National Condo & HOA News

Homeowners stuck with $15,500 sewer repair bill (WA)

Official documents for the Starlite Park Condominiums, the development’s official name, assigned the homeowners association responsibility for maintaining the common drainage system. In the Starlight ...

Banks’ New Foe: Homeowners Associations

No one looks forward to a bank foreclosure. It’s miserable for the people being kicked out of their homes, it’s miserable for the law enforcement ...

Property manager accused of stealing $180K from HOAs (GA)

A Chamblee property management company owner is facing charges he stole tens of thousands of dollars from homeowner’s associations.  So far, police in Dunwoody and ...

Ombudsman (DE) may weigh homeowner association disputes

For more than five years, Kenneth and Joanne Holbert tried to pay their homeowners association fees by sending checks to the designated P.O. Box in ...

State investigation leads to Fort Lauderdale (FL) condo president’s arrest

A Fort Lauderdale condo president who has allegedly been paying himself tens of thousands of dollars from association funds for years has been criminally charged ...

FBI notifies homeowners association it will be searching today in Emerald Lakes (PA)

The Emerald Lakes Homeowners Association notified residents today that the FBI will be performing some searches throughout Emerald Lakes today as part of the search ...

Frisco HOA (TX) Fights Opening House For Homeless Teens

A Frisco HOA is putting up a fight over some new neighbors who want to move into the community. The debate is over a house ...

Topsail Reef Homeowners Association (NC) seeks larger sandbag revetment

The Topsail Reef HOA has sought approval to construct sandbag revetments larger than normally allowed under coastal management rules in order to protect the buildings ...

Sun City (CA) Concern Preparing To Feed Disabled Seniors

Menifee Sun City Concern Inc., will be holding their 2nd Annual Hot Turkeys Meals to be served on Thanksgiving Day.  The meals are prepared for ...

Wild Dunes (SC) condo owners appeal state fine for illegal seawall

Faced with swamping seas, state regulatory hold-ups and a legal challenge that stopped a sand scraping, the Ocean Club condominium owners had little choice but ...

Disabled Army veteran, Greenfield (IN) homeowners’ association battle over flagpole placement

A local couple’s desire to keep a flagpole in their front yard so they can fly an American flag has sparked controversy in a Greenfield ...

Condominium living: The eye-opening experience of understanding associations

…….That’s because, under state law, condo and homeowners association board members cannot be compensated — something residents of Heritage Heights learned after their developer went ...

Recent Condo & HOA Articles From Around the Web

Fiduciary Duty: Doing What’s Right for the Community

Do unto others as you would have them do unto you: It’s the golden rule taught to children, but it bears repeating for adults considering ...

Have The Right Condo Insurance?

As a condo owner, you receive some level of insurance coverage through the condominium complex’s master policy, which covers damage to the building’s common areas ...

Study Your HOA Papers

One of the most common and critical mistakes a person can make before buying a home is failing to read the neighborhood’s declaration of covenants, ...

Get that Sign Out of Here!

Your neighbor’s front yard sign supporting their favorite political candidate may be upsetting. But that alone is not a reason to spray paint over it, ...

Is Credit Reporting HOA Dues Legal?

The short answer is — “Yes”. Fortunately, the long answer is also — “Yes”.   We get this question regularly. In fact, apparently we get it ...

Called to Serve: Volunteers for Board Service Often in Short Supply

Speak to any volunteer-run organization, whether it is a town board, the soccer association, a church’s childcare program or the school PTO, and the same ...

When Boards Don’t Play by the Rules: Controlling Rogue Board Members

Many if not most boards of trustees get along famously. There are boards that have had the same members for decades and run their communities ...

How to Avoid Maintenance Misunderstandings in Your Homeowners Association

A hot topic among homeowners association members is knowing who is responsible for certain maintenance items in the community, the homeowner or the Association? There ...

Tips for a Safe Halloween in Your Homeowners Association

Halloween is a kid’s delight. It’s a blast to dress up in costumes, go trick-or-treating, attend parties and most of all, eat a lot of ...

Quelling the Quarrel in Your HOA

“Quarrel” has been defined as “the minimum number of people required to hold an argument”. One of the many challenges facing homeowner associations is resolving ...

Look Twice Before You Cash That Check!!

The general rule in community association collections is that any payment on a delinquent account is a good thing, even if the payment is for ...

Building a Better Community in 4 Simple Steps

Having a great community isn’t just about meeting your bottom lines, it’s also about ensuring that residents and employees are happy. Your community may be ...

Legal & Legislative News

Class Analysis Not Needed in Construction-Defect Case

The Nevada Supreme Court has ruled it neither arbitrary nor capricious for a trial judge to decline to perform a class-action analysis in a lawsuit ...

Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the ...

Lakewood’s (CO) challenge to Colorado’s defects law likely to be settled in court

The next venue for Lakewood’s first-of-a-kind measure challenging the state’s much-debated construction-defects law could be a courtroom.  Already, various interests — lawyers, builders, municipalities — ...

State strata laws updated (Australia)

Long-overdue changes to owners’ corporation laws will make it easier for bodies corporate to change their managers and free up an industry that can provide ...

Lakewood (CO) passes construction-defects changes targeting condo lawsuits

The city of Lakewood on Monday became the first Colorado municipality to pass an ordinance that changes the way the state’s construction-defects law works within ...

WI Appeals Court: Fee in Lieu of Room Tax was an Illegal Tax on Condo Owners

Condo owners who did not rent their units to the public paid a “fee in lieu of room” tax to the City of Delevan. Recently, ...

Nevada and D.C. Courts Give Priority of Position to HOA Assessment “Superliens” Over First Mortgages

In late August, the D.C. Court of Appeals rendered a decision in Chase Plaza Condominium Association, Inc. v. J.P. Morgan Chase Bank, N.A., CA-5826-10 (August ...

