They’re running a deficit, and it’s been growing year by year, so their problems are compounding. Every month they’re paying late fees, and interest is accruing on their late payments. Most recently, they paid their property taxes a couple months late and were charged interest. Because they had a line of credit with their bank, […]
Maintenance, Repair and Replacement in HOAs and Condos (Including Hurricane and Casualty Events) (NC)
Prior to Hurricane Dorian our firm again sent out emergency contact information (emails and cell phone numbers) for all our community association attorneys. The thought behind doing this before significant storms is that in the event of HOA or condo damage, immediate advice may be needed on who is responsible for making and/or paying for […]
Managing Recovery Efforts after a Hurricane
A fter battering the Bahamas as a Category 5 storm, Hurricane Dorian wreaked havoc on the Carolinas bringing heavy rain, strong winds, and leaving more than 200,000 people without power, according to The New York Times. As residents begin to rebuild after Hurricane Dorian, disaster recovery is usually an incremental and extended process. Here are […]
How can I tell if a co-op or condo board member has a conflict of interest—and what can I do about it? (NY)
Co-op and condo board politics can get heated, but actual conflicts of interest are few and far between. “There’s a conflict of interest when, and only when, a board member has a pecuniary interest in the issue on which the board has to decide,” says real estate attorney Ian Brandt, a partner at the Manhattan […]
HOA Homefront: What, where is an “exclusive use common area?”
The typical condominium project consists of three categories of property – the “separate interest” (normally called the “unit”), the common area and a subset of a common area called “exclusive use common area.” Misunderstandings regarding exclusive use area lead to many disputes. Simply put, exclusive use areas are not “your” property, but a part of […]
The Member’s Role in a Community Association
You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of what a community association is all about, please here. So now what? You have automatically become a member of the association within your subdivision. Read the article………………
Dealing with Bullies in your HOA: How to Put a Stop to Destructive Behavior
A thriving HOA board is one comprised of members focused on doing what is best for the association. All it takes for disruption and sometimes, total chaos, is one board member who exhibits bullying behavior toward others. The Merriam Webster dictionary defines bullying as, “to treat someone in a cruel, insulting, threatening, or aggressive fashion.” […]
Management Insider #5 – The Power of the Zero Invoice & Other Tips
In Management Insider #4, we encouraged management companies to provide their managers with tools and support to help them communicate with their clients. This is especially important for newer managers who may not have had the opportunity to grow their emotional intelligence or general business acumen at this point in their careers. Read the article………………
How to Evaluate Service Provided by Contractors
One of the common issues that boards deal with is whether a contractor is providing adequate service. Before passing judgment on the service being provided by a contractor, the board should be aware of the exact specifications the contract requires. For example, if the board is unhappy that their landscaper is not weeding flower beds, […]
Climate Legislation and Emissions Issues: How Attorneys Can Advise Boards (NY)
While the ‘Green New Deal’ and other long-term climate solutions are being debated at the federal level, some states and municipalities are getting in on the action as well, setting legal emissions benchmarks that will have a real impact on the lives of multifamily community residents – including those in co-ops, condos, and HOAs. Read […]
Bedbugs Turned This Co-op Into a Community (NY)
You had a bedbug problem that led to something else. But first, tell us about the bedbugs. An older gentleman in one of my buildings did not realize he had an infestation. By the time we got into it, it was a bigger deal than it needed to be. We brought in the pest-control company, […]
Fines and Penalties – Using Them Fairly and Effectively (NY)
Community living comes with lots of rules and regulations—many of which are codified in largely static, hard-to-amend governing documents like proprietary leases and condominium declarations. Others are laid out in the more flexible context of house rules, which can (and should!) continue to evolve as times change and community values and demographics shift. House rules […]
Restrict Cashing Checks With Restrictive Endorsements (CO)
What do you do when you receive a check from a delinquent owner with a restrictive endorsement on it? Do you cash it? Do you return it? Do you call the attorney? A restrictive endorsement is a written statement sent with a payment that either defines what the check is written for (such as “Assessments […]
A Homeowner’s Association Guide to Aquatic Hitchhikers
Do you know what costs homeowners associations, small communities and government agencies over 120 billion dollars annually? The answer is invasive species. Far beyond the monetary costs, invasive species create unsightly, unbalanced and unhealthy aquatic ecosystems. Unfortunately, human activity is responsible for most infestations. Whether you’re a part of a lake community, live near a […]
Removing a Condominium Owner – A Complex Legal Process (NY)
Removing a disruptive, abusive, non-paying, or otherwise problematic tenant from a rental building is relatively easy. Doing the same thing in a co-op is also possible, though substantially harder. But removing a condo owner from the premises (and effectively wiping out his or her equity position as a member of the condominium association) is very […]
Is It Kosher for My Condo to Go Kosher? (NY/NJ)
Q: I live in a condo in Long Branch, N.J., that wants to change its building policies to support Jewish customs. The board wants to make the condo’s restaurant kosher and install an eruv, a ropelike ritual enclosure that surrounds the building to allow more freedom of movement during Sabbath. Not all residents in the […]
How to Complete an RFP
Welcome back to the third topic in our board basics series! We started the series by encouraging board members to double-check and make sure their insurance is sufficient for their association’s needs. Last time, we discussed the importance of HOA committee guidelines. This week, we’re going to walk you through how to complete a request […]
Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I (FL)
There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals in […]
Why Community Associations Should Check Their Zoning and Entitlement History (FL)
Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health and […]
Climate Change Means Co-op and Condo Boards Must Change (NY)
Habitat spoke recently with Dan Wurtzel, president of FirstService Residential, about the city’s new Climate Mobilization Act. New York City has passed a set of very ambitious climate laws that will affect all buildings, including co-ops and condos. What do boards need to know? Read the article…………………………..
