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Reactive vs Proactive

Started by NpB • 12 replies • 385 views

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NpB (Arizona)
Posts: 605
Posted:
In your HOA's are you generally reactive or proactive when it comes to issues. Here's an example. Suppose a cane corso moves into the neighborhood and even though it's on a leash, it is intimidating to other dogs and people. Do you then pass a policy or rule prohibiting bully breeds, or do you do so well before a cane corso moves in? I can understand both sides. One side would argue why bring up something that hasn't happened and it will bring out emotions among pet owners and the other side being trying to prevent a lawsuit and having a policy seem personal after the fact.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Considering that home insurance plays a role in dog breeds that is part prevention. Plus so what? Dogs are considered property in the eyes of the law. This would be a private and an animal control issue ...
Former HOA President
LoriM15 (Florida)
Posts: 1,009
Posted:
Dog breed restrictions are a no-win situation for anyone and in many states and local jurisdictions they are illegal. I think any board that wants to get into that level of detail on this issue better speak to their HOA attorney before they try and pass anything.

If the board tries to enact these restrictions before or after someone has one of the "dangerous" breeds it's likely to be extremely divisive in the neighborhood. As a board member I would not even consider touching that topic.
MichaelT21 (Arkansas)
Posts: 462
Posted:
The question is a hypothetical.

To answer it in general, we only create rules when there is evidence for the need for the rule.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By NpB on 11/21/2022 11:08 AM
In your HOA's are you generally reactive or proactive when it comes to issues. Here's an example. Suppose a cane corso moves into the neighborhood and even though it's on a leash, it is intimidating to other dogs and people. Do you then pass a policy or rule prohibiting bully breeds, or do you do so well before a cane corso moves in? I can understand both sides. One side would argue why bring up something that hasn't happened and it will bring out emotions among pet owners and the other side being trying to prevent a lawsuit and having a policy seem personal after the fact.

Do your covenants allow you to selectively decide what dogs are allowed? It's important to remember that the Board can't implement a rule unless it is tied back to something in your covenants that allow you to do so.
NpB (Arizona)
Posts: 605
Posted:
The dog breed is an example. I am trying to decipher whether it is best to be reactive or proactive.

Suppose we have a community hot tub that is heated only in the spring on request and based on temperature. Most reasonable people request it heated when the temperature is in the 70s and for a few days. Future owner moves in and requests heating for one entire month, making it cost prohibitive but technically not against the rules. New owner complains about being denied hot tub heating. Board passes rule in response to new owner of max 3 days per month, per owner. Obviously that is reactive and could be viewed as personal. However if implemented before a future owner with no regard for costs, owners may question why such a limitation if there has never been a problem before.
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By MichaelT21 on 11/21/2022 12:39 PM
The question is a hypothetical.

To answer it in general, we only create rules when there is evidence for the need for the rule.

Can I reasonably conclude then, that your HOA is reactive as opposed to proactive?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We are proactive on finance/budget issues. We are proactive on most all else. We are use the technique of Benign Neglect.
MichaelT21 (Arkansas)
Posts: 462
Posted:
Quote:
Posted By NpB on 11/21/2022 1:55 PM
Posted By MichaelT21 on 11/21/2022 12:39 PM
The question is a hypothetical.

To answer it in general, we only create rules when there is evidence for the need for the rule.


Can I reasonably conclude then, that your HOA is reactive as opposed to proactive?

Yes.

We had a prior Board President, who is an attorney, announce at a meeting that the Board would be instituting a lot of new rules regarding housing, including:

- A rental cap to prevent people from renting out their homes
- A limitation on family makeup to ensure that groups of college kids don't rent out a house
- I can't remember what else

None of these made sense to me because I hadn't seen problems caused by them. Turns out, none were implemented which made me happy.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Considering that potentially hundreds of possible scenarios could arise from trying to what-if anything that could possibly happen, I lean towards the "create a rule when you need it" camp.
Escaped former treasurer and director of a self managed association.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By DouglasK1 on 11/21/2022 5:44 PM
Considering that potentially hundreds of possible scenarios could arise from trying to what-if anything that could possibly happen, I lean towards the "create a rule when you need it" camp.

I agree
KerryL1 (California)
Posts: 14,550
Posted:
Make a rule when and only when you need it, Make sure it's enforceable.

Too many unreasonable rules are one problem that give HOAs a bad name. Our developer had a firm write our first set of rules (urban high rise condo bldg.) And there were lots based on the several years of experience building high rises. But a few of the rules were unreasonable & unfordable so early board dumped them.

There always was a rule that a resident's vehicle must fit in its deeded space in underground parking. Its tires must not overlap the painted stall lines or be longer than those same lines. But, since 2001, lots of vehicles have gotten much bigger. Vehicles' tires wren't extending past the painted lines, but side mirrors were and making neighboring cars' riders squeeze out their doors. So our Board elaborated on the existing rule to say NO PART of the vehicle may extend past the stall lines.

No objections during the 28-day comment period owners have in CA for rule changes. Board approved it.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 11/21/2022 2:25 PM
We are proactive on finance/budget issues. We are proactive on most all else. We are use the technique of Benign Neglect.

CORRECTION

....reactive on most all else.

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