最新杏吧原创

鈥淥ne of our subdivision鈥檚 owners once summed up the job of the HOA board for me,鈥� Mackay wrote me in an email. 鈥淗e told me it was to protect owners from themselves. After six years I understand his opinion.鈥�

Mackay was one of several HOA leaders in the 最新杏吧原创 region who responded to my recent columns on the dispute between Christe Mirikitani and the Country Creek Homeowners Association in Ballwin.

Mirikitani teaches softball pitching to girls in her parents鈥� backyard, the same place she learned to play the game. For about 10 years, she and her parents, Jim and Judy Boen, have been in a dispute with the HOA about the softball lessons. The HOA is now considering new rules that could include fines and liens on a property the trustees deem a 鈥渘uisance.鈥�

There鈥檚 a better way, Mackay suggests.

Jerry Grimmer, a Bridgeton resident, agrees. He鈥檚 fine with an HOA indenture that doesn鈥檛 allow a person to run a business from their home. His subdivision has one, too. But a little bit of neighborliness 鈥� on both sides of such disputes 鈥� can go a long way, he says.

鈥淚 am happy to report that issues have arisen in Harmony Hills but by careful and thoughtful engagement with the homeowners, reasonable compromises have prevailed,鈥� Grimmer says. 鈥淲e do not go out of our way to make problems where none exist.鈥�

One of the reasons I think the Mirikitani story hit a nerve with so many folks is that our world has changed after the COVID-19 pandemic. For one, many of us forgot how to talk to each other. Also, many of us 鈥� under the letter of the law 鈥� are conducting business in our homes on a regular basis, despite HOA indentures against it. The new 鈥渨ork-from-home鈥� reality has rendered many indentures and covenants obsolete.

I looked mine up the other day. One restriction bans using a home 鈥渇or business of any character.鈥� I鈥檓 a scofflaw. So are lots of my neighbors, to differing degrees. So far, the HOA police have left us alone.

And for the most part, they should, Mackay says.

鈥淭he subdivision indenture that prohibits running a business is a double-edged sword,鈥� he said. 鈥淚 can attest to that with numerous examples from the HVAC guy who works out of his home and just parks his truck in his driveway, to the guy running an auto detailing business in his driveway/garage, or to the guy who is a consultant and simply works inside his home online.鈥�

Part of the problem, Mackay suggests, is that Missouri doesn鈥檛 have a statute that sets rules for HOAs. Most of Missouri鈥檚 border states guiding what HOAs can and can鈥檛 do, or to allow the Legislature to intervene if there are abuses.

In Colorado, for example, state lawmakers are trying to rein in HOAs that are using their power to issue fines and liens to foreclose on homes. One law that will take effect in 2025 or selling them at auction because of unpaid fines from covenant violations.

Other proposals, including ones to boost transparency in HOA governance, appear stalled as the legislative session nears its end.

For another HOA leader who wrote me, that lack of transparency is a big problem. The man, who asked that I not use his name, was elected recently to his condominium owners association on a platform of 鈥渢ransparency.鈥� He didn鈥檛 believe that condo owners were getting good information from the trustees.

When he showed up at his first meeting, the president asked him, 鈥淲hat did you mean by transparency?鈥�

The president then proceeded to tell him that what happens at the association stays at the association 鈥� all business is confidential.

鈥淚 was taken aback,鈥� the man told me.

He shared the story with me, knowing he was violating association rules, because he believes that too much power in the hands of people who can use it against their neighbors can be a bad thing.

An HOA serves an important role. Mackay is proud of his service leading one. But there are guardrails that trustees should respect.

Mackay鈥檚 most important advice: 鈥淲orking things out as neighbors is the best possible solution to many issues.鈥