2012年影响社区协会的五大问题- 2012年9月

          我的律师生涯中有很大一部分都是为了 共同利益团体, educating both residents and boards of directors and helping them understand their rights and the value of their neighborhood.  随着每一年的结束, I am often asked about the most significant issues affecting community associations throughout the year.  The following is a list if the top five issues affecting community associations in 2012.

(1)记录复制策略

我听到的是:“我要你所有东西的副本, 因为我已经交了评估费, 我不会付钱的.”

          Community associations are frequently asked by owners to copy certain books and records.  These requests are often very broad and can be very expensive for the association.  In order for the association to operate efficiently, this cost must be passed on to the owners.  In the past, associations were not required to have a formal cost schedule in order to charge owners a reasonable fee for copying books and records.  现在法律变了.  Effective July 1, 2012, homeowners associations and condominium associations wanting to charge owners for copying costs and labor related to producing books and records must have adopted a cost schedule.

          The Virginia General Assembly has amended Virginia Code §55-510(D) of the Virginia Property Owner’s Act to provide:D. 在提供任何帐簿和记录的副本之前 to a member in good standing under this section, 协会可征收或征收费用, 反映合理的材料和人工成本, 不得超过实际成本. Charges may be imposed only in accordance with a cost schedule adopted by the board of directors in accordance with this subsection. 成本明细表应(i)明确材料和人工费用, (ii)平等适用于所有信誉良好的成员, and (iii) be provided to such requesting member at the time the request is made.

          此外，弗吉尼亚州议会还修订了弗吉尼亚州法典第55-79条.74.《皇冠搏彩APP下载》第1(D)条规定. 在提供任何帐簿和记录的副本之前, 单位业主立案法团可征收费用, 反映合理的材料和人工成本, 不得超过实际成本. Charges may be imposed only in accordance with a cost schedule adopted by the executive organ in accordance with this subsection. 成本明细表应(i)明确材料和人工费用, (ii)平等适用于所有信誉良好的单位拥有人, and (iii) be provided to such requesting unit owner at the time the request is made.

          在过去的一年里，协会已经预料到了这一变化.  我看到关于这一法律变化的问题越来越多.  If your homeowners association or condominium association has not adopted such a policy, I recommend the association contact its attorney for a review of their policies and the adoption of a formal cost schedule.

(2)拖欠评估.

What I am hearing: “We have a homeowner who is delinquent and believe he is also delinquent on his mortgage, 但银行并没有取消抵押品赎回权.  我们没有收到会费. What can we do?”

          Many homeowners have fallen behind on paying their assessments because of a recent job loss or because they are a small business owner and business is down due to the weak economy.  因为大多数拖欠贷款的房主的抵押贷款资不抵债, 已经没有钱来支付协会的账单了.  因此，社区协会开始缺乏必要的资金.

          I recommend associations pay particular attention to their budget and plan for “bad debt”.  Every community association board needs to understand the nature of the collection powers contained in their governing documents and provided by Virginia law.  Most importantly, they must have a collection policy and commit to enforcing it.  I have found myself this past year attending meetings specifically to address what tools the association has available to collect from delinquent owners.  In addition, boards have been inquiring about the possibility of amending their documents to provide for broader collection powers.

(3)对董事会行动的不信任.

我听到的是:“我们协会的董事会最近通过了一项修正案.  他们的行为是非法的.  What can I do?”

          Perhaps the biggest thing I have noticed over the course of 2012 is a growing distrust of board action.  I am finding more and more homeowners are scrutinizing the way boards have chosen to spend the association money.  They are angry.  Over the past year, I have found that I am being asked to review association budgets.  我也被要求参加更多的会议.

          对许多房主来说，这是一个艰难的时期.  我建议董事会牢记这一点, try to be more open, and provide homeowners additional time during meetings to voice their concerns and ask questions.  我发现这有助于成员(1)对这个问题感觉更好, (2)更充分地理解董事会决定采取行动的原因.

(4)延期维修.

我听到的是:“屋顶, playground equipment, pool, sidewalk, exterior of building, mailboxes, signs…Our Association doesn’t have enough money to perform all of the maintenance.  What can we do?”

          因为经济, 丧失抵押品赎回权和高拖欠率, 许多协会已经削减了维护费用, focusing only on those repairs that are critical and turning a blind eye to other needed repairs.  This is a dangerous practice as those once “smaller” repairs quickly become “major” repairs.  I have found that waiting to perform repairs will only prolong the inevitable and, ultimately, 导致更高的净成本.  最好能及时完成这项工作.  至少，制定并实施一个行动计划.

          I recommend associations consider loans for maintenance and capital improvements.  如果协会有资格的话, 贷款利率很低，现在是投资的好时机, at least, consider this option.

(5)租金限制.

What I am hearing: “We have several owners who cannot sell their condominium and the Association’s leasing restriction forbids them from renting.  我们不想让房子丧失抵押品赎回权.  What can we do?”

          在过去的几年里, I found myself fielding numerous calls from condominium association board members requesting I draft an amendment to the association’s governing documents, 限制该物业允许的租户数量.  This year, however, 随着房屋销售萎缩, 止赎率上升, 犯罪行为也在增加, 我看到了一种新的趋势.  协会回避了租赁限制.

          In addition, I am fielding more and more questions from both owners and board members about the possibility of a hardship exemption and a potential waiver of the leasing restrictions.

Written by Jeffrey A. Hunn.