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The first amendment is all this is about. The statement isn't accusatory or inflammatory or inciteful, and for that matter doesn't even name the board. I would dare one to try and ban it.

Not much of an answer. You can't sublease your apartment or condo so how does a squatter claim rights? Why can't you just go to the manager and say hey, someone is in my condo?? They know it's yours.

It's understandable that viewers who have had unpleasant experiences are going to provide commentary compared to the millions of people that are pleased with their association, volunteer board and managers. As an advocate for association education, I do try respond to appropriate commentary where I feel it can offer an explanation or clarification.

It's understandable that viewers who have had unpleasant experiences are going to provide commentary compared to the millions of people that are pleased with their association, volunteer board and managers. As an advocate for association education, I do try respond to appropriate commentary where I feel it can offer an explanation or clarification.

Homeowners associations (HOAs) can only make rules that are deemed reasonable, meaning the rules must be fair, not arbitrary, and should be within the scope of the association's authority to maintain community standards and property values.

Avoid HOAs , not worth it

NEVER live in an HOA. You lose all your rights.

What if the car owner says, "It's not regular rust; it's patina."

Not in Florida. New law guts HoAs.

Another reason to avoid living in an HOA neighbourhood.

Wow, this is really awesome! 🐕

Can the HOA pay everyone’s mortgage? And what about people working different shifts?

Nothing on Florida COA and HOA?

I lived in an HOA for a period of time. Trash cans were not allowed to be visible from the street unless it was a collection day. Keeping the trashcans in the garage was terrible. The HOA we lived in liked to enforce the rules in a "willy nilly" manner. Some were ignored completely. For example, every garage was supposed to be capable of housing 2 cars at "all times." However, there were a number of homes who's garages were full of junk. Others had converted the garage to a game room. They could no longer park there. That was OK. If you drove a "work" vehicle you were not allowed to "park it at home." This was never enforced as far as I know. Leave your trashcan out too long and you had a note on your door.

Was the trash can on a public easement, or was it on HOA-owned property? If the latter, it could be considered abandoned property, and it would be the fault of the homeowner that the property was abandoned. But I'm pretty sure the HOA would have to hand the can back to the city if the city went to them.

HOA should not take anything or change anything to do with a person's residence without a court order. Even if it is in CC&R

who cares!

Fines? Taking the trash can? This sort of nonsense is exactly why I made very sure my current home was not in an HOA. When my neighbors are late pulling up their can, I just do it for them and they do the same for me.

What happened to being a good neighbor. Many times our trash is collected late and i move our elders trash cans up from the road to the house. I dont go over and tell them to get out and move it.

can an HOA take your trash cans? depends, does the HOA own the trashcans? the garbage company? the home owner? if its not the HOAs property its out and out theft and just have the HOA admins arrested.

The City, not the HOA, owns the trash can. You get a specific number of days to leave it out past the pickup day. How about HOAs mind their own business -- because this doesnt fall under their domain.

That's called THEFT. Call the police on them and they will learn their lesson.

HOA can do anything that's in writing. who is enforcing HOA rules against you? one of your neighbors. you promised to follow the rules. almost every HOA video is a case of someone not following the rules they promised to follow.

I gave you a thumbs down because of your comments regarding theft. There is no ambiguity. Taking property is theft, and the HOA does not have any authority to steal. This is why HOA's have contracts, and those contracts are only enforceable by court order & judgement.

Theft of property.

The thought to take the trash can is a parent-child, bully approach. Why does the HOA want to create that animosity in the neighborhood? The HOA is taking their authority too far. If the consequence is a fine, then fine them and leave it at that.

Trash cans here belong to the city. Taking one can result in theft charges.

is that not theft? to take it?

We have neighbors that leave their trash cans out all week. It's an eye sore, but I'm more willing to put up with that then all of the ridiculous HOA egos.

Take my trash can, I'll use your lawn.

Geese are cute, what's your problem?

Sounds like someone just wants to feed animals at the pound

Yet you allow the residents to store 15 gallons of gasoline in their cars?

This is brilliant! Having a binder with a summary of all the important information would be so helpful!

Never live anywhere with an HOA

Great idea. Why should an ev user endanger other people and property storing their evs. If they are going to use an ev, there needs to be safe practices for them to follow.

Will grandma's electric wheelchair fall into the same category ?

For almost 10 years I've done it, this absolutely made me laugh!congratulations!

Dawn M. Becker-Durnin, CIRMS: Always obtain evidence of insurance naming the association and management company as additional insured (as should be required in the written contract) from the service provider PRIOR to work starting! Dawn Becker-Durnin PeopleFirst Property & Casualty dawn.becker-durnin@insurepeoplefirst.com www.HOAInsuranceSC.com

Sara A. Austin (PA): The question is interesting. While one might think the First Amendment applies, there is no government (state or federal) action here, but only a restriction imposed by a planned community association. If there is an existing restriction that would apply so as to cause removal of anything with an obscene gesture, then the restriction may well be valid. However, if this is only objectionable (and a violation) because it is a Santa making the obscene gesture, then the restriction may potentially be discriminatory on the basis of religion. I would suggest that the association be careful here as trying to have the owner remove the offending Santa may give it more “publicity” than it is getting now. Further, the offending Santa probably has to come down shortly after Christmas (or after New Year’s), so it’s short life is almost over. On the other hand, doing nothing if indeed it is a violation of a broad restriction (not just religious) may lead to a determination that the restriction no longer is valid. It’s a fine line and I suggest that the association discusses the facts in more depth with its attorney and obtain a legal opinion as to whether and how to proceed. Sara A. Austin Austin Law Firm LLC York, PA 17403 saustin@austinlawllc.com www.austinlawllc.com

