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Association Issues

/ Owner - June 20, 2012
From time to time, specific issues will arise that seem to cross the country at the speed of the internet and create problems or concerns for condominium and homeowner associations. On this page we’ll try and track the news items and articles as they arise.

Fraud & Embezzlement

  • Navigating the Shadows: HOA Fraud and Community Safety (CA) March 18, 2024
    Homeowners Associations (HOAs) play a pivotal role in maintaining harmony and order in the fabric of community living. However, this structured environment is not immune to fraud and misconduct risks. HOA fraud casts a shadow over community trust and safety, raising concerns and demanding vigilance. This blog explores the intricacies of HOA fraud, offering insights and strategies to safeguard communities against such vulnerabilities.   Read the article…………………………….
  • Scottsdale HOA says manager stole $1.6M (AZ) March 18, 2024
    Scottsdale House board members wish they had been more attentive a few years ago.  After failing to do a background check on a twice-sued manager who ran the HOA for years, the board started discovering money was disappearing from funds targeted for repairs and upgrades.  The deeper into the books they dug, board members found more and more money missing – hundreds of thousands of dollars.    Read the article…………………………….
  • Texas sues Colony Ridge development for fraudulent real estate practices March 16, 2024
    Texas Attorney General Ken Paxton sued the Houston-area developers of Colony Ridge on Thursday, accusing them of deceptive sales, marketing and lending practices that allowed their sprawling housing development to flourish.Residents of Colony Ridge filed dozens of complaints for years about the development to state agencies, but Texas had little to show for addressing those concerns, according to a Texas Tribune and Houston Landing investigation.     Read the article…………………………….
  • Des Peres Alderman John E. Pound Pleads Guilty to $220K Embezzlement (MO) March 9, 2024
    John E. Pound, an experienced Des Peres alderman, admitted guilt to wire fraud charges, having embezzled $220,000 from a St. Louis condo association. Using his managerial position, Pound orchestrated unauthorized payments to himself over a decade, a federal court heard Thursday.   Read the article…………………………….
  • Collier, Lee condo fraud: Owners of management company indicted on federal fraud charges (FL) March 5, 2024
    The owners of American Property Management Services, who allegedly stole millions from dozens of Southwest Florida community associations, have been indicted by a federal grand jury.  The 17-count indictment, filed in January, charges Orlando Miserando Ortiz and his wife Lina Munoz Posada with wire fraud, conspiracy to commit money laundering and failure to file income tax returns.   Read the article…………………………….
  • Corona Woman Sentenced In Federal Embezzlement Case (CA) March 2, 2024
    A Corona woman was sentenced Friday to four years and nine months in federal prison for embezzling nearly $1 million from her employer.  Jenev Boyd, 60, was sentenced by U.S. District Judge Sunshine S. Sykes, who also ordered her to pay $780,810 in restitution.  Boyd was a long-time employee and director of accounting for Corona-based Encore Property Management, which provides property management services to its homeowner association clients — primarily in the Inland Empire.   Read the article…………………………….
  • Homeowners Association Manager Embezzled Nearly $25K: Pinellas Sheriff (FL) February 26, 2024
    A former homeowners association manager faces charges after embezzling nearly $25,000 from the association, according to a Pinellas County Sheriff’s Office news release.   Read the article…………………………….
  • Woman stole over $200K from Clearwater condominium complex, police say (FL) February 17, 2024
    A St. Petersburg woman was arrested Friday after police say she stole over $216,000 from a Clearwater condominium complex while she worked there as a property manager.   Read the article…………………………….

