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 creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because […]
Tips for Dealing with Noise in Your HOA or Condo
Noise is an inevitable reality in homeowners associations and condominium communities. Condominium dwellers live in such close proximity, it’s essential that we consider the effect noise will have on our neighbors when deciding on floor coverings, where to mount the flat-screen television or when to knock out a wall. Read the article……………………..
Financial Management of Community Associations |Part 3 : Budgetary Roles and Responsiblities & Budget Presentation
The roles and responsibilities with regards to the budget at your community association can be varied. The manager, board of directors, treasurer, and even the owners all have different roles in planning and maintaining the budget. We will take a detailed look at those roles as well as the best ways to present a budget. […]
Know the Rules Regarding Raising the Flag and Flagpoles
Homeowners associations and condominium communities are in the best position to determine the appropriate size, placement and installation of flags and flagpoles in their communities. That’s why CAI applauded the 2006 enactment of federal legislation giving residents the right to fly an American flag as long as they do so in compliance with association rules […]
Understanding Stormwater Systems (FL)
South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance. Some counties and local water control districts require licensing and renewal of the permits for the […]
HOA Homefront – Open Forum guidelines for directors and members (CA)
The “Open Meeting Act” (Civil Code Sections 4900-4955), requires at Section 4925(b) that all membership meetings and board meetings have a time set aside for members to speak. This time is often called “open forum.” In open forum, a member can speak on topics on or off the agenda. Some associations avoid open forum and […]
Annual Meeting Basics: Getting the Voters and Counting Their Votes (NY)
There are four steps to running an annual meeting at a co-op or condominium that result in the election of a new board without unwelcome vituperation or litigation. The first two steps, as noted earlier this week, are distributing a proper meeting notice and collecting valid proxies. Today we look at the final two steps. […]
Don’t Let the Bed Bugs Bite!
Bed bugs have become a growing area of concern for planned communities across the country. Although no community is immune, bed bugs are most commonly found in single-family homes, condominiums, and hotels/motels. Because of their ability to travel from location to location, bed bugs can easily spread and infest multiple areas. This makes condominiums, townhomes, […]
“Armed and Dangerous,” CAI Common Ground
IT WAS NOT A PLEASANT TOPIC, but that didn’t stop the Ridgeview Place Condo Association near St. Louis from raising questions about what owners should do if an “active shooter” storms the community. “We’re too isolated for anybody to really come—and we’re all too old,” says Diane Burnell, chair of the association’s disaster preparedness committee. […]
Putting the “Meet” in a Condo Board’s Annual Meeting
Today we offer a case study of what happens when factions fight over control of a condo board. It is not pretty. Golf View is a condominium on Staten Island made up of 61 homes. In early 2017, two members of its seven-person board of managers resigned. The bylaws of the condo allowed the board […]
“Excessive Clutter” – Dealing with Hoarding at your Common Interest Community (CT)
All of us at times are messy people – we save too many things, or do just a bit too much shopping online, and pretty soon our homes are “cluttered” and full of junk. We get “joy” from all we own and will not get rid of anything! Does this mean we are hoarders? Read […]
ASSOCIATIONS’ RESPONSIBILITY FOR THE RESULTS OF CRIMINAL ACTIVITY
No one really knows why people commit crime, hence no one really knows what is “adequate” deterrence in any given situation. While bright lights [or in this case, an alarm] may deter some, they will not deter all. Some persons cannot be deterred by anything short of impenetrable walls and armed guards. 7735 Hollywood Blvd. […]
Community Association Transition: Construction Defects, Implied Warranties and Consumer Fraud (NJ)
A successful transition from a developer to a homeowner-controlled board is one in which the two parties work together to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens when negotiations fail? Read the article……………………..
