a-primer/comment-page-1/#comment-63</link>
		<dc:creator>&#187; What Could Happen if Your Active Adult Community Went Bankrupt? Topretirements</dc:creator>
		<pubDate>Sat, 10 Dec 2011 13:50:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=521#comment-63</guid>
		<description>[...] http://www.heraldtribune.com/article/20081103/breaking/811030252 http://www.poliakoffoncondohoaliving.com/2011/04/can-a-condo-or-hoa-file-bankruptcy-a-primer/  Posted by John Brady on December 9th, 2011  Comments (1) &#160;Email This Post Entries (RSS) and [...]</description>
		<content:encoded><![CDATA[<p>[...] <a href="http://www.heraldtribune.com/article/20081103/breaking/811030252" rel="nofollow">http://www.heraldtribune.com/article/20081103/breaking/811030252</a> <a href="http://www.poliakoffoncondohoaliving.com/2011/04/can-a-condo-or-hoa-file-bankruptcy-a-primer/" rel="nofollow">http://www.poliakoffoncondohoaliving.com/2011/04/can-a-condo-or-hoa-file-bankruptcy-a-primer/</a>  Posted by John Brady on December 9th, 2011  Comments (1) &nbsp;Email This Post Entries (RSS) and [...]</p>
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		<title>Comment on Basic Covenant Enforcement Principles for Condos and HOAs by Ryan Poliakoff</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/09/basic-covenant-enforcement-principles-for-condos-and-hoas/comment-page-1/#comment-57</link>
		<dc:creator>Ryan Poliakoff</dc:creator>
		<pubDate>Fri, 23 Sep 2011 17:23:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=569#comment-57</guid>
		<description>Hi Guy, first, check if the term &quot;amenity&quot; is defined at the front of your declaration of covenants, conditions and restrictions.  Usually there is a definitions section.

Absent that, can you explain what the situation is?  What does the board want to do, or what do you want to prevent the board from doing?  &quot;Amenity&quot; is not really a word commonly used in the condo/HOA governance field, it&#039;s more of a casual term.

As a general rule, a board cannot materially alter the common elements without a vote of the membership.  Removing a gym, for example, might very well be a material alteration.  Knocking down a social hall would almost certainly be one.  Adding heat to a pool is more of a gray area.</description>
		<content:encoded><![CDATA[<p>Hi Guy, first, check if the term &#8220;amenity&#8221; is defined at the front of your declaration of covenants, conditions and restrictions.  Usually there is a definitions section.</p>
<p>Absent that, can you explain what the situation is?  What does the board want to do, or what do you want to prevent the board from doing?  &#8220;Amenity&#8221; is not really a word commonly used in the condo/HOA governance field, it&#8217;s more of a casual term.</p>
<p>As a general rule, a board cannot materially alter the common elements without a vote of the membership.  Removing a gym, for example, might very well be a material alteration.  Knocking down a social hall would almost certainly be one.  Adding heat to a pool is more of a gray area.</p>
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		<title>Comment on Basic Covenant Enforcement Principles for Condos and HOAs by guy</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/09/basic-covenant-enforcement-principles-for-condos-and-hoas/comment-page-1/#comment-56</link>
		<dc:creator>guy</dc:creator>
		<pubDate>Thu, 22 Sep 2011 16:59:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=569#comment-56</guid>
		<description>What is an AMENITY?

How can an HOA add or remove an amenity.

Our docs do not define or describe any process for managing amenities.  For example, we added heat to our pool.  Is the addition of heat an amenity above and beyond the pool itself?

Our declarations state that the developer may add amenities such as pools, sports facilities, etc.  But that is the only place in any docs (or statutes) the word is used.</description>
		<content:encoded><![CDATA[<p>What is an AMENITY?</p>
<p>How can an HOA add or remove an amenity.</p>
<p>Our docs do not define or describe any process for managing amenities.  For example, we added heat to our pool.  Is the addition of heat an amenity above and beyond the pool itself?</p>
<p>Our declarations state that the developer may add amenities such as pools, sports facilities, etc.  But that is the only place in any docs (or statutes) the word is used.</p>
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		<title>Comment on Portfolio Management&#8211;How it Works for HOAs by hoavault</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/04/portfolio-management-how-it-works-for-hoas/comment-page-1/#comment-51</link>
		<dc:creator>hoavault</dc:creator>
		<pubDate>Mon, 18 Apr 2011 18:31:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=531#comment-51</guid>
		<description>An excellent article with some very good points.

