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Ask the Homeowner Association Expert

Question: Since homeowner associations are set up to be run by a minority who like to stick their noses into everyone"s business, how do we go about dissolving ours? Answer: Homeowner associations have the same strengths and weaknesses as our federal, state and city governments. As Churchill said, "Democracy is the worst possible form of government ...except for all the rest." Of course, you may debate whether this is a democracy but that aside, each state has its own statutes regarding homeowner associations and corporations. I suggest you consult with an attorney in your state that is knowledgeable in homeowner association law. If you don"t know one, contact a professional community association manager who should know several. Question: I attended a seminar which discussed the importance of maintaining uniformity of appearance of our units and how lack of uniformity can affect property values. Is there somewhere I could get more information or documentation about uniformity and property values? Answer: The reason for the association maintaining control over the exterior appearance is two fold: 1. Common wall housing typically has a "theme" that if compromised, reduces unit value. To maintain the theme uniformity will help support the highest market values. 2. To control the consistency and quality of maintenance and repairs. If each owner is allowed to modify the common area, consistency and quality control are lost. Uniformity does not mean that changes can"t be made. It only means that if an owner proposes a change, like the addition of storm door, the association should establish a standard for it that includes durability, color, style, make and model so that all such changes are uniform. Some changes like air conditioners, whether roof mounted, on the ground or through the wall cause other problems in the common area like heat, noise, leaking in the walls, roof leaking, etc. The board should think through each new modification carefully as to both the curb appeal and maintenance issues. For more information on this subject, see www.Regenesis.net.


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