Defining Commercial Vehicles in an HOA
Q: Our homeowners association covenants, which are decades old, allow two cars per household and no commercial vehicles. Over the years, the demographics in our community have changed, and we now have more blue-collar residents who own their own businesses. We also have police officers with patrol cars and EMTs with an ambulance living here. […]
Cumulative Voting for Community Associations
Electing the right people to the leadership board of your community association is essential for success. Board elections present the opportunity to vote the right people in and the wrong people out, depending upon the view of association members. For associations with cumulative voting, the election can result in a tug-of-war between members who want […]
What’s in a Fine? (MD)
Yes, here at FLS you can get your condo law with a side of Shakespeare. And today we are talking about that most inflammatory of community association topics: the FINE. When an owner violates a provision of the governing documents, the Association may have several avenues of recourse. It can file for an injunction and […]
Operation Elevator: A Co-op Board Prepares for Battle (NY)
When the 171-unit co-op at 333 East 66th Street had to modernize both passenger elevators, the board decided to put together a battle plan. “We really went at this like it’s a precision military operation,” says board vice president Ellyn Berk. Read the article…………………
Tips for Refreshing Curb Appeal
With spring about to give way to summer, now’s a great time for homeowners to work on a few simple improvement projects that’ll wow anyone who visits your community. While it can be costly to replace siding, fencing, or to paint an entire home, members can make other significant improvements without much cost or work. […]
Top 3 Bad Board Decisions
Being on your HOA board requires you to make decisions that affect your entire community. Often, these decisions are fairly easy, as your community has governing documents that set the stage for sound decision making. But what about those gray areas, or decisions that seem like good ideas at the time, but turn out disastrous? […]
Special Client Letter – Requests For Reasonable Modifications And Accommodations And Emotional Support Under The Fair Housing Act (MD)
Over the years, many clients have asked our office to provide guidance concerning homeowners’ requests for reasonable modifications and/or accommodations under the Federal Fair Housing Amendments Act of 1988 (the “FHAA”). And, more recently, as you may have seen in the news, there is a significant increase in the use of emotional support animals (“ESAs”) […]
HOA VOTING: The Differences Between a Ballot and a Proxy (NC)
Most Homeowner Associations (HOA) will request at least one vote a year and some may have several, depending upon their community needs. The voting can be done at a meeting or based on state or bylaws, can be done by mail. Yet, problems arise, when homeowners don’t understand the differences between a ballot and a […]
Guidelines for Creating Community-Friendly Association Rules (NC)
Let’s face it, we all need rules. Knowing what’s acceptable and – perhaps more importantly, what isn’t – helps set standards and define expectations and consequences. Knowledge of what is and isn’t acceptable also generally provides a structure for successful management and peaceful coexistence whether it be at the office or out on the roadways. […]
How to Prepare Your Community for a Wildfire
Every year, more and more people are forced to flee their homes because of wildfires. These fires have been growing in both size and frequency, and today more than 4 million U.S. households are located in areas that are under extreme wildfire danger. Fortunately, there are simple steps you can take to help protect your […]
Financial Management of Community Associations | Budgets and Replacement Reserves Part 2 : Budget Preparation
A budget usually applies to a 12-month period (Jan 1 to Dec 31, Jul 1 to June 30, etc.). Your community’s budget should be approved a minimum of 45 days in advance of the start of the fiscal or budget year. This will enable distribution of the approved budget to owners before it goes into […]
An Overview of Special Assessments (IL)
As you’re probably well aware, Association residents pay regular assessments to cover collective maintenance expenses, based on the annually-budgeted needs of the community. Are you familiar with Special Assessments Let’s review the basics: Read the article…………………..
Putting the “Meet” in a Condo Board’s Annual Meeting (NY)
Today we offer a case study of what happens when factions fight over control of a condo board. It is not pretty. Golf View is a condominium on Staten Island made up of 61 homes. In early 2017, two members of its seven-person board of managers resigned. The bylaws of the condo allowed the board […]
Serving Alcohol For an HOA Event
Summer is almost upon us! And, with it comes a plethora of exciting community events: barbecues, pool parties, music in the park concerts, movie nights, and so much more! During the summer, it may be tempting to serve alcohol at HOA events. However, serving alcohol at HOA-sponsored events comes with great responsibilities as there are […]
Why Does Your HOA Need Reserves?
Equipment and major components (like the roofs) must be replaced from time to time, regardless of whether your association plans for the expense. We prefer to plan and set the funds aside now. Reserve funds aren’t an extra expense—they just spread out expenses more evenly. Below are other important reasons we put association monies into […]
Landscapers: the good, the bad and the troublemakers (CT)
It’s that time of year…finally!!! It’s been a long winter and the residents are tired of being indoors. With the snow gone, the lawn and gardens are on full display. Are you happy with the landscaper? Many times, things do not go as planned with a landscaper. Promises are made to get you to sign […]
Are Your Proxies Valid Under Illinois Law?
In the context of homeowners and condominium associations, a proxy is a document authorizing a person to act or vote on behalf of an owner who is unable to attend a meeting. Proxies are most commonly used at board elections and owners wishing to run for a seat on the board of directors will often […]
Barbecuing 101: To Ban or Not to Ban? (NY)
Summer’s almost here, and co-op and condo boards are about to get reminded that there’s nothing simple about a simple summer barbecue. In regulating or banning barbecuing, boards need to consider the Fire Department of New York’s (FDNY) stringent regulations, inconvenience to neighbors from smoke and noise and smells, as well as insurance and legal […]
How Should HOAs Handle Security Cameras?