Fraud & Embezzlement Archives

Companion/Service/Emotional Support Animals

  • New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations March 18, 2024
    On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing more than 30 lbs. The association rejected the request, concluding that the resident did not need accommodation because she could have adopted a dog that ...
  • How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals? February 21, 2024
    A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that the emotional support animal needs its own emotional support animal, in a relatively clear attempt to circumvent community pet restrictions.    Read the article…………………………….
  • Resident Permitted to Keep Dog as an “Emotional Support Animal” (ON) February 17, 2024
    In the case of MTCC 584 v. Kakish, the condominium corporation’s Declaration and Rules contained provisions prohibiting pets in the units.  One of the residents had a dog. She provided three letters from her doctor, setting out her need for the dog. She also provided a further letter from her treating psychiatrist. The letters stated that the resident suffered from anxiety and depression and needed the dog as a support animal to help decrease her anxiety and depression, and to ...
  • HOA Homefront: Reader wants to know, ‘Is my dog allowed?’ (CA) February 17, 2024
    Q: I am hoping you could help me with my HOA that’s trying to remove my daughter’s support dog because of its weight and breed. They are threatening to come and have her removed because she got too big. Can they do this? It would devastate my daughter if they took her dog  Read the Q&A………………………………..
  • What Every Condo or HOA Needs To Know About Emotional Support Animals (MI) November 27, 2023
    Over the last several years, emotional support animals have been a continuous source of speculation and confusion for many Michigan condo and HOA boards. We all have seen the news stories of individuals attempting to bring animals such as squirrels and even alligators into places of public accommodation under the claim that they are emotional support animals. Many will read these stories and chuckle, brushing off these claims as nonsensical; however, when Michigan condo and HOA boards receive a request ...
  • HOA Q&A: Must homeowner associations allow ’emotional support’ pets in a no-pet community? (FL) October 28, 2023
    Q: We are a no pet community, and some short-term renters are bringing a dog and claiming the dog is an emotional support animal. The tenant emailed us a certificate stating that the dog is registered as a service animal. Do we need to allow this exception?  Read the Q&A………………………………..

Companion Animals Archives

Flags

  • ‘Sick to my stomach’: Neighbors demand answers from HOA over flag violations (NC) March 18, 2024
    Nickey Crowley says for the last 20 years, he’s flown a gay pride flag outside his home in Holly Park with no issue.  Then in September of last year, he received a violation saying that flag did not comply with the rules set out by the homeowners association.  “Why now, is my pride flag an issue?” Crowley asked.  The violation stipulates that only the American flag can be mounted to homes in the neighborhood, but Crowley says numerous other non-American ...
  • Tidewater Landing Veterans Club installs flagpole at clubhouse (DE) November 14, 2023
    A welcome home can mean a lot of different things to different people, but comfort is one feeling most people seek from their home.  Several veterans are residing in Tidewater Landing, a development that recently upgraded the cosmetics and durability of its sign, and felt something else was missing at the entrance to the development: a flag pole with the American flag.  Read the article………………………………
  • Ohio bill allowing ‘unapproved’ flags in HOA, condo communities called unconstitutional November 14, 2023
    A dispute over an Israeli flag hanging outside of a New Albany condo is revealing government attempts to block homeowner associations in Ohio from banning certain flags. While legal experts say the First Amendment does not apply to an HOA or COA prohibiting some flags from flying, violations do occur when state lawmakers try to take control.   Read the article…………………………………..
  • New Albany condo owner battles HOA over Israeli flag display amid rising tensions (OH) November 13, 2023
    Opposition after a condo owner was told to take down the flag of Israel in his New Albany community.  The homeowner contacted abc6onyourside.comABC 6 On Your Side Problem Solver Lisa Rantala to say his rights are being violated during these high-tension times.   Read the article…………………………..
  • Wekiva community residents cited for Pride flags want HOA to answer for ‘selective enforcement’ (FL) November 11, 2023
    Members of the Wekiva Hunt Club Community Association believe HOA rules are unfairly singling them out.  The HOA rules dictate what kinds of flags can and can’t go up in the community and residents say those rules are not being applied equally.  Wekiva Code says any flag that’s not already approved by the state needs pre-approval from the HOA Board.    Read the article………………………….
  • New law protects Thin Blue Line flags after Union County HOA prevented former officer from flying it (NC) November 8, 2023
    Union County residents now have the right to fly first responder and military flags after a homeowners association asked residents to remove all flags that didn’t represent an official county.   Read the article…………………………………….

Flags Archives

Short-term Rentals

  • Judge rules on Airbnb dispute that turned nasty in divided Tennessee mountain town March 5, 2024
    A national debate about Airbnbs became local in an East Tennessee neighborhood where the homeowners association sued some of its own members who used their homes as short-term vacation rentals.   Read the article…………………………….
  • When Is an HOA/Condo Rental Amendment Unreasonable? (NC) February 22, 2024
    When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals.    In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable.   Read the article…………………………….
  • Court sides with homeowners in NC ski country who want short-term rentals February 22, 2024
    After a homeowners association in the North Carolina High Country tried to block short-term rentals during ski season, a court has ruled against the HOA.   Read the article…………………………….
  • Condo owners with short-term rental plans should beware (AB) February 17, 2024
    If you are considering buying a condo to operate it as an Airbnb, beware that even if short-term rentals are allowed today, there is no guarantee the condo board and/or the city won’t eliminate short-term rentals in the future. Yes, it always “buyer beware!”   Read the article…………………………….
  • Heber City look to HOAs to govern short-term rentals (UT) December 24, 2023
    Heber City residents using their houses as short-term rentals could lose their business licenses if their neighborhoods’ homeowners associations have rules against the practice.   Read the article………………………….
  • South Carolina Short Term Rentals December 18, 2023
    The number of South Carolina short term rentals has steadily increased with each passing year. Homeowners and landlords, though, should understand the different regulations and tax laws that may apply to them. Membership in a homeowners associations also adds another layer of complexity, as many of these communities enforce restrictions on rentals in general.   Read the article…………………………………
 

