Assessments can be a big determining factor for people looking at buying a property in an Association. The amount charged can vary drastically from one HOA to another, and because people often look at the dollar amount and not the whole picture, you might fear shooting yourself in the foot with assessments that are too […]
Teslas and Electric Charging Stations – What Should Condo Associations Do?
More and more people are choosing to buy electric vehicles. With the announcement that Tesla will drop prices significantly on some models, this is only going to increase. Read the article……………………..
Community Association Emergency Preparedness
We all hope that our home, community, coworkers, and friends never need to implement an emergency action plan. However, it makes more sense to be completely prepared for the possibility rather than try to figure out what to do in the middle of confusion and fear. Unfortunately, most communities do not have any plan in […]
Are Homeowners Associations and Condominium Associations Subject to the Americans With Disabilities Act?
We frequently get asked what special steps must be taken by associations to be compliant with the Americans with Disabilities Act (ADA.) In many cases our association clients are not subject to the ADA but it depends heavily on who they allow to use the common area and amenities. Read the article………………………
Common Misconceptions for HOA or Condo Board Members
Do you serve on the Board of Directors of a Community Association? If so, here are some common misconceptions that can cause problems for many boards— Read the article………………..
Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections
There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance. The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections. However, there are significant risks as well. There are a number of considerations that community associations must […]
Close Your Old HOA and Condo Bank Accounts
In our continuing education class “Financial Best Practices for Homeowner Associations and Condo Communities” we recommend managers and board members close old bank accounts. In this post we are going to discuss why you should close your old HOA and condo bank accounts. Read the article……………………..
The Hidden Dangers of Low Assessments (IL)
There is an old saying that goes “penny wise and pound foolish” which is perfectly apt when one discusses homeowner association finances. In other words, in an attempt to save money, associations might fall victim to unwise decisions in the short-term in an attempt to keep assessments low but ultimately regret the decision later when […]
Spring Landscaping Ideas for Buildings (IL)
It’s hard to believe that we’ve survived yet another Chicago winter! For property management companies, spring means two things: assessing any potential damage done by the winter weather, and diving headfirst into spring landscaping. Here are four aspects of spring landscaping we look to first: Read the article……………………
Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting (FL)
Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural […]
Capital Reserve Funds – How Much Do You Really Need?
As community members, co-op and condo owners work together to maintain the greater structure in which they live – not just their individual units. Major systems – things like boilers, roofs, and facades – are expensive to maintain and repair, but each has a standard useful life. Thus, boards and managers should be diligent to […]
Can you Dissolve an HOA in Texas?
Though homeowners’ associations function to serve the communities in which they govern, sometimes community members decide – for whatever reason – that the association has run its course. In some cases, the HOA is not providing valuable services to the community, or not honoring the commitments that it was obligated to. In other cases, the […]
Attempts to Unilaterally Modify Contracts by Service Providers
Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations. These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider. When assessed on a […]
Security & Privacy Meet in the Hallway
Incorporating technology into our homes is big, big business in the Unites States. Where once we were clapping at our lamps, now we can control virtually everything inside and outside of the home with the sound of our voice or apps on our phones. As part of this growing trend, video doorbells have become immensely […]
Watch Your Step Crossing the Fannie and Freddie Lending Minefield
In an earlier article, we explained that when deciding whether to lend money to potential buyers or to unit-owners who want to refinance their mortgage in a condominium, lenders follow guidelines issued by federally backed Fannie Mae and Freddie Mac. These guidelines can seem like a minefield. While some of the guidelines present unavoidable pitfalls […]
A Few Ideas on How Your HOA Can Celebrate Earth Day
Earth Day is coming up quickly, and it’s time to prepare. April 22nd is when this spectacular event is happening, and there is plenty that your HOA can do to participate in an effort to better our environment and the Earth in general. Even doing a small part will contribute to a greater life for […]
Parliamentary Procedure: the Why and the How (IL)
We hold meetings because we must. They are essential to decision making, and parliamentary procedure helps us meet effectively. “Parliamentary procedure” is an umbrella term, referring to the many rules that provide structure to a meeting where business is transacted. Most meeting gurus swear by Robert’s Rules of Order, and while there are other rulebooks, […]
Burst Sewer Pipes, Condos, and Coverage
We had an interesting question come in this week so I thought I would address it publicly. I’ve edited the question for space and to avoid disclosing any identifiable details. “I live in a condo building. A sewage pipe burst, causing damage to my unit and a few other units. An adjuster came out representing […]
Appreciation: Benny L. Kass made buying and owning a home less scary for a generation of readers
On Oct. 7, 1972, a column debuted in The Washington Post’s Real Estate section aimed at transforming one of the most perplexing transactions for many people — buying a house — into a process they could understand and manage. At first, the column by Benny L. Kass was called Counsel to Home Buyer and Owner. […]
What You Need to Know About Hail Storms, Damage, and Your HOA
Mother Nature is unpredictable when it comes to damaging storms. What may look like just a threatening cloud may produce damaging hail. Protecting your HOA from damage and reviewing your insurance policies is important no matter where you live. When a hail storm strikes, you’ll be better prepared when it comes to dealing with the […]
Capital Reserve Funds – How Much Do You Really Need?