But what about productivity and technology?  There is nothing that says that HOA management has to be as manual a process as you describe.  True, a portfolio manager with 5 HOAs only spends 8 hours or less per week on individualized attention to those HOAs but many tasks can be automated or computerized such that they can be shared across all the managed HOAs.  At face value, it is reasonable for HOAs to expect good management for a lower price ... because productivity and technology allows managers to be more efficient when managing multiple HOAs instead of devoting themselves completely to one HOA.

But productivity and technology gains aren&#039;t realized if managers don&#039;t care about them.  Under-performing and over-promising on contracts doesn&#039;t do anything for productivity or technology.</description>
		<content:encoded><![CDATA[<p>An excellent article with some very good points.</p>
<p>But what about productivity and technology?  There is nothing that says that HOA management has to be as manual a process as you describe.  True, a portfolio manager with 5 HOAs only spends 8 hours or less per week on individualized attention to those HOAs but many tasks can be automated or computerized such that they can be shared across all the managed HOAs.  At face value, it is reasonable for HOAs to expect good management for a lower price &#8230; because productivity and technology allows managers to be more efficient when managing multiple HOAs instead of devoting themselves completely to one HOA.</p>
<p>But productivity and technology gains aren&#8217;t realized if managers don&#8217;t care about them.  Under-performing and over-promising on contracts doesn&#8217;t do anything for productivity or technology.</p>
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		<title>Comment on Can a HOA Charge Dog Owners an Extra Fee? by troystevenson3</title>
		<link>http://www.poliakoffoncondohoaliving.com/2010/12/can-a-hoa-charge-dog-owners-an-extra-fee/comment-page-1/#comment-50</link>
		<dc:creator>troystevenson3</dc:creator>
		<pubDate>Mon, 18 Apr 2011 18:10:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=459#comment-50</guid>
		<description>I am a Condo complex manager and we have constant dog battles between owners and the board.  The HOA rules for dogs on site are

1. Only owners can have dogs on the grounds. 
2. Renters are not aloud to have any dogs.  Even is it is just visiting.  (say a friends dog) They will be finned if caught in possession with a dog. 
3.  Family members that visit a family condo may not bring a dog unless the owners on the condos title is present. 