Short Term Rental Archives

Displays, Signs, Free Speech – 1st Amendment Issues

  • Evaluate Your Sign Restrictions Now To Avoid Legal Issues In the Future (OH) March 7, 2024
    As we are approaching the end of winter, it is a perfect time for boards to review their association’s governing documents and understand whether signs may be displayed outside homes in their community. With the warmer months ahead, many owners begin renovating and enter into agreements with contractors that may require them to display advertisements outside their homes. Then, come fall, residents may want to display signs showing their support for political candidates or other important issues. This is why ...
  • Condo owner wonders about enforcement regarding flags, posters of support hanging in windows (FL) February 18, 2024
    Question: I live in a community governed by an HOA, and I have a question regarding flags and posters in windows.  As a result of the Hamas attack on Israel on Oct. 7, many of our residents put American and Israeli flags on their homes as a show of support. Many of them also put posters of the hostages held by Hamas in their windows.  Read the Q&A………………………………..
  • Do Condominium Boards Have the Right to Restrict Signs? (MA) February 12, 2024
    QUESTION: Our condominium association has a rule barring the display of signs in common areas or in locations visible from common areas.  Some board members say we are required to make an exception for political signs. Is that true?   Read the Q&A………………………………..
  • HOA tells homeowner to remove rainbow flag (NV) December 26, 2023
    Q: I live in a large homeowners association community in Las Vegas. Recently the HOA pressured a homeowner to remove a rainbow flag. Apparently, a conservative resident was offended by a sign of inclusion and harmony. The reason given was that “statement” flags are prohibited.  Read the Q&A…………………………
  • Homeowner fights HOA after being told Christmas-themed skeleton display wasn’t ‘seasonally appropriate’ (CO) December 23, 2023
    Kyle Sarazin fought the law, and this time he won.  The Sterling Ranch resident decided to do something different with his Christmas display this year, converting his 12-foot yard skeleton into Santa Claus and turning the smaller skeletons from his Halloween display into Santa’s reindeer.    Read the article……………………………
  • St. Louis Mom Battles HOA ‘Grinches’ to create Christmas wonderland for her son (MO) December 23, 2023
    A St. Louis mom aimed to bring a little Christmas cheer to her subdivision and her son. This year, she decorated her front yard and surrounding property with over 100 inflatables and decorations ranging from gnomes, Santas, reindeer, and Disney characters.   Read the article……………………………..
 

1st Amendment Archives

Energy & Water Conservation

  • NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K March 18, 2024
    New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit.  The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings to initially curb their greenhouse gas emissions by 40% and ultimately by 80% by 2050.   Read the article…………………………….
  • Homeowner challenges HOA over solar panels (FL) March 13, 2024
    Solar panels are devices that convert sunlight into usable electricity. They have been gaining popularity in recent years as homeowners seek ways to reduce their utility bills, as well as their carbon footprints. A Florida homeowner is reportedly feeling frustrated, however, regarding solar panel installation on a roof. The Homeowners Association where the individual lives says installing solar panels will eliminate the roof’s warranty.   Read the article…………………………….
  • Is “Mediated Resolution” a Free Pass for Local Law 97 Deadbeats? (NY) March 5, 2024
    When it comes to New York City’s landmark climate legislation, Local Law 97, it seems that every push results in a vigorous pushback. For instance, when many building owners, including co-op and condo boards, howled that they could not possibly afford retrofits that would bring their buildings’ carbon emissions in line with the law, the city responded by offering exceptions for buildings that make “good faith” efforts to comply.    Read the article…………………………….
  • HOA Homefront: New Law Restricting Watering of HOA “Nonfunctional Turf” (CA) February 23, 2024
    Dear Mr. Richardson: Can you address AB1572 which will have a huge effect financially on our HOA?  Read the Q&A………………………………..
  • Going green in multi-family buildings (IL) February 23, 2024
    In Forest Park, a condominium development is proving that it’s possible to live green in a multi-family building.  The board and residents are working together to back new sustainability measures that they think can be applied to other buildings in the area.   Read the article…………………………….
  • Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions February 15, 2024
    Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages.  But his homeowners association restricts his and neighbors’ ability to install solar power.   Read the article…………………………….

