National Condo & HOA News

Target of Las Vegas HOA investigation detailed scheme, bribes in secret documents

In the summer of 2011, Justice Department lawyers were wheeling and dealing behind closed doors with dozens of targets in the long-running investigation of a ...

Condo board pres. believes he was target of arson over fees dispute (ON, Canada)

The president of a Toronto condo board is in hiding with his wife after they narrowly escaped what they believe was an arson motivated by ...

Co-op, condo owners face storm aid application hurdle (NY)

Sandy-damaged co-op and condominium complexes on Long Island can expect to start receiving funds next month to pay for repairs to lobbies, boilers and other ...

730 Days Later, It’s Still Day Zero For Camp Osborn (NJ) Man Left Homeless By Sandy

Not so in Camp Osborn, where Brick Township has determined that the what existed before Sandy — tightly packed matchbox homes with little space from ...

Coyote attack pits homeowner against HOA (NV)

A devastated pet owner finds a simple solution after a coyote kills one of her animals right in her own backyard.   So why is her ...

Singer Island Tiara condo loses $35 million lawsuit vs. (insurance) broker

Ten years after their homes were walloped by back-to-back hurricanes, residents of the Tiara condominium on Thursday lost their final court battle to recoup millions ...

Scottsdale (AZ) woman claims bodies are buried in HOA park

A Scottsdale woman says she’s been keeping a secret about bodies buried in a park for more than a decade.   Joanne Lawlor broke the news ...

More than 100 homeowners voice their HOA concerns in public hearing (SC)

More than 100 homeowners attended the public hearing to voice their concerns on county-wide Home Owners Associations.   Homeowner after homeowner spoke their piece Wednesday night. ...

Renters upset after 20 cars towed overnight (FL)

Residents at Ponte Verde Condominiums said the towing overnight was a money grab and the cars were taken for invalid reasons, but they’re finding that ...

Veteran’s flagpole will stay standing, fight with HOA resolved (IN)

A central Indiana veteran and his wife tell us a dispute with their homeowners association (HOA) about their flag pole has been resolved. It will ...

Condo in Slinger hoarding case gets visit from cleaning crew

Neighbors estimate that more than 100 bags of garbage have been removed from the condo so far. On the front door, where there used to ...

Hogs running wild, destroying lawns in Brevard County (FL) neighborhood

The homeowners association is concerned that Halloween trick-or-treaters could run afoul of a toothy wild boar on the hunt for snacks.   Read more………

Recent Condo & HOA Articles From Around the Web

Making the transition for a new condominium association

Transition between developer control and owner control is perhaps the most important aspect of any community association. If done properly, the association will be off ...

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily ...

Fraud Can’t Happen Here? Sure It Can. Experts Tell You How to Avoid It

No one like to imagine fraud or theft from a co-op or condo board director, property manager or vendor. But it happens, so make sure ...

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 ...

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 ...

Choosing the Right Board Member for Your Association

Boards are an important part of any association, and choosing the right board members is essential to the success of a board. Some may think ...

Reserve Planning in Your HOA: Yield, Safety & Liquidity

In recent years, reserve planning has become a long overdue reality for many older homeowner associations. The boom and bust mentality of deferred maintenance and ...

Avoiding the Selective Enforcement Defense When Enforcing Condominium Association Rules and Regulations

One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this ...

Dues Hikes, Mismanagement, and Angry Homeowners!

A good proactive maintenance program can help solve dues increases, overspending, and a HOA board inquisition! The flyer shown below is one of the countless ...

Preparing for the Snowbird – the Unofficial State Bird of Florida

Last winter was particularly brutal for many parts of the country, and it was among the coldest on record in large swaths of the Midwest. ...

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 ...

Legal & Legislative News

South Carolina Supreme Court Issues Decision Limiting Former Developer’s Right to Assign Its Rights or Amend Restrictive Covenants

On October 22, 2014, the Supreme Court of South Carolina issued an opinion upholding a ruling by the South Carolina Court of Appeals that once ...

HOA does not own cause of action for alleged solar heat-gain-related defects (CA)

Over six years following the plaintiff HOA’s initial 2008 construction and design defect complaint, Beacon Residential v. Catellus Third and King, LLC, et al. continues ...

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 ...

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 ...

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 ...

Myrtle Beach area HOA complaints follow common themes at legislative delegation hearing

More than 1,000 Horry County homeowners made their way to Horry Georgetown Technical College Wednesday night to hear and voice to members of the county’s ...

Federal judge tosses out ACLU suit against Diamondhead (MS) over political signs

The American Civil Liberties Union said although it disagrees with a federal judge who tossed out its suit against the Diamondhead Property Owners Association ban ...

Airbnb changing condo landscape (ON)

Over the past few years, Airbnb has exploded as a web site that connects people with spare rooms to travellers looking for short-term rentals.   In ...

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 ...

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 — ...

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 ...

Op/Ed

State must fix rules on Colorado condo construction (Denver Post editorial)

Credit the city of Lakewood for passing an ordinance to challenge Colorado’s vexing construction defects law, which has hampered the building of new condominiums. Even ...

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 ...

HOA rules or fly the flag wherever you want?

There is something about homeowners associations (HOA) that get people riled up.  It’s the same thing when you talk about the American flag and where ...

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…….

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 ...

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 ...

Canada Condo & HOA News

Condo Smarts: Respecting privacy

Dear Tony: What happens when a strata corporation breaches private information?  Our strata council has developed a chronic habit of dealing with monthly council business ...

Condo Culture: No excuse for activity outside designated play area

Q: We have a problem with children playing sports on the roads and driveways. This is very dangerous, and our condo rules prohibit this. The ...

Condo board elected at turnover meeting

I live in a retirement community made up of a number of small condo corporations. The developer, who is continuing to build new condos in ...

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 ...

Condo board pres. believes he was target of arson over fees dispute (ON, Canada)

The president of a Toronto condo board is in hiding with his wife after they narrowly escaped what they believe was an arson motivated by ...

Condo Smarts: Respecting privacy

Dear Tony: What happens when a strata corporation breaches private information?   Our strata council has developed a chronic habit of dealing with monthly council business ...

Can a condo board ignore a meeting request?

Q. We had the owners sign a petition to requisition a special meeting of owners. There are certain issues we need to discuss. The board ...

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 ...

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 ...

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 ...