Benefits of Funding Capital Improvements for HOA Associations
HOAs need to be prepared for any unexpected expenses that come their way. At times, HOAs are not as organized with their finances as they should be. For this reason, many HOAs have issues related to financing any unexpected repairs that they are required to make. What happens as a result is this financial burden […]
Putting the Puzzle Together Regarding Insurance Coverage and Exclusions
In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? Read the article…………………………
When Construction Occurs Next Door, Your Board Needs to Get Involved Early! (FL)
It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by the members of an established community but more often than […]
When Disaster Strikes: What Does Your Community Association Cover?
Whether it’s a natural occurrence like a wildfire or earthquake or an avoidable catastrophe like flooding from a burst pipe, when major damage affects your home or property it can be tough determine where to turn for help and advice or how to determine the responsibility of the owner vs. association. In this article, we’ll […]
Reasons for an HOA Community Website
With the many technological advancements we have today, an association website is a virtual necessity. A well-run, accessible site is critical to ease and improve HOA communication, finances, and board functionality. While not without risks, creating a community website that is easily navigated, professional, and that contains useful content for community members is well worth […]
The 5 Essential HOA Board Member Skills to Have
Whether you’ve served your association for several years, or were recently elected, it doesn’t take long to realize that board members need a variety of skills. Developing these various abilities allows associations to run optimally. Below are five skills that will help board members lead their teams effectively: Read the article……………………..
High-Rise Security and Privacy Concerns: Best Practices for Better Safety
Living on an upper floor in a high-rise building presents different challenges for security and privacy than a single-family home. There are several reasons why proactive security and privacy measures are smart for association members. While it is impossible to keep everyone safe from harm at all times, there are ways condo association board members […]
Rental Restrictions
Since the housing crisis of 2008, Wall Street real estate investment companies have purchased a huge inventory of homes, typically through foreclosure, that were left abandoned by homeowners unable to pay their mortgages. According to a CoreLogic Special Report released in 2018, the share of home sales bought by investors reached its highest level in […]
Is Your Manager Falling Down on the Job?
In the association management industry, there are times when the person(s) assigned to manage a community (CAM) isn’t doing what they are supposed to do. When this happens there are different ways to handle it, depending on whether your community is self-managed, managed by a small company, or managed by a large organization. Let’s take […]
The Hard Truth About a Condo Board’s Right of First Refusal (NY)
Victor Efremenkov, a unit-owner and member of the condo board at the 262 North 9th Street Condominium in Brooklyn, listed his apartment for $949,000. He then entered into a contract to sell the apartment to Ronen Segev for $850,000. The condo board regarded the sale price as too low, and it exercised its right of […]
Is it a Golf Cart or a Low Speed Vehicle? Florida Community Associations Beware
Nearly all of Florida’s community associations have rules and regulations governing various aspects of community living. It is common for those rules and regulations to include restrictions on vehicle usage, and oftentimes there will be specific restrictions on the use of golf carts within the community. But Florida community associations should beware, what looks like […]
Community Association Board Transitions Can Present Added Challenges During Difficult Times
Changes and shakeups on community association boards of directors are common in Florida, and since the legislature has imposed term limits for association directors, communities are likely to see an even greater level of transitions to new board members in the years to come. Read the article………………………….