Energy & Water Conservation Archives

Nuisance

  • ‘Repulsive’ golf course pond lands Glendale country club in legal trouble (AZ) March 3, 2024
    A country club in Glendale finds itself in hot water over a pervasive and repugnant stench coming from one of its golf course ponds that has frustrated nearby residents of the Arrowhead Ranch subdivision.  Stephen Kyle Bais, the golf course superintendent for Arrowhead Country Club, is suspected of violating a city code related to odors and is scheduled to be arraigned in Glendale Municipal Court on Monday afternoon, local officials confirmed.     Read the article…………………………….
  • Steps To Handle HOA Complaints September 11, 2023
    Q: We have one owner who spends hours every week writing pages of complaints dating back decades. Does a board have an obligation to continue to respond to the same rehashed grievances from a single owner?   Read the article………………………..
  • Spring Creek COA’s new deer rule clamps down on feeding wildlife (NV) July 12, 2023
    Spring Creek Association residents who feed mule deer could be cited with a nuisance violation after the Committee of Architecture passes a new rule that prohibits leaving food out for wildlife.   Read the article………………………..
  • Can I rent your pool? Understanding the impacts of the new sharing economy July 8, 2023
    Community associations are familiar with the challenges associated with long-term home rentals and have become well acquainted with short-term rentals over the past few years, but a new trend in the sharing economy has been making waves recently: rentals for residential components such as swimming pools.   Read the article………………………..
  • Southwest Columbia neighborhood in conflict over R/C planes (MO) August 22, 2022
    Remote-controlled planes have been filling the sky in the Longview neighborhood in southwest Columbia, causing some residents to take their noise complaints to city hall.  Read the article………………………..
  • Lot filled with crab traps upsets neighbors (LA) July 8, 2022
    The New Orleans Office of Code Enforcement has opened an investigation into a piece of land in a Venetian Isles neighborhood, zoned residential, but used to store and clean crab traps……The upset neighbors tell us they reached out multiple times to the Venetian Isles Homeowners Association but nothing was ever done about their complaints. The homeowners association had no comment for this story.   Read the article…………………………

Nuisance Archives

Electric Vehicles

  • The Road Ahead: Embracing EV Charging in Homeowners Associations (CA) March 8, 2024
    The transition to electric vehicles (EVs) represents a pivotal shift in our approach to transportation, marking a step towards sustainability and environmental responsibility. However, for many living in communities managed by Homeowners Associations (HOAs), the adoption of EVs brings forth the challenge of setting up convenient charging infrastructure. This blog delves into how HOAs can embrace EV charging, making it an asset for their communities and paving the way for a greener future.  Read the article…………………………….
  • EV charging in FL condos – can an Association prohibit owners from installing EV charging outlets in their assigned parking spaces? March 8, 2024
    EV charging in Florida condo buildings and communities is much more involved than having a charging outlet installed in the garage of your Single-Family Home.  Today we are doing an overview of Florida Condominium Owners Associations (COAs) allowing unit owners to install a dedicated charging outlet at their individual parking spaces, and/or the Association installing a shared charging station on the property for all owners to use.     Read the article…………………………….
  • E-bike battery ignites flames in Bonita Springs condo (FL) March 8, 2024
    Fire crews say the call came it just after 7:30 p.m., after multiple neighbors reported they could see smoke coming from a unit on the second floor.  The three-story building had to be evacuated as crews tried to put out the fire caused by an e-bike’s lithium-ion battery, according to Chief Greg DeWitt.   Read the article…………………………….
  • Australia: Lithium-ion batteries in strata buildings March 4, 2024
    Owners and occupiers of strata buildings are increasingly asking about what to do to prevent fires caused by exploding lithium-ion battery powered household products, including eBikes, eScooters and eTools. These products are injuring people on a weekly basis globally and there has been fatalities and multiple injuries in Australia. They are often cheaper, lower quality, and not subject to the higher standards and laws that apply to, for example, batteries in vehicles that must be road registered such as cars ...
  • Navigating the Complex Landscape of E-Bike Bans or Restrictions in Condos, Coops and HOAs (NY) December 14, 2023
    In recent times, the proliferation of E-Bikes, coupled with concerns about their combustible batteries, has thrust the issue into the spotlight. Nowhere is this more apparent than on the bustling streets of New York City, where E-Bikes seem ubiquitous. The potential dangers, including fire risks, property damage, and casualties, have prompted association boards to grapple with the critical question of whether to impose a ban on E-Bikes within residential apartments.    Read the article……………………………..

