How can an HOA begin anew to enforce covenants and restrictions with Attorney James Olsen? скачать в хорошем качестве

How can an HOA begin anew to enforce covenants and restrictions with Attorney James Olsen?

   / lawtubec.  . to subscribe to our newest legal videos. Attorney Tom Olsen is host of the Olsen on Law Radio Show on in Orlando. You can reach Tom at 407-423-5561 or [email protected]. Tom has been answering legal questions on his radio show for over 35 years and has been practicing law in Orlando for 40 years. The Olsen on Law Radio Show is America’s longest running legal radio show. Produced by Professional Media Ideas. Call or text Chrissy Merrill at 321-207-8384 or by email at [email protected] Transcripts: Michael: Recently new on a HOA board, and the primary question I called in was more about the enforcement; we've had a lack of enforcement. I'm technically on the Architectural Review Board, and we just haven't really gotten much clarity about who should be taking responsibility for the enforcement of the covenants and the bylaws. How should that be separate from maybe the Architectural Review Board? Attorney Jim Olsen: Associations run in cycles where they go many years where they do enforce very strictly, and then you get boards who get very lax and then you get new people like yourself, and it seems like about a 10-year cycle. What you may want to consider doing is, depending on the size of your association, of course, sending out a notice-- we call it a Chattel Shipping letter. Chattel Shipping was a case from several years ago that talked about prospective enforcement as long as you give notice. Things that you may not have enforced in the past, after this Chattel Shipping letter you'll be able to enforce them in the future. They won't have their normal defenses of selective enforcement and things like that. Attorney Tom Olsen: Jim, you've got me there. Chattel Shipping letter? Come on, chattel is personal property, right? Attorney Jim Olsen: Chattel Shipping is just the name of the case. Attorney Tom Olsen: Okay. Attorney Jim Olsen: It was Chattel Shipping versus-- I can't remember the other party. Attorney Tom Olsen: Michael's Architectural Review Board historically has not been enforcing the rules of architectural review, but now they want to pick it up and start enforcing the rules. You're saying that they can start that now but not necessarily have to go back to the old ones that did not comply. Attorney Jim Olsen: Right. It almost, to an extent, grandfathers things in, so that if I put up a fence, for instance, 5 years ago, 10 years ago, and the rules say no fences, yes, my fence can stay, but what this Chattel Shipping letter also says is what stays is the fence, not the right to have a fence, so that if a hurricane brings it down or a tree falls on it, guess what? You've got to get rid of the fence and come into compliance. That's what this Chattel Shipping letter does, is notify everyone that-- I colloquially refer to it as a new sheriff in town letter. Attorney Tom Olsen: Would that letter go out to all of the HOA owners of the property? Attorney Jim Olsen: Yes. Attorney Tom Olsen: Okay. Tell them, "Hey, new sheriff in town, we're going to start doing things by the book," you might say. Attorney Jim Olsen: Right.