Service Comfort Animals: Not Just for the Cats and Dogs

This Blog posting from HOA Legi-Slate was just too good not to pass along...just when you think you've heard it all...

According to this NY Times Article, the use of guide horses, monkeys, goats, parrots, pigs, ferrets and even iguanas as service or comfort animals are growing in number. But, as a result, the OMB (Office of Management and Budget) is considering proposed regulations for the ADA which may limit certain types of comfort and service animals. The proposed final ADA regulations were accepted by the OMB on December 3 after soliciting over 5000 comments. Given the change in administration, the regulations may be quickly adopted or languish for months.

Here's a photo from the Times article:

Ann Edie and her guide miniature horse, Panda, checking out at Staples.

An HOA or condominium association should proceed very carefully if an owner requests an accommodation for a service or comfort animal and seek advice of counsel before denying any such request.  For further information, feel free to contact Barker Martin, P.S. by selecting the "Contact" tab at the top of this blog page.
 

 

 

Email Accounts for HOA Board Members

I believe the vast majority of HOA and condominium board members utilize email in some capacity in their role as board members.  Remember, however, that any formal board action should not be conducted via email, as board action must occur during a regular board meeting (for more information on this topic, see my 2/24/08 blog posting "Email and HOA Board Action").

I have found less than 10 percent of board members utilize discrete email accounts, such as riverplazapres@yahoo.com or gardensquareHOAtreasurer@gmail.com.  I strongly suggest that HOA and condominium board members set up these discrete email accounts (use whatever email server you desire; there are many free services available: yahoo, gmail, msn, etc.).  Using these separate email accounts is beneficial for the following reasons:

   1.  In the event of litigation involving the HOA, the board member will not have to undergo the embarrassment and adverse consequences of having to explain to his or her boss why the company was served with a subpoena regarding a non-work related lawsuit and has to allow unfettered access to its email servers.

   2.  Setting up discrete email accounts helps a board member manage his or her time more effectively.  Rather than feeling obligated to immediately respond to each and every HOA email that comes in during the work day via the work email address, the board member can set up a defined time of the day, evening or week to respond to HOA-related email.  Such action could also decrease the amount of time a board member spends on HOA business during the work day using the employer's email.

   3.  By using a discrete HOA email account, a board member can more easily track time spent on HOA duties.

   4.  Board member turnover is streamlined, simplified and much more comprehensive.  The outgoing board secretary (or president, vice president, treasurer, etc.) merely gives the user name and password to the incoming board member.  All historic emails are already consolidated in a single email account.  The new board member simply changes the password.

   5.  Setting up a discrete email account with a generalized email address allows for transparent transfer from one board member to another.  Boards do not have to update email addresses with homeowners, association managers, vendors, bankers, etc., each time a board member leaves and is replaced.

   6.  The email accounts are accessible anywhere in the world 24/7--assuming one has Internet access.

   7.  Setting up these accounts only takes a few minutes.  Also, these accounts are free. 

I cannot think of a single downside for an HOA or condominium board to set up discrete email accounts.  As shown above, there are multiple advantages of using these accounts. 

 

New Fannie Mae Condominium Lending Guidelines

Last August I blogged that Fannie Mae was altering its lending practices in response to the sub-prime lending crisis. As the crisis deepened, the adverse impact upon the US economy and Fannie Mae only worsened. Since the government's restructuring of Fannie Mae last fall, we have been awaiting revised lending guidelines for condominium properties. Those guidelines were just released in late December under Announcement 08-34.  The guidelines include the following revisions:

  • The 15% delinquency cap requires that no more than 15% of the total units may be more than 30 days delinquent;
  • There must be fidelity insurance if there are more than 20 units in the project;
  • Borrowers must obtain a “walls-in” coverage policy (commonly known as an HO-6 policy) unless the lender can document that the master policy of the Association provides the same interior unit coverage;
  • Master insurance policies covering multiple unrelated condominiums are no longer acceptable (if they ever were); and
  • The owner occupancy ratio of 51% includes REO owned units for sale as owner occupied units.

All of these changes take effect on March 1, 2009, except for the insurance provisions, which take effect immediately.