Electric Vehicle Archives

Smoking

  • Proving the Source of Smoke March 18, 2024
    In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well as the Rules of the condominium corporation.     Read the article…………………………….
  • B.C. Civil Resolution Tribunal Says Smokers Didn’t Have a Right to Smoke February 10, 2024
    In the case of The Owners, Strata Plan NES2613 v. Ramsay, the B.C. Civil Resolution Tribunal ordered the residents of one of the units to stop smoking in their unit.  The strata corporation had passed a bylaw against smoking. The bylaw said that a resident could not smoke in any interior space, including within the units, or on exterior common property within 3 meters of a door, window, or air intake.   Read the article…………………………….
  • Dealing with Marijuana Complaints in NYC Co-ops and Condos December 23, 2023
    The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details.  Read the article……………………………..
  • B.C. strata ordered to conduct secret probe to catch renegade smoker December 12, 2023
    Two complainants of second-hand smoke seeping into their unit had claim largely dismissed. However, their strata council has to do more to catch whoever is smoking, causing nuisance, said CRT adjudicator      Read the article…………………………
  • What Can I Do About Marijuana Smoke in a Condo? (IL) September 9, 2023
    The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building.    Read the article………………………..
  • Condo association: consider edibles rather than smoking weed (VA) August 12, 2023
    A condo association in Shirlington rolled out tips both smoking and non-smoking homes can implement to prevent the spread of stray smoke.  One suggestion, targeted to marijuana users, is blunt: consider switching to edibles.   Read the article………………………..

Smoking Archives

Medical Marijuana/Marijuana

  • Dealing with Marijuana Complaints in NYC Co-ops and Condos December 23, 2023
    The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details.  Read the article……………………………..
  • Recreational Marijuana Use in Ohio Community Associations: A Cause for Concern? October 23, 2023
    On November 7, Ohio voters will decide whether Ohio laws will permit the use of marijuana for recreational adult use. This includes not only the consumption of recreational marijuana, but also the ability to grow a certain number of marijuana plants at one’s home. As the voting date approaches, a number of board members and others in the community association industry have asked how the new law might impact community associations. This article provides a snapshot of the various issues ...
  • What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act October 2, 2023
    As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s). Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a valid basis after June of 2019. Although marijuana is technically still not legal at the federal level and there is a conflict between the two, ...
  • Addressing Complaints of Marijuana Smoke In Community Associations Following Legalization Of Recreational Marijuana Use In Delaware and Maryland September 19, 2023
    As of April 23, 2023, and July 1, 2023, Delaware and Maryland, respectively, have legalized the personal use of marijuana. In light of the recent laws, common interest communities across these two states may soon (if not already), contemplate how to appropriately address an uptick in complaints related to marijuana smoke.    Read the article………………………..
  • What Can I Do About Marijuana Smoke in a Condo? (IL) September 9, 2023
    The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building.    Read the article………………………..
  • Our expert explains HOA rules regarding emotional support animals, cannabis use (FL) September 3, 2023
    Question: I am a board member of my condominium association. Is the board allowed to create rules or policies concerning ESAs in a condominium building? For example, can we impose weight limits, limit the number of animals per dwelling, exclude specific breeds, mandate that they only use the service elevator, etc. I’ve tried researching issue but find it very confusing or non-specific.   Read the Q&A…………………………………

Medical Marijuana/Marijuana Archives

 Guns

  • South Dakota: Protection from HOAs Signed into Law February 6, 2024
    Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations.Read the article…………………………….
  • Ask a real estate pro: Can HOA ban guns, even in people’s homes? (FL) October 5, 2023
    Q: Our homeowners’ association is considering banning guns everywhere in the community, including in the residents’ homes. Many of the residents are upset about this, while others are in favor of it. Is the association even able to enact this rule?   Read the Q&A…………………………………
  • Guns in the Clubhouse: What Can a Community Association Do? (FL) June 20, 2023
    The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon without first obtaining a concealed weapons permit. This raises interesting questions for community associations such as, is the right to carry a concealed weapon absolute?  ...
  • Can An Association Restrict Firearm Possession? (OH) August 4, 2022
    Firearm possession and the Second Amendment is perhaps one of the biggest political issues on the minds of Americans today. Recent tragedies in Highland Park, Uvalde, and Buffalo have once again brought firearm possession and the Second Amendment to the political forefront.   Read the article………………………..
  • EDITORIAL: A POA overstepping into gun use policy? Why? Guns and POAs? (CA) November 20, 2021
    People pull triggers in their own homes out of ignorance, accident, fear, mental illness and sometimes a taste for violence. People pull triggers on a shooting range for sport, or during deer season for what they consider their love of the great outdoors and the thrill of the hunt.  Our little piece of the planet here in these Mountain Communities happens to be in California, and this state is already very explicit about when people can pull triggers inside a ...
  • Lowcountry neighborhood considering making community gun-free space (SC) June 4, 2021
    A Lowcountry neighborhood is considering making their community a gun-free space. The Homeowners Association of Del Webb at Cane Bay Association, Inc is considering a change to its by-laws that would ban weapons from the area of the community owned and operated by the HOA.   Read the entire article……………………………….