I find these rules to be very out of line and overly hostel.  Why can an owner have a dog but not a renter?  Shouldn&#039;t it be the owners desision if his renter can have a pet?  Not the board.  THey tell me that it&#039;s their insurance company that implied these rules for them but they just don&#039;t make since.  I have a lot of owners there that would love to know if the board is just being a holes or if they are not telling them the truth.
Thanks</description>
		<content:encoded><![CDATA[<p>I am a Condo complex manager and we have constant dog battles between owners and the board.  The HOA rules for dogs on site are</p>
<p>1. Only owners can have dogs on the grounds.<br />
2. Renters are not aloud to have any dogs.  Even is it is just visiting.  (say a friends dog) They will be finned if caught in possession with a dog.<br />
3.  Family members that visit a family condo may not bring a dog unless the owners on the condos title is present. </p>
<p>I find these rules to be very out of line and overly hostel.  Why can an owner have a dog but not a renter?  Shouldn&#8217;t it be the owners desision if his renter can have a pet?  Not the board.  THey tell me that it&#8217;s their insurance company that implied these rules for them but they just don&#8217;t make since.  I have a lot of owners there that would love to know if the board is just being a holes or if they are not telling them the truth.<br />
Thanks</p>
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		<title>Comment on Emotional support animals are NOT Service Animals&#8211;An important change to the ADA by FHA Confirms that ADA Rules Regarding Service Animals Do Not Apply to FHA/Condos and HOAs &#124; Poliakoff on Condo HOA Living</title>
		<link>http://www.poliakoffoncondohoaliving.com/2010/09/emotional-support-animals-are-not-service-animals-a-huge-change-to-the-ada/comment-page-1/#comment-47</link>
		<dc:creator>FHA Confirms that ADA Rules Regarding Service Animals Do Not Apply to FHA/Condos and HOAs &#124; Poliakoff on Condo HOA Living</dc:creator>
		<pubDate>Sat, 05 Mar 2011 21:54:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=338#comment-47</guid>
		<description>[...] September of 2010, I wrote an article about the fact that the ADA (Americans with Disabilities Act) had been amended to specify that [...]</description>
		<content:encoded><![CDATA[<p>[...] September of 2010, I wrote an article about the fact that the ADA (Americans with Disabilities Act) had been amended to specify that [...]</p>
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		<title>Comment on Viewing Both Sides of the Foreclosure Debate&#8211;Homeowner vs. Association by Ryan Poliakoff</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/01/viewing-both-sides-of-the-foreclosure-debate-homeowner-vs-association/comment-page-1/#comment-44</link>
		<dc:creator>Ryan Poliakoff</dc:creator>
		<pubDate>Thu, 20 Jan 2011 03:26:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=481#comment-44</guid>
		<description>All fair points, although I do find 4 extremely unlikely--I&#039;ve never heard of it happening, at least.  Thanks for contributing!</description>
		<content:encoded><![CDATA[<p>All fair points, although I do find 4 extremely unlikely&#8211;I&#8217;ve never heard of it happening, at least.  Thanks for contributing!</p>
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		<title>Comment on Viewing Both Sides of the Foreclosure Debate&#8211;Homeowner vs. Association by hoavault</title>
		<link>http://www.poliakoffoncondohoaliving.com/2011/01/viewing-both-sides-of-the-foreclosure-debate-homeowner-vs-association/comment-page-1/#comment-43</link>
		<dc:creator>hoavault</dc:creator>
		<pubDate>Wed, 19 Jan 2011 23:08:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=481#comment-43</guid>
		<description>A very fair, well-thought-out article although I wish that there was a little more argument for the homeowner&#039;s point of view.  (1) If a homeowner can&#039;t pay the regular assessments, how is he supposed to pay regular assessments plus late fees plus interest?  (2) Choosing a provider (such as a collection agency) but forcing somebody else (a homeowner) to pay the bill is fundamentally unfair: the homeowner should have a choice to shop around for things that he pays for, not be stuck with an expensive, subpar service chosen by somebody else who doesn&#039;t have to pay; (3) A homeowner might suffer a setback through no fault of his own (e.g. a job loss) and his inability to pay isn&#039;t a moral defect but just an unpredictable event.  He wants to live up to his obligation but he can&#039;t.  Then, the &quot;circle of debt&quot; quickly builds up to the point where it is unaffordable to pay back, even with a new job; (4) Several well-heeled homeowners may use their money to &quot;spike&quot; HOA fees to force non-payment and foreclosure on their less-wealthy, unpopular, undesirable neighbors.  The majority might abuse the minority.  (5) Losing one&#039;s home AND being chased into court for debts is excessive.  The punishment doesn&#039;t fit the crime.</description>
		<content:encoded><![CDATA[<p>A very fair, well-thought-out article although I wish that there was a little more argument for the homeowner&#8217;s point of view.  (1) If a homeowner can&#8217;t pay the regular assessments, how is he supposed to pay regular assessments plus late fees plus interest?  (2) Choosing a provider (such as a collection agency) but forcing somebody else (a homeowner) to pay the bill is fundamentally unfair: the homeowner should have a choice to shop around for things that he pays for, not be stuck with an expensive, subpar service chosen by somebody else who doesn&#8217;t have to pay; (3) A homeowner might suffer a setback through no fault of his own (e.g. a job loss) and his inability to pay isn&#8217;t a moral defect but just an unpredictable event.  He wants to live up to his obligation but he can&#8217;t.  Then, the &#8220;circle of debt&#8221; quickly builds up to the point where it is unaffordable to pay back, even with a new job; (4) Several well-heeled homeowners may use their money to &#8220;spike&#8221; HOA fees to force non-payment and foreclosure on their less-wealthy, unpopular, undesirable neighbors.  The majority might abuse the minority.  (5) Losing one&#8217;s home AND being chased into court for debts is excessive.  The punishment doesn&#8217;t fit the crime.</p>
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		<title>Comment on Classic Blog: Keeping to Your Swim Lanes—Roles of the Board and Officers in Condos, Co-ops and HOAs by The Role of the Board in Towers Management &#171; Towers Voices</title>
		<link>http://www.poliakoffoncondohoaliving.com/2010/12/classic-blog-keeping-to-your-swim-lanes%e2%80%94roles-of-the-board-and-officers-in-condos-co-ops-and-hoas/comment-page-1/#comment-33</link>
		<dc:creator>The Role of the Board in Towers Management &#171; Towers Voices</dc:creator>
		<pubDate>Thu, 16 Dec 2010 13:09:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.poliakoffoncondohoaliving.com/?p=447#comment-33</guid>
		<description>[...] [Editor&#039;s Note: In an effort to continue recent discussions on best practices in Towers management, we here reprint by permission a noteworthy piece on the role of the board, which originally appeared in Poliakoff on Condo Living.] [...]</description>
		<content:encoded><![CDATA[<p>[...] [Editor&#039;s Note: In an effort to continue recent discussions on best practices in Towers management, we here reprint by permission a noteworthy piece on the role of the board, which originally appeared in Poliakoff on Condo Living.] [...]</p>
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