National Condo & HOA News

N.Y.C. ‘Segregated’ Condo Gets Green Light For Separate Entrance For Poor Residents

Extell, a Manhattan high-rise luxury condo developer, has reportedly been given the green light to proceed with their plans to add a separate entrance to ...

Meadows condo replaces iron pipes that didn’t last (FL)

A spate of slow drains, cracked pipes and instances of sewage running between walls at a condominium complex in The Meadows has homeowners taking on ...

Communities in West Boca (FL) seek to ban government rental assistance

Home prices are up, long-vacant houses have families moving in, but fear of what the future might bring has prompted some of the homeowner associations ...

Special assessment districts cause neighborhood divide, problematic for homeowners

Earlier this month, crews began repaving the roads in the Echo Park subdivision in Bloomfield Township after a special assessment district, or SAD, was established ...

About 200 residents intervene in Glenmary (KY) lawsuit

Attorneys have never seen it before: residents so concerned about their homes that hundreds of those living in a subdivision are willing to enter court ...

Airbnb.com renter turns into ‘nightmare’ squatter, threatens to sue homeowner (CA)

A woman who rented out her home using the popular website Airbnb.com recently found herself living what she calls a nightmare.    She said, the ...

Maine Explosion Still Rattling Lives 13 Months Later

More than a year later, the peace and quiet that once characterized Gables Drive have yet to return. The well-manicured neighborhood of upscale duplexes is ...

Don’t Be Caught By This Scam

We have learned that there is a scam being perpetuated on owners in community associations.  Owners are receiving a mailing which indicates that if they ...

Subdivision’s paving woes highlight gray area in enforcement

John Stauffer has a problem. The roads that lead into the subdivision where he lives, Carrington Hills, are not up to state standards and he ...

Conflict at Sun Bay Town Homes may continue indefinitely

The residents of Sun Bay Town Homes were alerted one day in March that their cars were being towed.   All of the residents own their ...

Road salt taints wells in Charlton (MA); state seeks alternate water source for condos

According to the state Department of Environmental Protection, the condo association also faces challenges from iron and manganese — naturally-occurring minerals — and the high ...

Insurance co. still not paying claims 9 years after Wilma (FL)

More than eight years after Hurricane Wilma hit Southwest Florida, a Marco Island condominium complex is still fighting Citizens Property Insurance over a $4 million ...

Recent Condo & HOA Articles From Around the Web

The Board and Homeowner Struggle

One of the most often asked questions we hear from disgruntled homeowners is “who gave the board the right to tell me how to live ...

Got FHA?

Not every Condominium board is convinced it should pursue FHA certification. Proceed cautiously. It’s not that condominium board president Andrew Hayes is the biggest supporter of ...

Water Efficient Landscape Maintenance – The Easy Way

Here in California we’re experiencing one of the worst droughts in decades. State wide, officials are calling for more stringent limitations on water usage. Water ...

Clearing the Air: Boards Must Respond When Residents Complain about Secondhand Smoke

Although the population of smokers is declining, community associations continue to struggle with disputes between smoking and non-smoking residents. A California jury recently found a ...

Electronic Privacy and Community Associations

Community associations, like many organizations, have caught the technology wave and are increasing their reliance upon the lnternet and other digital media for conducting business. ...

Private Security Cameras in HOAs: How Much is Too Much?

Security cameras offer peace of mind for the resident who installs them, but for the rest of the HOA, they may infringe on privacy. The ...

Consider FHA Regulations When Writing Pool Rules

Many community associations have pools and other recreational areas for the members’ use. It is common for associations to establish rules of use for these ...

Homeowner Association Restrictions on Signage

In election years, political debates are not just limited to the candidates. Debates often arise within homeowner associations over restrictions on signage that may limit ...

Senior Living In Condominiums: 7 Things That Condo Corporations Need To Know Right Now (Canada)

It is no secret that Canada’s population is aging.  We have all heard the news that more and more baby-boomers (born between 1946 and 1965) ...

Pet Rules Regarding Breeds – Right for Your Community?

The trend to consider breed specific restrictions arises in several contexts. Some condominiums which had prohibited dogs now wish to enlarge the population of potential ...

All’s Fair! – What Community Association Boards and Managers Need to Know About the Federal Fair Housing Act

Fair Housing Act, Title VIII of the Civil Rights Act prohibits discrimination in the sale, rental, financing, insuring and other housing related services of dwellings ...

Should condominium seek HUD qualification?

The Federal Housing Administration, or FHA, is a mortgage loan insurance provider. FHA is housed with The Department of Housing and Urban Development, or HUD. ...

Legal & Legislative News

A Primer: Economic Loss Doctrine Not Necessarily Bar to Tort Recovery (MA)

Although the “economic loss doctrine” has historically barred recovery of certain classes of tort damages, the Massachusetts Supreme Judicial Court recently affirmed an Appeals Court ...

A deep divide over condo foreclosure bill (IL)

An Illinois bill awaiting the governor’s signature or veto has deeply divided a constituency with a shared goal: getting new owners into foreclosed condominiums.  The ...

Courts curb power of HOAs to amend Declarations (NC)

I’ve written before about amending the Declarations for a homeowner association. A new case handed down this month by the North Carolina Court of Appeals ...

Architects Beware: It is Now Settled That the Principal Architect Owes a Duty of Care to Third Party Purchasers for Negligent Design (CA)

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, the California Supreme Court held that architects and engineers can be held liable to ...

Who is Reading Your Mail? The Florida Condominium Termination Trap

Crowded dockets, understaffed courts, increased foreclosure times, mandatory mediation, trial mortgage modifications, last-minute bankruptcy petitions and litigation tactics, which in far too many instances fell ...