Guns Article Archives

Violence in Associations

  • Prosecutors won’t seek death penalty after woman accused of killing pastor in HOA dispute (NV) March 14, 2024
    Court documents report the neighbor confronted the pastor and his family in front of his home after he made complaints about her to their homeowner’s association. Though the lawsuit does not name the HOA it says quote: “The homeowner’s association knew or should have known that Defendant would likely perform violent actions against deceased and Plaintiff as a result of on-going association dispute.”    Read the article…………………………….
  • Miami high-rise resident pulled rifle on man after ‘incident’ with HOA manager, cops say (FL) March 5, 2024
    A verbal argument that “became physical” escalated when a resident of a downtown Miami high-rise pulled a rifle on another man, police said.  According to an arrest report, the whole thing stemmed from an “incident” earlier that day involving the building’s homeowners association manager.    Read the article…………………………….
  • Ontario condo associations raising concerns over safety of board members (ON) December 21, 2023
    Ontario’s three largest condo associations are sounding the alarm over safety and privacy concerns in the wake of the one-year anniversary of the Vaughan condo shooting. Melissa Nakhavoly reports.    Watch the news report…………………………..
  • Staten Island condo feud’s explosive twist — resident accused of threat to blow up building (NY) December 18, 2023
    A Staten Island penthouse owner who spent six months behind bars for refusing his condo board’s demand to remove an addition from his home is in hot water again — this time for an email threat that he says someone else fabricated to get him in trouble.    Read the article……………………………..
  • Still haunted on first anniversary of Vaughan condo building mass murder (ON) December 16, 2023
    John Di Nino still sees the barrel of the gun pointing right at him.  His wife Doreen lies crumpled on the vestibule floor of their penthouse condo, their disgruntled neighbour Francesco “Frank” Villi having just fired at her face, the bullet slamming through her jaw and out the back of her neck, knocking her to the floor, her blood slowly staining the new white runners of one of her guests who’d come to visit that Sunday evening of Dec. 18, 2022.  ...
  • Man charged for allegedly threatening Treasure Lake POA office employee (PA) November 2, 2023
    A DuBois man has been charged for allegedly threatening an employee of the Treasure Lake Property Owners Association office Tuesday, Oct. 31.  Sandy Township Police have charged Richard Glenn Vanhorn, 68, with terroristic threats — a felony of the third degree, harassment and disorderly conduct, according to a criminal complaint filed at Magisterial District Judge David Meholick’s office Wednesday.   Read the article…………………………………

Violence in Associations Archives

Security

  • Security measures: How communities can protect residents while minimizing liability March 13, 2024
    Community associations need to tread carefully when it comes to security. Employing various security measures and creating a perception of security could make communities liable if a crime occurs.  For example, where a resident or member sees that the association has installed cameras or license plate readers or employed roving guards, the expectation naturally arises that the association is protecting the residents. Similarly, if a developer sells property pitching the community’s security measures, the association may be stuck with a ...
  • Video Surveillance Policy for Your HOA March 4, 2024
    From time to time, homeowners request copies of video surveillance footage. In general, the unwritten policy has been to not provide copies to homeowners. Should we have a written policy? What would it look like?  While it’s not necessary for the board to have a written policy when it comes to providing surveillance footage to homeowners, a policy can help prevent issues or disputes. A written policy ensures requests for surveillance footage are handled in a uniform and fair manner. ...
  • Privacy Concerns: Video Doorbells in Condos (ON) February 29, 2024
    In the age of technological advancements, the integration of video doorbells in condos have become an increasingly hot topic. Video doorbells, equipped with real-time video streaming, have revolutionized home security. While these devices offer enhanced security and convenience, the rising installation of video doorbells in condos has sparked concerns about privacy.   Read the article…………………………….
  • New security cameras now operating in Spyglass Hill as part of pilot program (CA) February 17, 2024
    As part of a pilot program approved last June by the Newport Beach City Council, private security cameras are now up and running in the public right-of-way at the entrances to the Spyglass Hill neighborhood.  Eight cameras were deployed on Monday and Tuesday, with two at each of the four main thoroughfares to Spy Glass Hill Road. The cameras went online and were fully tested Wednesday, according to Spyglass Hill Community Assn. President Bruce Horn.   Read the article…………………………….
  • Rocky Hill Condo Community Rattled by Car Thefts: Demanding Enhanced Security (CT) February 15, 2024
    In the quiet heart of Rocky Hill, Connecticut, a shadow has been cast over the serene Greenfield Villages condo complex. A recent wave of car thefts and break-ins has left the community on edge, with residents like Kathy Egan experiencing the startling reality of witnessing her own car being stolen right outside her condo.   Read the article…………………………….
  • County approves funding for new security cameras in Edgewater neighborhood (OH) February 14, 2024
    Members of the Cuyahoga County Council voted unanimously on Tuesday night to approve a grant that will help the homeowners association in Cleveland’s Edgewater neighborhood purchase new security cameras.  The HOA’s pursuit of the $25,000 grant from the county created controversy among some Clevelanders because the county’s top elected official lives in Edgewater    Read the article…………………………….