As community members, co-op and condo owners work together to maintain the greater structure in which they live – not just their individual units. Major systems – things like boilers, roofs, and facades – are expensive to maintain and repair, but each has a standard useful life. Thus, boards and managers should be diligent to […]
Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance? (FL)
Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. Read the article……………………..
Collection Minefields & Helpful Tips (NC)
I recently spoke on the topic of Collection Minefields at the last two NC Community Association Institute (CAI) Law Days. Both sessions were very well attended and the participants came with many great and pointed questions. That tells me that both Board members and mangers are acutely aware that collecting unpaid assessments is a vital […]
Ask the HOA Expert: Pruning Perfection
Landscaping is a homeowner association asset that can and should improve with age. However, diligent attention is required in order to make this happen. Skilled maintenance work, along with occasional and ongoing improvement work are essential. Read the article……………………
Geothermal Heating and Cooling: Is It an Option for Your Association?
Community associations are increasingly looking toward environmentally-friendly options to heat, cool and power their properties in order to reduce their carbon footprint and save money. Wind turbines, solar panels, combined heating and power (CHP), and various other energy alternatives all provide varying degrees of efficiency and savings, while simultaneously ranging in availability and viability depending […]
Access to Documents: Understanding Residents’ Access to Information (NY)
Living in a co-op, condo or community association can simplify a lot: maintenance issues that keep single-family homeowners up at night aren’t a concern for condo dwellers, and there may even be a door person or concierge to sign for packages and keep an eye on who’s coming and going from the property. But multifamily […]
Managing Mental Health Issues: Addressing Residents With Sensitivity (NY)
Running a community association requires boards and managers to work with people from all walks of life, including those who have unique experiences, wants, needs, and challenges. That may also apply to people with behavioral or mental health issues. In some cases, a resident may be quite open with neighbors and others about a diagnosis […]
Clearing The Air in an HOA: Guide For Members Dealing With Secondhand Smoke
The health hazards of secondhand smoke entered the public consciousness with a 1986 Surgeon General’s report. Since then, state and local governments, and many homeowners and condo associations, have adopted policies intended to limit exposure. Millions of former smokers have quit over the last few decades, and far fewer young people will ever pick up […]
How Homeowners Can Have a Productive Relationship With Their HOA (FL)
A Homeowners’ Association (HOA) is a private association that chiefly exists to safeguard the property values of a particular building or community. An HOA is basically established by the developer of the community where the homes are built. HOAs have got a bad reputation generally because of their strict rules and arbitrary orders they enforce […]
Top Amendments for an HOA or Condo in North Carolina & South Carolina – Part Two
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities. Over the next few articles, […]
Communication With Your Attorney
Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney […]
Owners Pay Assessments – Not Maintenance Fees or Dues (OH)
The Ohio Condominium Act and Ohio Planned Community Act both require that associations “collect assessments for common expenses” from the owners. Annual assessments, monthly assessments, special assessments, and enforcements assessments are all legally referred to as assessments. Despite this statutory assessment authority, many associations still improperly refer to their assessments as “maintenance fees” or “dues.” […]
Unit Owners and Interference with Association Vendors
Every so often we receive calls from Board members or property managers exasperated by the actions of a meddling, “helping” or interfering unit owner who has taken it upon themselves to instruct Association vendors on the proper manner to do their job. These vendors range from landscapers, snow plowing contractors, carpenters, roofers and even insurance […]
Playing Music or Movies at your Community Event or in Your Community Pool or Workout Room?