“Spoliation of Evidence”: Another Reason Not to Misbehave During a Lawsuit (NY)

In the ever-amusing annals of things co-op and condo boards shouldn’t do, one of them is breaking into an apartment during a legal dispute. This ...

New law prohibits some fines for brown lawns during droughts

Californians who let their lawns die during a drought won’t risk a slap on the wrist from their homeowners’ associations, thanks to a bill signed ...

Which affirmative defenses might derail your community’s enforcement efforts

Most association boards can decide when they wish to pursue an owner who has violated the community’s restrictions. However, it is the rare board that ...

ARRL President Issues Call to Action to Gain Support for HR.4969 Amateur Radio Parity Act!

If the measure passes the 113th Congress, it would require the FCC to amend the Part 97 Amateur Service rules to apply PRB-1 coverage to ...

AG sues Colorado’s largest foreclosure law firms alleging massive fraud

Colorado’s largest foreclosure law firms — The Castle Law Group and Aronowitz & Mecklenburg — were slapped with massive civil lawsuits Tuesday by attorney general ...

Marijuana: Coming to an Association near you….

On June 16, 2014, Governor Rick Scott signed two bills into law, collectively referred to as Charlotte’s Web, which legalize the use of marijuana to ...

The 2014 Legislative Agenda in New England

The old saying that the only sure things in life are death and taxes leaves out a third certainty: legislation. Across New England each year, ...

Op/Ed

Shamed for a Bike Ramp: What’s Wrong with My Home Owners’ Association?

Let me tell you a little bit about me. I am practical, not elaborate in needing too many material things, I love allowing my kids ...

HOA Fines Force Tear Down of The Graffiti Fence

With a heavy heart I must tell you that the Graffiti Fence Experiment is being shut down because the Summerlakes Homeowners Association is raising the ...

Builders (CO) insist the threat of lawsuits keeps them from erecting condos

Here’s a surprising fact: Despite the popularity of starter homes in today’s recovering housing market, Colorado builders aren’t throwing up many condominiums.   Read more………

Why Should Your Condo Be FHA Certified

Ensuring your HOA and community has many perks to draw in potential homebuyers is a must, and now you can add FHA certification to that ...

FHA Loans: No to Condos

It was not many years ago when a client using an FHA loan to buy a home was rare.  Over the past few years, the ...

Battle begins for Sarasota County Human Rights Ordinance

The desire for the HRO came out of a conflict with 2013 Venice condo complex, Casa Di Amici, where Nowak rents her condo to her ...

Should homeowners associations allow therapy dogs?

Service dogs make sense. Service pigs, I have my doubts.   In Lake Worth, Eric and Rori Halpern say their pet potbellied pig Wilbur is a ...

When You Send Plans to Your Homeowners Association, It’s Real

In case you don’t know me very well, here’s the deal on my property. Eric and I have 4 acres.  Our acreage is located in a ...

It May Be Time to Fire Your HOA Management Company

Here is a lesson that we can all take to heart. My contact and experience with management companies is fairly extensive–both as a home owner/investor and ...

Should the US flag be exempt from neighborhood rules?

There is a new controversy over an American flag and the rules of a homeowner’s association – this time in the Denver suburb of Littleton, ...

Disputes illustrate need for online tribunals (Canada)

The underlying issues in all three of these cases are what province’s new online Civil Resolution Tribunal was supposed to fix.   Announced by B.C. in ...

FHA Is Proposing Ban on Transfer Fees the FHFA Rejected — and It’s Still a Bad Idea

The Community Associations Institute (CAI) is opposing a proposed rule that would prohibit community associations from collecting transfer fees on the sale of units in ...

Spotlight Category - Fair Housing Issues

All’s Fair! – What Community Association Boards and Managers Need to Know About the Federal Fair Housing Act

Fair Housing Act, Title VIII of the Civil Rights Act prohibits discrimination in the sale, rental, financing, insuring and other housing related services of dwellings ...

Increased scrutiny on community associations by Fair Housing advocates

Recently, several Kaman & Cusimano attorneys attended the 6th Annual Fair Housing Forum where several speakers presented material on recent developments in Fair Housing law. ...

Lakewood Ranch HOA (FL) temporarily rescinds decision to ban path for disabled child

A homeowners association has temporarily halted a decision to force a resident to remove a gravel and sand path designed to protect his epileptic stepson ...

Accommodation of Service Dogs Under Fair Housing Act

A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained ...

North Palm Beach (FL) condo sued for kicking out family after twins born

The birth of twins was suppose to be a joyous occasion for Adam and Amira Beck.  Instead the North Palm Beach couple was told that ...

HOA (TX) Changes Swimming Pool Rules to Eliminate Adult Swim Time

The rules changed because of a federal case in California that ruled adults only swim time discriminates against other association members who have children by ...

Broward Condo slammed in federal court for FHA violation

If I could award a “best example of what not to do”, it may well go to Sabal Palm Condominiums of Pine Island Ridge Association, ...

Davie (FL) woman with banished service dog gets $300,000 condo settlement

Calling the behavior of a Davie condominium association “absurd” and “unreasonable,” a federal judge has ordered a Davie condominium to allow a disabled resident to ...

Family Friendly Rules

Earlier this month the Department of Housing and Urban Development (HUD) announced that it had reached a settlement with an apartment complex in the Denver ...

Board President Personally Liable for Violation of Fair Housing Act

In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine ...

HOA changes its mind after resident reports it to federal authorities

“A few days later after they were served notice that I turned it into the Housing for Urban Development, their attorney sent me a letter ...

Lawsuit alleges homeowners association refuses to accommodate blind resident

Like many blind people, Margie Donovan uses her computer’s accessibility feature and has every word read aloud to her. Emails, websites, Word documents; everything is ...