Security Archives

Infrastructure Problems

  • Marysville homeowners remain stuck behind washed out road as search for solution continues (WA) March 8, 2024
    Steve Hall, who heads up the homeowners’ association, met with us Monday. He said seven homes and nearly two dozen people are impacted. At that time, Hall said beaver dams burst and clogged the culvert, causing the road to crumble. He said a fix is complex due to layers of land ownership in the area. The road is private and owned by the residents.    Read the article…………………………….
  • Tax dispute pauses restoration of four flooded dams in Midland and Gladwin counties (MI) March 5, 2024
    In a complaint filed in Midland County Circuit Court late last month, lawyers for the Heron Cove Association of property owners said the assessments are “grossly disproportionate” to any expected increase in the properties’ market value and amount to an unconstitutional taking of property without due process or just compensation.   Read the article…………………………….
  • When has a Condominium Building Reached the End of its Service Life? (CA) February 29, 2024
    If you read the earlier installments of this series, you know that the service lives of condominium buildings are shortened by inspection, maintenance, and funding failures. Recognizing when a building may begin to reach the end of its service life may be easy or hard, depending on the type of failure. A catastrophic failure by fire, hurricane, or earthquake is instantaneous and needs little to recognize that its life is over. In these instances, we look to insurance, if available, ...
  • A CT dam disagreement emerges as climate change impacts state. ‘It’s for our safety… our family’ February 20, 2024
    The lake is remote, nestled in the woods in eastern Connecticut, with just an appliance store and an auto exhaust servicer nearby.  Ashford Lake’s 53 acres are surrounded by residences, members of the Ashford Lake Property Owners’ Association, who enjoy kayaking in the summer and ice fishing in the winter.    Read the article…………………………….
  • Hidden Trouble: How Aging Infrastructure Threatens Homeowner Associations February 18, 2024
    It’s easy to overlook the critical infrastructure subtly running behind the scenes of every homeowner association (HOA) community. While residents enjoy manicured lawns, sparkling pools, and pothole-free roads, the inner workings powering these amenities face a ticking clock.    Read the article…………………………….
  • Spanish Main Yacht Club installs $1M of potable water pipes (FL) February 9, 2024
    Chairman of the Water Committee Tom Freiwald said Spanish Main Yacht Club was a 55-plus community in both the age of its residents and potable water lines.  Due to repeated system failures, the Spanish Main Yacht Club had to replace its potable waterRead the article……………………………. lines, which were original to the condominium’s construction in 1966.