Peloton, the fitness company that makes the popular exercise bike, is being sued for using unlicensed songs in its workout videos. The National Music Publishers Association claims that Peloton failed to properly license the music they use for their streaming spinning classes. With the ease of accessibility of streaming music from Pandora or Spotify and […]
Getting Your HOA Out of the Dark Ages
For too many community associations, a familiar scene plays out in HOA offices across America. File cabinets being rummaged through, dusty laptops being dug out, and a frantic search for that one sticky note containing a vital piece of intel. Maybe the true horror won’t set in until somebody dusts off the old stone tablet […]
C.O.M.M.U.N.I.T.Y.: Nine Best Practices for Board Members and Association Leaders
Being a Board member or volunteering for an Association committee contributes to the wellness of your community, enhances property values, and can provide a positive experience. Below is a list of ten best practices that can assist you as a Board member and Association leader. Read the article…………………….
Living in Your Neighbor’s Backyard? Here’s How to Keep the Peace
If you’ve visited a newer neighborhood recently, you may have noticed that yards are getting smaller and houses are getting closer together. Whether it’s because homeowners don’t want to manage the maintenance and upkeep that comes with having a large yard, or developers are trying to make better use of their space, the small yard […]
6 Reasons Why Your HOA Needs a Member Website
As a modern HOA in the digital era, your HOA has zero reason to limit communications to the traditional flyers and annual meetings. Because, let’s face it, the high-tech professionals who make up your member-residents pay little mind to piece of paper these days. If you really want to stay in touch with your community, […]
Three Tips for Surviving an Elevator Shutdown
Elevator shutdowns are becoming more common as co-op and condo boards scramble to install mandatory door-lock monitors by January 1, 2020. The required work is leading many boards to replace aging elevators while they’re shut down for the door-lock installation, in the hope of saving money in the long run. Some of those boards go […]
5 Ways to Improve HOA Annual Meetings
There are few HOA rituals as universal as the Annual Meeting. This meeting, held once a year, sets the groundwork for how the entire community runs. At the annual meeting, the board holds elections, sets the budget, and takes association member questions about the direction of the HOA. It’s important to be prepared as you […]
Can Someone Without a Garage Own An Electric Vehicle? (NY)
The popularity of electric vehicles is at a record high with nearly every automaker already offering an all-electric model or designing one. If you’re ready to find out what the buzz is about and are looking into buying an electric vehicle, there has never been a better time as far as the vehicle quality and […]
When does the HOA Belong to the Homeowners? (MD)
So you have done it. You purchased that dream home. It is brand new, and you worked with the builder for months, agonizing over each critical detail. And it is yours! Now it is time to protect that investment and turn your community into your village. How do you go about doing that? Read the […]
Service Animals in Your Community Association – “Can They Do That?
When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get […]
1099’s for HOAs: Why Filing is Important
As a legal business entity, your HOA must file taxes. Filing is an important thing to do, and there is one form in particular that you should know about, and that’s the 1099-MISC form. If you have a property management company, they will likely take care of most of the tax filing process for you, […]
The Project Costs What!?! That Requires A Membership Vote (FL)
Condominium Associations are in the maintenance game it seems at times. Just when one project ends, another is beginning. Maintenance is simply a fact of life for all condominiums. A big problem arises in many condominiums, however, when the maintenance project is deemed by the membership to be too expensive as they believe the cost […]
Raffles and Games of Chance: A Gamble for Community Associations (FL)
Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are either prohibited by Florida law or heavily restricted. Given the potential for condominiums, co-ops, and homeowners associations or […]
Rules on Drones All Community Associations Should Consider (FL)
Drones have become extremely popular for those who yearn for the latest gadgets and gizmos. Many associations have already adopted rules to address the use of drones in their communities, and those that have not done so should give it serious thought and consideration. Read the article………………….
Help Keep Your Community Safe by Hosting Safety-Focused Seminars
Promoting the safety and security of the community is, of course, a primary mission of any HOA. Ideally, crimes and disturbances should stay far from your community’s gates. But, no neighborhood can expect remain entirely insulated from would-be bad actors and ugly events. Most residents recognize the need to take basic steps to enhance their […]
HOA Bankruptcy: What you Need to Know
An HOA is an organization that runs on money, similar to other businesses and agencies. And similar to those other organizations, when the HOAs money runs out, they, too, can go bankrupt. Declaring bankruptcy is rarely the answer for HOA communities, although it can, on occasion, happen. If your association has more debts than it […]