Hurricane and monsoon season officially starts in early June, which means now is the perfect time to make sure that your community is properly prepared. Below are tips and some guides for your community, both to help your Association and your Residents to be prepared. Read the article………………………
The Dynamics of Difficult People
We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation Read […]
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
Association Hazard Insurance Policies Benefit not only the Association but also all Condo Owners (their tenants) and Mortgagees
Both Commercial and Residential Condominium CC&Rs frequently contain insurance language requiring the Association to obtain hazard (fire) insurance and prohibiting Owners from obtaining such coverage. Condominium Owners on the other hand are limited to obtaining liability insurance. Similar language was found in the CC&Rs of the condominium association in Western Heritage Insurance Company v. Frances […]
The Benefits of a Green Roof Go Way Beyond Economics (NY)
One big thing. The Climate Mobilization Act, a New York City legislative package of seven bills that goes into gear in 2024. It’s the single largest carbon-reduction effort that any city has put forward, and it leaves you five, very short, years to get your building in shape. Read the article………………………
Financial Management of Community Associations | Budgets and Replacement Reserves -Part 4 : Reserve Account/Reserve Funds
The reserve account consists of funds put aside in “reserve” for the replacement of major components of a community’s common property (aka “assets”). Typically the reserve account is used to replace asphalt paving, concrete sidewalks, roofs, central heating and cooling plants, swimming pool, tennis courts, elevators, and many other property components. Revenue raised for adding […]
How to Deal with HOA Bullies
Does your board president rule with an iron first? You don’t have to put up with it. Maybe she’s been running the association single-handedly forever. Or perhaps he’s been a big shot in the business world and is certain the community needs his iron fist. Whatever the motivation, the homeowners association president becomes a dictator. […]
Pool Safety Tips for Your Association
A swimming pool in a condominium or homeowner Association can be a welcome amenity to residents. However, it is important that the Association implement rules and regulations that are suited for the community and address potential legal issues. Here are four safety tips your Association should consider that address pool upkeep and liability. Read the […]
What You Need to Know About a Drainage Easement Fence
When it comes to purchasing property, it’s important for buyers to know their rights concerning easements and how those easements may impact plans for your new home. Read the article……………………..
8 Rules HOA Boards Can Follow to Keep Residents Safe
When it comes to increasing and maintaining the value of your neighborhood, it’s on your plate to make sure safety is one of the top priorities for your HOA Board. However, it can often be a challenge to keep up with each and every one of your neighbors. We’ve rounded up 8 simple rules you […]
First Step Toward Managing your Association’s Data Breach Liability Risks Is Recognizing Them (MA
You are the president of a condominium board and you don’t appreciate getting a call from a fellow board-member Sunday at midnight. The reason for the call is even less welcome. The board member has lost a laptop containing every essential piece of association related information it would be possible for anyone to have. Names, […]
How to Make Your Pool More Sustainable
For many community associations the pool is a key amenity where neighbors can gather and enjoy the sun. However, pools, especially freshwater pools, require a lot of maintenance. Some of that maintenance requires chemicals and actions that are less than sustainable but there are steps you can take to ensure a more eco-friendly pool this […]
How Can I Help Animals in My Community?
Wild creatures are common visitors in many neighborhoods. However, they are sometimes known to dig holes in carefully-tended lawns, scavenge vegetable gardens, and make a mess of trash bins! Because suburban areas are also part of these creatures’ natural habitats, relocating these animals can harm them; this is why we are sharing some simple tips […]
Five Considerations in a Condo Deconversion (IL)
In the past few years, the demand for rental units has increased due to a number of factors including rising home prices, declining homeownership among seniors, increased single-person households, and tougher mortgage lending standards. Accordingly, a new phenomenon has emerged where all the units in a condominium building are sold to a third party who […]
Avoiding Selective Rules Enforcement for Condo Associations (FL)
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……………………..