The Delicate Art of Culling Bogus Comfort Animals (NY)
Warren Schreiber is the long-time board president of Bay Terrace Cooperative Section 1 and a co-founder and co-president of the Presidents’ Co-op and Condo Council, which speaks for upwards of 50,000 co-op and condo residents in eastern Queens. So Schreiber is no stranger to political battles. But lately he’s been seeing a new kind of […]
Building Bridges Through Improved Communications
Does it sometimes seem like your HOA board is on the “Bridge to Nowhere?” One-way communication feels that way. In fact, it isn’t really communication at all. True communication has a destination on each end of the bridge and each of those destinations has two lanes: expressing and receiving information. Read the article………………………
Is a Crime Watch Committee A Good Idea for Your HOA?
Imagine a way in which to reduce crime in your neighborhood while simultaneously sparking fellowship and engagement among homeowners and local law enforcement. Considering these possible benefits, a crime watch committee may appear to be an opportunity for homeowners to serve as a vital utility in securing the entire community’s safety and camaraderie. However, the […]
ADA and Community Associations: Best Practices in Handling Requests (VA)
Most people are generally familiar with the concept that hotels, restaurants, and other places of public accommodation are subject to the Americans with Disabilities Act (“ADA”). However, as we have mentioned before on this blog, community associations can fall under the scope of the ADA as well. Read the article………………………..
Discrimination Complaints: How to Avoid Them and How to Respond to Them (NC)
It is becoming more and more common for Community Associations, at some point in time, to have discrimination charges filed, or threatened to be filed, against them. Most of the time, such threats and charges are the direct result of the association enforcing the terms of its governing documents and compelling residents to do something […]
Adopting Smoke-free Policies in High-rises
Smoking bans in the U.S. have become commonplace over the past three decades. Policies have been adopted by local and state governments to make workplaces and public spaces completely devoid of smoke from cigarettes and, more recently, vaping devices. Secondhand smoke concerns have ignited efforts to completely ban smoking in high-rise residential buildings too. […]
Safeguarding finances: 9 steps to prevent fraud and embezzlement in your HOA
Community associations fall victim to theft and embezzlement too frequently. Board members should know the warning signs and institute preventive measures before the community is left with a difficult recovery. Combining these safeguards should help to keep your association and homeowners from being victimized. Read the article……………………….
Why Behavior-based Rules are a Community Association Manager’s Best Friend
From Old Yeller to Lassie, Americans have a long history of loving their pets. According to The Harris Poll, 62% of households have at least one pet and 95% of pet owners consider pets part of their family. Responsible pet owners make responsible residents. Many community associations have rules related to pets, including restrictions based […]
Committees Can Lighten a Board’s Work Load – if They’re Run Right
I first became a member of my condominium’s board of managers three years ago, when the seat held by the sponsor representative became available after the sale of its last unit. As a new unit-owner, I was eager to make a difference and have input on matters that affect my biggest investment. What I didn’t […]
How to Assemble a Team of Volunteers
As a board member, you know that committed volunteers are the backbone of a community association. From serving on committees and helping at neighborhood gatherings, to sitting on the board of directors, there are various levels of involvement needed to help your community thrive. Here are eight simple ways to assemble a team of volunteers […]
Vendor Relationships – Navigating Resident Interactions
Our industry depends on a close network of skilled industry professionals who are dependable and responsive. Emergencies are common, particularly in condominium developments where breaks in shared or common water lines can lead to disaster. Quick action by association vendors can extinguish the root cause of the emergency and potentially reduce, if not eliminate, thousands […]
Safeguarding Association Reserve Funds over $250,000.00 (OH)
Since the passage of the Ohio Condominium Act in 2004 and the Ohio Planned Community Act in 2010, Ohio’s community associations have been building reserve funds to repair and replace major capital items without the need for special assessments. Fortunately, many associations have built substantial reserve funds and are now more financially sound than ever. […]
The Purpose and Benefits of Stormwater Systems in Your HOA Community
A body of water dotting the landscape in an HOA community can be not only an attractive feature but also serve an important purpose. At first sight, a pond may seem like a part of the natural environment surrounding it. In most cases, a pond located within a community is part of a larger stormwater […]
A lawyer discusses co-op and condo renovations: Where to start in the planning process? (NY)
If you have just had the closing on a new co-op apartment and are planning to renovate, there are many things you will need to take care of before any actual work begins. A lot of this depends on the extent to which you are planning to renovate. It can vary from renovating just the […]
Budget Bonus
Thanks to some excellent interchanges with Robert Nordland, PE, RS, founder of Association Reserves as we were rolling out the Building the Budget series, we decided to create a budget template In Excel for anyone to use. Read the article……………………