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Mandatory Annual Gift to United Way

Started by GeorgerwilliamsW • 12 replies • 1205 views

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GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
For those of us who think charitable giving is a no-no for homeowners associations,recall the thread about charitable giving by a homeowners association.

Well, I suppose it was bound to happen sometime, somewhere. This is in Ohio.
    It has been written into the homeowner's association bylaws that there will be association fees, as well as a $30 annual donation to United Way.

    But what if the homeowner isn't up for donating to the charity?

    "They have supported it 100 percent," said Van Der Giessen of the takers so far. "Now that doesn't mean it
    won't happen. I suspect that it will happen.

    "You never get 100 percent of anything."

    The partners, which also include Peter Weimer, haven't quite finalized what to do if some residents don't
    participate, but it likely won't be a deal-breaker for interested buyers.

    The new program, however, is the first of its kind in the country, and Galvin is hoping the idea - brainstormed
    first by Snyder and Van Der Giessen - will catch on.

    "We expect this will be a national model," Galvin said Monday."
http://findarticles.com/p/articles/mi_qa5333/is_200308/ai_n21333939

    United Way Caring, Giving Communities began several years ago when area developers Bill Van Der Giessen, Bob Snyder and Pete Weimer had an idea for developments to give back to the larger community. This program also helps United Way reach developers and homeowner associations which work closely with the significant retirement and vacation populations in Ottawa County. There are currently four United Way Caring, Giving Communities: Falling Waters, Fairway Villas, Marsh’s Edge, and Catawba Bay.


FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By GeorgerwilliamsW on 10/19/2008 7:28 AM
For those of us who think charitable giving is a no-no for homeowners associations,recall the thread about charitable giving by a homeowners association.

Well, I suppose it was bound to happen sometime, somewhere. This is in Ohio.
    It has been written into the homeowner's association bylaws that there will be association fees, as well as a $30 annual donation to United Way.

    But what if the homeowner isn't up for donating to the charity?

    "They have supported it 100 percent," said Van Der Giessen of the takers so far. "Now that doesn't mean it
    won't happen. I suspect that it will happen.

    "You never get 100 percent of anything."

    The partners, which also include Peter Weimer, haven't quite finalized what to do if some residents don't
    participate, but it likely won't be a deal-breaker for interested buyers.

    The new program, however, is the first of its kind in the country, and Galvin is hoping the idea - brainstormed
    first by Snyder and Van Der Giessen - will catch on.

    "We expect this will be a national model," Galvin said Monday."
http://findarticles.com/p/articles/mi_qa5333/is_200308/ai_n21333939

    United Way Caring, Giving Communities began several years ago when area developers Bill Van Der Giessen, Bob Snyder and Pete Weimer had an idea for developments to give back to the larger community. This program also helps United Way reach developers and homeowner associations which work closely with the significant retirement and vacation populations in Ottawa County. There are currently four United Way Caring, Giving Communities: Falling Waters, Fairway Villas, Marsh’s Edge, and Catawba Bay.



I would like an atty to read your cc&r's... I have a feeling that there is a anrguement there.
KirkW1 (Texas)
Posts: 1,665
Posted:
To say there hasn't been any push back is probably a bit of a misrepresentation. Most people don't bother to look over the documents before purchasing. From what I have heard my builder was different in that when I put down money for the start of construction I received a copy of the CC&Rs.

But I wouldn't purchase there without an amendment. It has nothing to do with the mandatory donation. But rather it has to do with first, my belief they have no business dictating what organization will handle my donations. I generally only give enough to United Way to help my employer meet their percentage of givers.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By KirkW1 on 10/19/2008 7:59 AM
To say there hasn't been any push back is probably a bit of a misrepresentation. Most people don't bother to look over the documents before purchasing. From what I have heard my builder was different in that when I put down money for the start of construction I received a copy of the CC&Rs.

But I wouldn't purchase there without an amendment. It has nothing to do with the mandatory donation. But rather it has to do with first, my belief they have no business dictating what organization will handle my donations. I generally only give enough to United Way to help my employer meet their percentage of givers.
So the piddling sum of $30 annually (out of a $700+ annual fee) would prevent you from purchasing a home in this community?
GlenL (Ohio)
Posts: 5,491
Posted:
George I'm surprised you would be for it, civil libertarian that your posts make you out to be; the very idea of a pseudo governmental body mandating not only what charity you must support but a minimum amount. You're lucky that it probably wouldn't fly in Indiana where you state the courts have ruled that outrageous covenants are unenforceable.
Studies show that 5 out of 4 people have problems with fractions
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Is that $30 per unit or $30 total from the HOA to UW?