Sean O'Connor (SC): As is most often the case, the answer will depend on what the governing documents say. If the Association’s CCRs and/or Rules & Regulations are well-drafted and effective, they should contain a restriction or rule that prohibits any signage, decorations or other visible display of any sort that could be seen as offensive or insensitive. A display with Santa Claus giving the middle finger or other similar obscene gesture would certainly fit under that definition. Typical and recommended language in the CCRs or Rules & Regs would say something along the lines of, “No offensive or inappropriate signs, flags, decorations or other visible item of any sort are permitted to be displayed at any time on the outside of any property or from inside the property in a manner which can be seen from outside. Offensive and inappropriate is defined as any verbiage, picture(s) or image(s) implicating opinions, ideas or themes of race, religion, sex, etc. Final ruling on what is offensive or inappropriate will be determined by the Board of Directors.” If the Association does not currently have adequate language in its governing documents regulating such displays, the Board should confer with legal counsel about amending to add such language. Sean O'Connor, Esq. Finkel Law Firm, LLC Charleston, SC 29423-1489 soconnor@finkellaw.com www.finkellaw.com

David Dockery (NJ) / NY) In both New York and New Jersey, an Association Board could demand alteration or removal of a Santa Clause ornamentation making an obscene gesture. Best practices for any Association would be to have a reasonable Rule or Policy Resolution in place which deals specifically with holiday decorations and terms of enforcement. Absent some type of policy, many governing documents contain covenants prohibiting offensive conduct and/or prohibit owners that engage in conduct deemed a nuisance. However, a Board should be cautioned to tread carefully as the enforcement of a holiday decoration policy is fact-sensitive and advice of legal counsel is well-warranted. While some jurisdictions apply the U.S. Constitution’s first-amendment principles to political or religious displays, it would be very difficult for an owner to argue that they have an unfettered legal right to display secular holiday decorations, let alone those that are commonly viewed as offensive in nature. David Dockery Becker & Poliakoff Morristown, NJ 07960 DDockery@beckerlawyers.com www.beckerlawyers.com

David Byrne (NJ): The generally used and most popular way for an association to protect itself in regard to the actions or inactions of contractor is an express defend, hold harmless and indemnification clause placed into any contract between that association and the contractor. In this way, the contractor should have to pay for the association’s defense should a lawsuit, or governmental punishment effort, start because of a contractor’s actions or inactions. Also, should the lawsuit result in a verdict (or the governmental action result in fines and/or penalties) by which eh association must pay damages, the “hold harmless” and “indemnification” terms should force the contractor to pay those damages. A few quick and fundamental points. First, to the extent possible, almost all contractor-provided services should be provided in conjunction with a written and executed contract. Second, that contract should have the aforementioned “defend, hold harmless and indemnification language. Third, if the board is inclined to execute a contract provided by the contractor not only must that type of provision be inserted but the contractor-prepared contract must be scrubbed of any conflicting terms. Lastly, the only way to have a contractor indemnify an association for that association’s own negligence (as opposed to the contractor’s negligence) is to have the “defend, hold harmless and indemnification” provision specifically reference the association’s negligence. David Byrne (NJ/NY/PA) Ansell Grimm & Aaron, PC Princeton, NJ 08540 djb@ansellgrimm.com www.ansellgrimm.com

Sean O'Connor (SC): If an owner’s reaction to being fined for a violation of the covenants or rules and regulations is to simply pay the fines while continuously and repeatedly committing the same violation, then it would appear the fine process is not effectively serving its intended purpose, which is to deter and prevent violations. Many associations’ covenants have escalator language in their governing documents which provide for increased fine amounts in the event of repeat instances of the same violation by an owner. If the covenants or rules and regulations do not contain such language, the Board should confer with the association’s legal counsel about amending to add such language. The nature of the violation is not specified in this question, but if the increased fines don’t solve the problem, then depending on the type of violation, how serious it is and how detrimental it is to the well-being of the community, the Board may decide to seek a court order against the owner requiring that he or she must cease and desist committing the violation under penalty of contempt. If the governing documents were drafted properly, they will contain language providing that the legal fees and costs of going to court and obtaining the court order are chargeable to the homeowner whose prohibited conduct forced the association to take such legal action. Prior to filing the lawsuit, a warning letter to the owner from the association’s legal counsel notifying them that legal action at the owner’s expense is the next step might be enough to persuade the owner to cease and desist committing the violation. If not, the association can file suit against the order seeking the court order. Sean O'Connor, Esq. Finkel Law Firm, LLC Charleston, SC 29423-1489 soconnor@finkellaw.com www.finkellaw.com

Jennifer Alexander (NY/NJ/PA): The focus of the board should be enforcement of the community’s guidelines. If an owner is continuing to pay fines due to violations, then the fine is not acting as the deterrent that it was intended to be. In such a situation, the Association should consider filing a legal action to demand the enforcement of the governing documents. The documents usually permit legal fees associated with this type of legal action to be paid by the owners who are not in compliance. Jennifer Alexander (NY/NJ/PA) Griffin Alexander, P.C. 415 Route 10, 2nd Floor Randolph, NJ 07869 (973) 366-1188 jalexander@lawgapc.com www.lawgapc.com

Ms. Gerelli is right on the money, designated premises endorsements limit coverage only to the common areas of the association! Look at those commercial general liability policies carefully and review the schedule of forms and endorsements that is included with every policy. If you have any questions, always consult with your community association insurance specialist.

This is awesome!

This is so accurate had me laughing which as a condo manager we know isn't a daily convince lol. Thanks for the uplifting video it made me feel not alone in this job lol!!!!!!! SO TRUE I always say its a high school