Infrastructure Archives

Religion

Religion Archives

Drones

  • Tips for Setting A Fair and Safe HOA Drone Policy July 1, 2023
    Crafting a fair and safe HOA drone policy requires careful consideration of the challenges and opportunities presented by this evolving technology. Balancing the concerns of privacy, noise, and safety while harnessing the potential benefits of drones can be a complex task for HOA boards.  Read the article………………………..
  • Using Drones for Inspections (CA) August 27, 2022
    Drones, also known as unmanned aircraft systems, are nearly everywhere. Advances in technology have made drones smaller, cheaper, and easier to use, and therefore more accessible to average users. As drones become more accessible, community associations may wonder whether drones may be used to help conduct inspections of common area components.   Read the article………………………..
  • Drone Surveillance in Community Associations May 25, 2022
    Ah, spring. Flowers are blooming, birds are chirping, and the sound of power saws, stone cutters and earth moving equipment fills the air. This country is in the midst of a construction boom, and more homeowners than ever before are undertaking home improvement projects. In community associations, these improvements usually require some type of architectural approval to make certain that, once constructed, the new pool, patio or pergola will be aesthetically pleasing and harmonious with surrounding structures    Read the entire ...
  • Fire Technology: Champlain Towers South Collapse: Drones’ Value Soars April 18, 2022
    Charles Werner spoke to numerous people who responded to the condominium collapse to learn that unmanned aerial systems were crucial to the effort in many ways.   Read the entire article……………………………….
  • Drones in Community Associations: Five Considerations (IL) June 9, 2021
    With companies such as Amazon, Google and UPS ramping up testing of drone delivery technology, it is certain that community associations will feel the impact of this new technology in the relatively near future.  Read the entire article……………………………….
  • Drones In Your Community (FL) December 16, 2020
    The growing use of drones across the United States is leading to the adoption of new rules and restrictions by the federal government, state governments and community associations. Questions regarding safety, property damage and privacy are forcing community associations to establish clear parameters for their use by unit owners.    Read the article……………………………….
  • Drones and 3D Property Reconstructions for Homeowners Associations (CO) October 24, 2020
    For HOA’s, it can be very useful to have a tool to document a house or property to view later. Often, this would entail just taking photographs of anything relevant or particularly specific on a property. However, photos can only get you so far. Say perhaps you want to have a measurement on a wall or area but it was not documented on your initial inspection, or maybe you want to look at the roof closer but it was either ...
  • Is It Legal To Fly Drones In HOA Communities? June 11, 2020
    Drones in HOA communities are becoming more and more common, but these unmanned aircraft can pose serious concerns among residents. The first step in managing drones in your HOA is to know what the law says about them.   Read the article…………………………….

Drone Archives

Hoarding

  • Judge orders inspection of hoarder house in Ocean View Hills (CA) March 13, 2024
    She also blames neighbors for causing issues. At least three neighbors have filed restraining orders against Golden over the years, accusing her of harassment.  Also in the courtroom Tuesday, an attorney for the bank that Golden has a mortgage with, as well as an attorney for the homeowner’s association where she lives.     Read the article…………………………….
  • Hoarding in Condominiums: When Individual Rights Clash with Community Concerns February 26, 2024
    The recent case of Board of Managers of the 48-54 West 138th Street Condominium v. Flora Burdock highlights the complexities that arise when an individual unit owner’s behavior impacts the health, safety, and well-being of a condominium community. In this case, the condominium board sought legal intervention to address a severe hoarding situation within Ms. Burdock’s apartment.   Read the article…………………………….
  • Man’s body found under 4 feet of debris in home: ‘I could smell the foul odor’ (TX) December 9, 2023
    On Friday, there were a series of phone calls to city departments asking for help with the clutter left behind, but nothing came.  So, residents had to glove and mask up to put it all back themselves.  The homeowners association will likely have to foot the pricey hazmat cleanup bill, board members say. They appreciate the Texas EquuSearch response and wish they could have helped their neighbor sooner.   Read the article………………………….
  • A Primer for Co-op and Condo Boards on How to Handle Hoarders (NY) August 2, 2023
    With aging populations, many co-op and condo boards are struggling with residents whose abilities to care for themselves are greatly diminished. In some cases, an elderly shareholder or unit-owner may only need greater attention from her neighbors and building staff.   Read the article………………………..
  • Brookfield cat hoarding, 73 need new homes (WI) October 11, 2022
    Hoskins said they first started getting calls about the property about a year ago. Neighbors were complaining about the smell from the condo next door.  The Elmbrook Humane Society finally got permission to go inside the home on Aug. 31. The owner surrendered all 57 cats found in the 1,200-square-foot condo. Ammonia levels were so high inside that humane officers had to frequently leave the home while trying to capture the cats due to burning in their eyes and lungs.  ...
  • Hoarding nightmare plagues Val Vista Lakes (AZ) September 18, 2022
    Val Vista Lakes resident Jeff Sloan says the junk slowly crept in over the years at his neighbor’s house across the street until it began to resemble a “landfill.”  Floor lamps, chandeliers, plastic buckets and other knick-knacks on the front porch, soon spread to piles of odds and ends and discarded furniture in the front yard and driveway. The backyard was already packed.   Read the article………………………..
  • ‘Hoarding’ condo owner can be forced to sell unit (IL) September 9, 2022
    Q: Can a condominium association legally kick an owner out of the building because the owner is a hoarder and because the unit is “ground zero” for repeated and serious bug issues in surrounding units?   Read the Q&A……………………………….
  • The Right Way for a Co-op Board to Deal With a Hoarder (NY) August 6, 2022
    What should a co-op board do — and not do — when it’s made aware of a hoarder living in the building? Follow these steps:   Read the article………………………..

Hoarding Archives

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