No new statutes this week, just five boards making decisions their owners found out about after the fact. Here's what hit the Frontline.

Tennessee Townhomes Get 30 Days to Take Down Their Cameras

In Nolensville, Tennessee, the board at Bent Creek Townhomes adopted a policy on September 23 banning every exterior security camera except doorbells. That means nothing on walls, siding, roofs, posts or fences. Doorbell cameras can only point at the owner's own home. A September 26 letter gave residents a month to comply before enforcement starts, citing "consistent architectural standards" and neighbor privacy. Some residents point out that neighborhood cameras helped police catch two people in a stolen vehicle. Others like the uniform look. The management company didn't respond to WSMV.

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Our Take: A rule adopted by board vote is a different animal from a restriction written into the declaration, and that difference often decides how far it reaches. Pull out the CC&Rs and look for the specific provision the board relied on. Then check whether owners got notice and a chance to comment before it passed. Before the deadline, request a written explanation of whether existing, already-approved installations are grandfathered. Signs this may need a lawyer's eye:

• Fines start while that question is still unanswered
• Cameras get removed from your property without notice

One Email to Every Resident, Now a $129K Lawsuit

Lotus Palm in Boca Raton fired its tennis and pickleball director, William Ljungstrom, on August 11. According to his lawsuit, the HOA emailed residents the same day saying he'd stolen money meant for a full-time pickleball instructor. Ljungstrom denies it, and says his contract never required the full $50,000 to go to the instructor and let him keep 10% for overhead. He's suing the HOA, GRS Management and three board members for $129,191 in unpaid compensation, $6,005 in debits he calls unauthorized, and an apology. These are allegations, and Lotus Palm hadn't responded as of Saturday.

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Our Take: What usually happens here is that owners read the accusation, nobody reads the contract, and the bill shows up later as a legal-fees line in the budget. Florida owners generally have broad rights to association records, and vendor contracts are typically among them. Asking to see the agreement behind a board's claim is a reasonable, low-drama step. When the person the board is publicly accusing is you, self-help has run its course.

Your Swale, Your Tree, Your Bill

A cold snap killed trees along the swales at Cadence at Tradition in Port St. Lucie, Florida. Those are the grassy strips between the street and the sidewalk. On September 1, the management company sent notices on the HOA's behalf telling homeowners to replace the dead trees at their own expense by September 30. The association's position, per CBS12's reporting, is that owners are responsible for "limited common areas," including areas containing sidewalks. It offered a bulk-purchase discount. "It's just a little bit frustrating and disappointing," one resident said.

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Our Take: "Limited common area" is a defined term, and it doesn't always cover what a notice says it covers. Start with the declaration's definitions and the maintenance chart, if there is one. Then check the plat to see where your lot line actually falls. Some swales sit in a county or city right-of-way, which raises its own question about who decides what's planted there. Get the board's reasoning on paper before buying a tree. A fine or lien threat tied to a strip you may not own is when it makes sense to have someone review the documents.

$1,000 a Year in Dues, Two Months Without Streetlights

Two months of dark streets are at the center of a dues fight at Vacek Pointe, a rural Fort Bend County subdivision outside Houston. Residents pay more than $1,000 a year in HOA dues, and lighting is supposed to come out of that. "It's nothing but cornfields and cotton fields," one resident told ABC13. The HOA said the lights were already out when a new management company took over from the builder on September 1. Service is being restored, but neighbors are still asking where the money went.

Read the article

Our Take: Builder-to-management handoffs are where utility accounts, vendor contracts and bank balances tend to get lost. The question worth asking in writing is simple: who held the streetlight account, and when was it last paid? In most states, owners can request the association's financial records. Ask for the general ledger and the bank statements from the months the lights were out, not just a budget summary. If the records don't match the dues collected, or the request goes unanswered, it may be time for outside help.

There's a longer conversation on what owners can do when an association won't fix what it's responsible for here.

Bozeman's Missing Foot and a Half of Lake

After a construction company ran a pump for about a week in late August, Bozeman's city-managed East Lake dropped roughly 1.5 feet. Sime Construction had permission to draw water, but that permission came from the Lakes at Valley West HOA, back when the HOA managed both lakes. The city took over East Lake in July 2020. The two lakes connect through a valve, so pumping from the HOA's lake drained the city's. Levels are back to normal, and the company has apologized and agreed to pull permits. "What we are is pro-communication," one resident said.

Read the article

Our Take: No villain here, just a permission that outlived the arrangement it came from. This kind of thing tends to escalate when nobody keeps track of who controls which amenity after a handoff. If your association has transferred a pond, a road or a park, it's worth asking the board for a short list of what was handed over and which old agreements were cancelled. If a vendor or neighbor is still relying on one of those agreements and owners are footing the cleanup, that's the point where this stops being a DIY situation.

More next week. If your board passed a new rule this month, find the minutes before you find the fine.

If you'd rather get Frontline in your inbox, you can also follow along on Substack: https://lscarlsonlaw.substack.com/

Architectural Control Rules vs other types of Rules. Can a California HOA fold Usage or Neatness Rules into the Architextralegal Control Rules. We are going through a rule change process and the committee is adding rules under AC that are really usage rules. For example:

We are a manufactured home community with tiny yards. Most units have long skinny driveways/carports that run the length of the lot/home.

Old Rule in Parking Section: The driveway must have room to park at least 2 cars at all times.

New Rule placed under AC: Room for 2 cars and the carport can’t be used for other things such as seating areas or potted plants.

This is just 1 of many new Architectural Control rules that don’t pertain to structures or upkeep, but rather daily usage.

Hi Everyone,

My Condo in CA has hired a new property management company called HOA Unlimited. Has anyone had experience with working with this HOA company? If so, what has been your experience? Thanks

Nv

The part that is of concern :

Many HOAs reserve funds are historically underfunded and this law requires that they be brought to up to required levels as specified in the law.

The association would generally have to fund reserves to a legally required level each year.

If its regular budget does not cover the required contribution, it would have to impose a reserve-funding special assessment on homeowners.

(This on top of any roof, balcony or other major repair project.)

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB2050