Either way, using HOA funds from Membership to make charitable donations, unless (maybe) there is a solid nexus/quid pro quo between the two orgs, is out of line and an expenditure I, as an HO, would protest, and probably prevail.
SusanW1 (Michigan)
Posts: 5,202
Posted:
It's not the amount that is so offensive - it is the mandatory fee for something that the HOA has no business funding.

There would be a revolt in my HOA is this was even thought about.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By GlenL on 10/19/2008 8:43 AM
George I'm surprised you would be for it, civil libertarian that your posts make you out to be; the very idea of a pseudo governmental body mandating not only what charity you must support but a minimum amount. You're lucky that it probably wouldn't fly in Indiana where you state the courts have ruled that outrageous covenants are unenforceable.
I did not say I am for or against this. My position was, and remains, that there is nothing incorrect, illegal, immoral or fattening about a homeowners association supporting a 501(c)(3) or other charitable organization if it is in the interest of the association to do so.

And, according to the posted information this a a bylaw provision, not a covenant issue.
GlenL (Ohio)
Posts: 5,491
Posted:
If a BOD wants to do it on a voluntary basis with their personal money then more power to them but they better not use mine. I would fight this as much as I fought for a rebate of my union dues to keep the union from using my money to fund political campaigns I didn't believe in.
Studies show that 5 out of 4 people have problems with fractions
KirkW1 (Texas)
Posts: 1,665
Posted:
George,

It is not the sum of $30 that is at issue. The issue is that the HOA is dictating to me what organization I will support. And yes, I would allow that to send me looking for another place to buy.

My experience is that they will also decide many other choices for me that I don't care to make. Many people's issues with HOAs lie with the feeling that the organization dictates too much into their lives. And I would be surprised if this organization isn't even worse.

I would love to believe that this is all good and well. But I just don't find it that easy.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
The truly odd thing about this situation, is that the so-called contribution to United Way is no longer a gift since it is mandatory. As such, the IRS could decide that being non-voluntary it is not deductible from income when computing federal income taxes.

Were there an opt out provision for a reluctant homeowner it would be more palatable. Otherwise, it becomes a "United Way tax" on association members.

It is kinda like the "mandatory voluntary service projects" that many high schools in my area now require. At least, they have had the good sense to change the name to "community service projects."

It is reasonable to assume that the developer has decided that the designation of "Caring Community" enhances the marketability of the units in the development. (Or, at the least, provides the developer with some sort of other tangible or intangible benefit.) And, it is reasonable to assume that the association in maintaining the bylaw provision has decided that such a "Caring Community" designation is in the best interests of the association.
KirkW1 (Texas)
Posts: 1,665
Posted:
I guess I am a cynic at heart. I believe that this is nothing more then a marketing ploy. There is an ever increasing amount of desire for people to feel good about their contribution to the environment and to "give back" to the community. So this guy has found a new method of tapping that feeling.

The residents feel good because their community all "gives back." Meanwhile probably every one of them could afford to give much more then the $30 a year.

But what are they really giving? Do they mandate that the homes be as energy efficient as practical? Do they have landscaping that is water and maintenance efficient (making use of native and improved species of plants)?

Does the HOA actively publish places to become involved? Instead of simply requiring a $30 tax to United Way, they could publish details on how to become a big brother or big sister. They could publish details of when help is needed at teh local soup kitchen.

It isn't that I have a problem with the HOA becoming involved in the greater community. I would welcome that. But specifying that an annual "gift" to a specified charity is required doesn't give me a fell good kick.
BryanG1 (Florida)
Posts: 43
Posted:
The charitable part, I don't mind. But what if the board decides it wants to give a donation to an organization that I may not agree with like the local chapter of the KKK (which, by the way, is a non-profit organization) or something similar?

I can't see forcing homeowners to donate to a charity. This would never fly in my neighborhood...nor would I let it, as a member of the community or a member of the Board.

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