Washington Supreme Court Limits HOAs’ Ability to Create New Restrictive Covenants

The Washington Supreme Court issued a published opinion this past April that significantly limited the ability of homeowners associations to create new restrictive covenants that ...

Implications of a homeowner association’s statutory priming lien (CO)

While representing an institutional lender in the making of a loan secured by real property located in Colorado, we came across an increasingly relevant issue ...

A Portion of a Maryland Condominium Assessment Lien Takes Priority Over Mortgages and Deeds of Trust

Under Section 11-110 of the Maryland Condominium Act, in the event of a foreclosure of a mortgage or deed of trust on a condominium unit, ...

New Legislation Affecting Homeowners Associations in 2014 (CA)

The California legislative session has ended with the legislature passing, and Gov. Brown signing, a handful of bills that will affect common interest developments, or, ...

Claims for breach of express indemnity clause in construction contracts subject to 10-year statute of limitations in Illinois

In 15th Place Condominium Association v. South Campus Development Team LLC, the Appellate Court for the First District of Illinois held that a claim for ...

Op/Ed

Homeowner’s Associations – The Perfect Storm of Corporate Cronyism and Legislative and Judicial Abuse of Constitutional Rights

Pennsylvania Congressional candidate offers his opinion about legalities of associations.      Read more…….

Is it Time for a “Live and Let Live” Statute?

If you have lived in a condominium or a homeowner’s association, you know that there are rules that we all must follow. These rules are ...

Condo associations restrict rentals for their own good

We received a lengthy comment regarding one of our recent columns relating to leasing restrictions in condominiums. We’ve abbreviated the letter as follows: Q: Rental ...

Un-American Condo Termination Law Needs To Be Changed and In Rebuttal: Another Take on Condo Termination Law

Strong property rights are fundamental to our country’s capitalist system of free enterprise. In The Founder’s Constitution in 1787, President John Adams wrote: “Property is ...

Court’s HOA foreclosure ruling ‘a win for Nevada,’ Las Vegas (NV) investor says

The recent Nevada Supreme Court decision that allows homeowners associations to trump mortgage lenders in foreclosing on homes sent a shot from Carson City across ...

Why the Supreme Court (NV) Decision on HOA Foreclosures Is Good News for Everyone

Lenders and investors are squaring off in Las Vegas over the recent Supreme Court ruling that stated that Homeowners Associations (HOAs) have the authority to ...

Should Dogs Be Allowed Off-leash in HOA’s?

I get a lot of emails about dogs. If I do a post that suggests certain types of dogs should be banned from highly dense ...

Toronto’s condo crisis: Are Tory, Chow and Ford concerned many could be slums in the making? Apparently not. (ON)

“Life is a journey not a destination.” Toronto voters appear to have adopted these words by American poet Ralph Waldo Emerson to signal their number one ...

Is there a greater expectation of privacy in a secure condo or apartment building? (a candidate asks)

I’ve been door knocking all over Stillwater, but when it came to the condos I was again conflicted. I have many friends that live in ...

Avoid 6 Common Condo Pitfalls With 21st-Century Thinking

Too often, housing that targets “empty nest” and “life after work” buyers is still set up for “drop out of the mainstream” and “end of ...

It’s about time our communities caught a break (NV)

Oh, Mr. Friedrich, give me a break! The Nevada Supreme Court got it right! It blows my mind that a Common-Interest Communities and Condominium Hotels ...

Colorado state law hampers building of condos

What will it take to get the state legislature to revise a law that is suffocating the construction of condominiums in metro Denver and thus ...

Canada Condo & HOA News

Crews seeking cause of fire at west Edmonton condo complex

The investigation of a west Edmonton fire, that ripped through a condo complex overnight, has now begun.  The flames broke out at a building under ...

Toronto’s condo crisis: Are Tory, Chow and Ford concerned many could be slums in the making? Apparently not. (ON)

“Life is a journey not a destination.” Toronto voters appear to have adopted these words by American poet Ralph Waldo Emerson to signal their number one ...

Condo act (AB) reforms not dead yet, despite prorogued legislature

Proposed amendments to Alberta’s Condominium Property Act are in limbo, but for some calling for changes this may be a blessing in disguise.  The former ...

Condo Questions: New trees blocking your view? Not much you can do

Q: Ten years ago, we purchased a second-floor condo unit with a beautiful river valley view. The gardening committee recently had new trees and shrubs ...

Canada condo boom rolls on as buildings fall apart

While Toronto’s housing boom rolls on, some of the housing itself is falling apart.   Canada’s biggest city has more than 100,000 units under construction as ...

Condo Smarts: Strata responsible for exterior windows

Dear Tony: Our strata corporation has received its depreciation report, and our doors and windows are due for projected upgrading in 2020.   Overall, our report ...

Condo residents forced out by fire seek answers

People forced out of their homes by a fire in a west Edmonton condo in June are frustrated with what they say is a lack ...

Police investigate suspicious Toronto townhouse fire

Toronto police are investigating the cause of a fire at the home of a condo board member that a witness said may be related to ...

Bay Beach condo developer seeks $10 million in damages from Fort Erie

Ten months after the project was aborted, the controversial Bay Beach condo has resurfaced in the form of a $10-million statement of claim filed against ...

Strata wants wood flooring removed

Dear Tony: I just bought a great condo that is 18 years old. I have decided to upgrade the unit before I move in and ...

Condo Smarts: Voting rights

Dear Tony: I just received the notice package for my strata corporation’s AGM and it states no owner may vote if they are in arrears. What ...

Strata Living: Owners fight over minutes

Dear Tony: Our strata council is in a major conflict over what information gets included in the minutes of our meetings. No matter what we ...