New Rules Threaten Property Values
Board Passes Ban On E-Bike Storage
Our board president’s decision to withhold information about proposed rules changes under the pretense that they are unimportant, is a dangerous precedent.
Brought to you by Drew McManus, your neighbor in 7908.
On Monday, August 19, 2024 the HOA board unanimously passed a set of new and revised house rules without first providing clear, comprehensive, and detailed information to homeowners. All of which should be deeply concerning. Many of these changes not only put our association at risk of litigation but will also have a negative impact on property values and quality of life.
PROCESS MATTERS
Broken Process = Broken Rules
It all began when Board President, Scott Timmerman, unilaterally decided that he alone knows best what information owners need, disregarding their right to input.
I attended the Owners’ Forum meeting on August 19 and asked Timmerman about why owners didn’t receive any documentation about the proposed changes. He asserted that sending the extra sheet of paper in the mailing would have been too costly and the proposed rules language “were not very significant” therefore not warranting any additional information.
“If you read a rule that says you can’t duplicate fobs, the rationale is we don’t want people duplicating fobs. I think it’s…it…you know, I don’t see it as being that confusing that it needs a big long answer or explanation.”
Saying the same thing twice simply using different words isn’t an explanation. It’s like saying “the sky is blue because it’s blue.”
In the spirit of transparency, here’s Timmerman’s full response, unedited:
The process was made more difficult because the office provided owners with an incorrect version of the Fees and Fines schedule when requested. Timmerman, however, has yet to address the error or inform owners they received incorrect information.
Timmerman’s claim that providing owners with the necessary information to make informed decisions was too costly is flawed. The information could have been easily disseminated digitally at no additional expense. He simply didn’t want owners to have the information.
These are dangerous attitudes. Accurate and timely information is crucial for owners to make informed decisions about their property and finances.
Here’s What Should Happen
Good governance on this matter is clear1: whenever changes to the House Rules are proposed, owners should receive a redline copy and reasons the association is undertaking them.
This simple process, regardless of the proposed changes, demonstrates respect for homeowners and helps ensure fair and transparent decision-making.
Reckless Governance
Ban On Storing E-Bikes
One of the most egregious changes is the new ban on storing E-Bikes in the bike storage rooms.
- The board’s decision is both misguided and harmful. While Timmerman cites concerns about lithium-ion battery safety and liability, the association’s facilities pose no such risks. This ban unfairly limits a common area amenity for many owners, potentially leading to legal issues and damaging the association’s reputation.
- The rule’s language is vague and ineffective. If the real concern is lithium-ion batteries, the rule should focus on their storage, not the entire e-bike. When asked Timmerman if storing batteries in individual lockers would be allowed, the board president confirmed it would, highlighting the ineffectiveness of the ban.
- Despite this, the board approved the rule change. This decision demonstrates a disregard for the needs and rights of homeowners.
- Punitive Enforcement: The ban’s continued enforcement, even for e-bikes with removed batteries, is unnecessarily punitive. This not only disregards the needs and rights of homeowners but also discourages potential buyers. Additionally, it introduces a new legal risk by potentially violating the rights of owners with medical reasons for needing an e-bike
“Timmerman frequently complains about lawsuits, but actions like the E-Bike storage ban only make lawsuits more likely.”
TAKE ACTION
Conclusions
The board’s recent decision to pass a set of new house rules without adequate input or transparency is filled with concerning decisions. The ban on E-Bikes, along with other proposed changes, has the potential to harm property values, damage the association’s reputation, and create legal risks.
While we have focused on these specific issues in this article, it’s important to note that there are additional problematic changes that warrant further examination (FOB fines, dog rules, and more). In future articles, we will delve deeper into these other issues and continue to advocate for transparency, accountability, and the protection of homeowners’ rights.
I urge all residents in advocating for better governance. Make your voice heard by sending a letter to Board President Scott Timmerman and House Rules Committee Chair Melinda McMullen using the following template:
Be respectful, concise, and clear in articulating the negative impact it has had on you and your fellow homeowners. You are welcome to use the example language as-is, but feel free to personalize the example message before you send.
Curious to learn more about some of these issues? Feel free to get in touch, I’m happy to chat.
- “Along with a notice, your HOA board should send a copy of the rule change to all association members. Make sure to include all the details of the change and the reason the association is undertaking it. Your HOA board should then ask the members for their comments and input.” https://emspm.com/change-hoa-rules/#:~:text=Along%20with%20a%20notice%2C%20your,for%20their%20comments%20and%20input. ↩︎