Another form of claim staking involves expanding personal living quarters into attic or crawlspaces when the architecture permits. Unit owners have been known to mole into crawlspaces to build wine cellars, extra bedrooms and storage bunkers. It’s not uncommon to find certain residents growing "exotic plants" in the attic, out of sight of drug enforcement. Have you ever seen a strange violet glow coming from attic vents after dark? Aha!

Condominium ownership is usually defined in the governing documents as "from the decorated surface of the unit in". Admittedly, condo living is not for everyone. Folks that are used to digging in the dirt and redesigning their home are not going to be comfortable with these boundaries. They crave what Hitler called "leibensraum", more living room. While these folks don’t use guns and tanks when they expand, they often feel they have the right to take over whatever common area space adjoins their unit. And sometimes, the Board agrees and approves them doing it.

The problem is, neither an owner or the Board has the authority to reallocate common area unless 100% of the members agree to it by amending the governing documents. Another more practical consideration is that these modifications often impact the ability of the HOA to properly maintain the grounds and buildings. For example, improperly installed decks are a common source of dryrot to the buildings. Add on rooms in the attic or crawlspace cause additional intra-unit noise and fire hazard potential.

It is very important for the Board to understand it’s role as Defender of the Common Area. The common area belongs to all members and no one owner has the right to stake claim to it. Preventing claim staking requires constant vigilance by the Board. Once one unit owner is allowed to stake claim, others will quickly follow suit thinking if it’s okay for one, it’s okay for all. Soon, there will be multiple violations and the Board will have a heck of a time trying to undo it all. Be watchful and preempt these moves early.

If the horse is already out of the barn and there are already multiple violations, it’s time to determine the scope of the problem and prioritize the violations according to flagrancy. Curb appeal issues directly impact market values so violations of this kind you would want to deal with more aggressively. Violations like fencing, decks or storage sheds, or added rooms are the next priority. More minor offenses like owner planting beds, lawn ornaments, furniture and whirlygigs are lower priority.

If there are multiple violations of a common sort, it’s best to address them simultaneously to avoid the "What about so and so? They have one too" defense. The Board should have a cohesive strategy for responding to every violation. It’s important that individual board members do not negotiate with violators or give them the impression it’s no big deal because this will undermine Board authority. Besides, these violations are a big deal and appeals should be addressed only to the Board as a whole by holding an appeal meeting with all the players present. That way, when the defense is presented and the Board decision is made, everyone is informed.

Some owners may have a valid defense for their violation or have obtained written approval from a prior Board (curses!!!). In those cases, the current Board should try to negotiate a dismantling date, even if that date is when the owner sells the property. Whatever the outcome is, it should be formalized in a recordable document that is signed by filed against the unit title so future the owner and the Board President and buyers are informed of the deal.

Claim staking is as natural as the sun rising. It is bound to happen sooner or later in some form or another. It’s up to the Board to be aware and prepared to defend the common area from claim jumpers.   BACK

Homeowner associations have a unique opportunity to reverse or moderate these attacks on America’s traditional values and liberties. As private organizations, they have the right and flexibility to decide how issues of faith expression are dealt with and avoid the nonsense of political correctness.

While HOAs can’t enact rules and regulations that contradict the Bill of Rights, they do have some latitude on how these rights are played out. Free speech can be restricted on private property. One example that comes to mind is limiting personal signs in the common area. In other words, the fact that America enjoys free speech doesn’t entitle a citizen to crash a private party to express it. So it is with signs. HOAs can control or restrict signs in the common area if that’s what the members want.

When it comes to religion, homeowner associations are not faith free zones. As private organizations, the members are free to do whatever is legal in their own homes and whatever the board feels appropriate in the common area. There are several faith related issues that seem to cause confusion and consternation in HOAs: holding religious services in the clubhouse and hanging Christmas ornaments in the common area. How are they best handled?

Religious Services in the Clubhouse. HOA clubhouses are generally made available for the private use by members and residents. If a resident wants to host a poker party, a quilting club or High Mass, they are all legal activities in every state of the country and, as such, the HOA should not have a policy restricting the activity.

There are some limiting factors which may be included:

• Restricting Outside Groups. The HOA may have a restriction that limits use to residents and their guests and preclude outside groups from using the facility if no resident is involved.

• Limiting Access to Schedule. There may be limitations placed on a resident who wants to monopolize the clubhouse schedule for a set time each week indefinitely.

• Charging a Fee. The HOA can invoke a reasonable fee for private use since use creates wear and tear on the facilities.

• Restricting Private Use. The HOA is not obligated to allow private use of the clubhouse but since most clubhouses are rarely used, unless there is a compelling reason to restrict use, there generally should be a provision for member use.

Christmas Ornaments. Another controversial topic that comes up is whether the HOA should allow Christmas ornaments to be displayed. There seems to be an impression by some that all ornaments should be forbidden. The real answer is "yes and no": It’s really up to the members or the Board acting on behalf of the members to decide and that decision only should impact the general common area. If decorating the common area is something most of the residents feel appropriate, form a committee of interested residents to place decorations that express Christmas, winter, Santa Claus or whatever.

As a matter of policy, the Board can take several approaches:

1. Invite all faiths to help decorate the common area along tasteful guidelines.
2. Limit common area decorations to lights.
3. Prohibit all decorations to avoid controversy.

Demonstrations of religious expression may be just the opportunity a resident curmudgeon needs to beat the drum of discontent. There may even be threat of lawsuits. The last thing the HOA needs is a brouhaha during holidays which are supposed to represent "peace on earth and good will to men". By the same token, the Board should not get railroaded by Grinches regardless of the season. In the final analysis, peaceful religious expression builds stronger community and these activities can be used to harmonize the community. Keep the faith!   BACK