Security cameras have been an issue for a while, but new technology such as the Ring security system with cameras attached to your doorbell are highlighting the issue. There are two levels to worry about. The first is whether or not you should install cameras in common areas as part of your overall security policy. […]
What is a Reasonable Long-Stay Guest Policy for Your HOA? (TX)
No one likes having their ability to host guests limited by an authority. Especially when they own their home and feel they should have full control over who comes and goes. It’s understood that rental homes need every adult resident on the lease as a matter of legal accountability. However, most people don’t realize that […]
Workers turned heroes after a fire breaks out at a condo complex (IL)
A fire that broke out at Chateau Richelieu turned a group of workers into heroes. Roofers sprang to action to assist residents in evacuating –especially the elderly, who required some help in getting out. Read the article……………………..
HOA Pool Safety Reminders
Pool season is here! Children will soon be out of school for the summer, and families are sure to be visiting the HOA pool much more often – that’s why we’re providing some simple safety tips you can use to prepare your community for the pool season. Read the article…………………..
HOA 101: Basic Terms & Definitions
Like any organization, HOAs, or homeowners’ associations, use a language of their own. This can make living in an HOA community or attending an HOA meeting a frustrating or confusing experience. But, it doesn’t have to be! Once you learn the basics, you will have a better understanding of what an HOA is and how […]
Financial Management of Community Associations | Budgets and Replacement Reserves
What is a Budget? A budget is an annual financial plan for an organization – in this case, a community association. A budget provides an estimate of a community’s revenue and expenses for a specified period of time. It is the first step in managing your community’s financial operations. Read the article………………….
Why are there so many homeowners associations in metro Phoenix? Valley 101 podcast answers
Homeowners associations are a controversial topic in Arizona, and with good reason: Arizona is No. 10 in the nation for number of community associations. According to the Community Associations Institute analysis of 2017 data, there are 9,600 homeowners associations, condominium communities and housing cooperatives in the state. Almost two million Arizonans live in one. How […]
Attorney-Client Privilege When Board Members Sue the Association (FL)
Many Associations have just completed their election season and find that a person or persons newly elected to the Board are involved in a case being defended or prosecuted by the Association. Now what? Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that […]
Preparing Your Community Association’s Landscaping for Hurricane Season (FL)
There are two constants every summer in South Florida: high temperatures and hurricane season. As Floridians know, hurricanes can cause some serious damage to our landscapes if preventative measures aren’t taken. It is the responsibility of the Board and Property Manager to prepare a community’s landscaping to mitigate any possible damages. The following are some […]
Electric cars are coming to your condominium; who will pay to charge them up? (FL)
While electric vehicles have more or less been a novelty over recent years, many indicators are concluding that they will proliferate in much greater numbers in the near future. If the indicators are correct, that means you or your neighbors will probably have one or more of these cars parking at your condominium soon. Read […]
Talent wanted: How to hire and retain skilled community association managers
Recruiting and retaining skilled managers can be challenging for community associations and management companies, especially in a very competitive labor market and with communities limited by tight budgets. In this reality, it becomes even more important for associations and management companies to highlight their strengths and address organizational shortcomings, says business speaker and author Peter […]
Landscape Contracts (CO)
As spring is officially here, many associations are obtaining proposals from contractors for seasonal lawn care and other maintenance services. This article is intended to highlight certain contract terms and issues that boards should consider before signing a landscaping service contract. For more information on general contract terms we recommend for effective vendor contracts……. […]
Who Decides What – Board or Owners? (CO)
As the saying goes, “you cannot please 100% of the people 100% of the time”. This cannot be truer when it comes to common interest community living. In a perfect world, homeowners would elect the board and allow it to govern in accordance with the law and the community’s governing documents. Read the article…………………….
Assignment of Lien’s in an HOA Community (TX)
A lien is a right to hold a piece of property belonging to another person until a debt owed by that person is paid. Associations have a lien – sometimes called a statutory lien – against all properties in the community. An assessment lien is an automatic claim that the HOA attaches to a property […]
You’re Fired – Terminating Contractors Versus Employees (OH)
Most community associations utilize independent contractors to service their property. A general example of an independent contractor is an association’s landscaper who uses its own machinery, works on other properties, and is paid in lump sums. However, some associations hire employees who only work for the association, are paid by the hour, and are subject […]
What Happens to the Homeowners Association Fee When a House is Foreclosed? (CA)
Common interest developments, such as condominium projects and planned-unit developments, usually involve an additional monthly fee. A homeowners association, or HOA, levies the same fee for each owner within the community. HOA fees fund the everyday maintenance, services and tasks of the HOA, and therefore are mandatory. The homeowner remains responsible for his share of […]