In today’s fast paced world of technology and innovation, so many of us hear how important is to establish a “brand.” Even community association board members should be thinking about how they can brand their association’s business operations to bring an expectation of professionalism to the association’s operations. An effective brand can help create a […]
Enforcement of Restrictions on Streets Running Through the Community (CO)
Rarely a week goes by when attorneys do not field calls from board members or managers asking whether or not the association can enforce its rules on streets running through the community. Sometimes these questions have simple answers, and other times, research will need to be conducted to determine the answer. Read the article……………………
Are Your Architectural Request Forms Ready for the Spring Rush? (CO)
As we move through the winter months, many owners are already anticipating the exterior home improvements they want to make in the spring. For most covenant controlled communities, exterior modifications require prior association approval upon submittal of an architectural request form. But do your forms contain all the necessary provisions to adequately protect the association […]
Non-Resident Board Members: Managing Absentee Decision Makers (NY)
An individual’s interest in their community association is rarely solely financial. In most cases, a building or HOA is also that individual’s home. And as such, they’re motivated to contribute positively to its quality of life, neighborhood congeniality, and aesthetics – just to name a few factors that make a place somewhere people love to […]
Welcome Aboard: Acclimating New Association Staff Members (NY)
Little in life is more nerve wracking than that first day on a new job: ‘Are you prepared to do this?’ ‘Are you even qualified to do this?’ ‘Is your shirt buttoned correctly?’ ‘It is, right?’ ‘Why does it look wrong?’ ‘Should you change your shirt?’ All of these questions and more – along with […]
Addressing Management Problems: Communication, Mediation, Cooperation (NY)
Most of the time, when a problem arises in a multifamily building or community association, the go-to solution is to get management on the phone (or text, or email). The refrain usually goes something like: “Management will take care of it!” “They’ve seen this a million times!” “What can’t they handle?!” Read the article………………….
Running Small Associations: Unique Communities, Unique Needs (NY)
Condominium associations come in all sizes and shapes. They can contain hundreds of units, or as few as two. While many of the issues faced by associations are universal regardless of size, small condominium associations do face some unique challenges that set them apart from their larger cousins. Those challenges touch all aspects of life […]
Emotional Support Animal (FL)
The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built. A person recently purchased a unit and has been seen with a dog that barks all the time. The owner signed all the […]
Amending Rules: Updating Bylaws and House Rules to Fit Your Community (NY)
Co-op, condo and HOA boards are tasked with a great many responsibilities – including determining and promoting both the day-to-day and longer-term interests of their residents. That’s a tall order, and it’s largely achieved through the implementation of rules and regulations designed to serve those interests while prohibiting activity that could be detrimental to the […]
New Condo Boards Need to Address Building Flaws Quickly
One of the most common challenges for fledgling condo boards in newly constructed buildings is dealing with the structure’s physical flaws, from cracks in the foundation to leaky windows and roofs, and worse. When seeking relief from the sponsor, time is of the essence because courts have held that the statute of limitations for a […]
8 Secrets to a Successful Audit
From serving as a formal method of checking financial methods and procedures, to identifying accounting weaknesses and correcting financial problems, an audit is an extremely important step in fulfilling a board’s fiduciary responsibility for the financial prosperity of an association. The following are eight secrets to conducting a successful audit. Read the article……………………
5 Resolutions to Make You A Gold Star Member in Your HOA
If you regularly attend board meetings, pay your HOA fees on time, volunteer on a committee, and read the monthly newsletter, you may already be an all-star member in your homeowner’s association. But if you find that you aren’t consistently doing those things, then the new year is a great opportunity to start. Below are […]
What is a Horizontal Property Regime? (TX)
A Horizontal Property Regime (HPR) is a zoning policy which essentially allows for two new houses to be built on a piece of land that was previously zoned for just one house. This results in tall, narrow houses, either attached or separated by mere feet. HPRs were created to accommodate the rising number of people […]
The Drones Are Coming!
In addition to rappellers on ropes and bucket trucks on telescoping arms, there’s a third alternative to conventional scaffold drops when performing a mandatory building facade inspections: drones. Read the article………………….
FCC Regulations for Satellite Dishes
In 1996, the FCC adopted the Over the Air Reception Device Rule, or OTARD rule. In short, the OTARD rule prohibits homeowners’ associations and condominium associations from placing restrictions on residents which impede the installation, maintenance, or use of satellite dishes, TV antennas, or wireless cable antennas. Read the article…………………..
My Unit is Flooded From a Neighbor’s Condo! Who Pays For a Condominium Leak or Dry-outs Afterward? (FL)
It’s not unusual for condominium owners to experience leaks that don’t come for their own unit. Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo. When you add in owners who may only live in the unit part time, and other units that may be […]
Bah Humbug! What to Do if an HOA Board Member is a Scrooge
There seems to be one in every homeowners association. That one HOA board member that consistently disagrees, goes against the majority, or at the very least enjoys playing devil’s advocate. Do you have a Scrooge – a mean spirited, miserly person – on your Board? There are ways you can deal with them. Read the […]
Pro-Active or Reactive Architectural Review
Question: I recently heard the terms “pro-active” and “reactive” as it applies to Architectural Review. Apparently, pro-active is when the community announces walk-throughs to look for problems, and reactive is when the community relies on reports by neighbors who see alleged violations. What are your views on “pro-active” enforcement? Read the article………………..
Insurance Industry Responds, and Owners May Pay the Price
Events of casualty damage, even when some of the damage is covered by an association’s insurance policy, can be very expensive for condominium and homeowners associations, primarily because association insurance deductibles are typically tens of thousands of dollars per claim. The deductible expense is really just the portion of the cost to repair that is […]
Can Condominiums Charge Capital Contribution Fees? (FL)
Our condominium association clients frequently ask whether they can charge “a new owner fee” or a “working contribution” or “capital contribution” to buyers of a unit. We respond “no.” After our condominium clients get over the initial shock we didn’t provide the usual lawyer answer, “it depends,” the next question usually is “why not”, or […]
‘Indemnity’ and ‘subrogation’ among legal terms to question
Every now and again, I have to remind myself — or be reminded by a client — that not everyone speaks “law.” What are familiar terms to lawyers aren’t necessarily so to those in other walks of life. I suppose this is common to most professions. Who, other than an orthopedist, throws around terms such […]
Part VI: Community Rules Development & Enforcement – Architectural Guidelines
In this weeks edition of our Rule Development and Enforcement for Communication Associations series, we delve into the topic of Architectural Guidelines. These guidelines can be a real time-saver while offering your homeowners a more convenient and efficient avenue towards architectural alterations. Read the article………………..
4 Traits of a Good Board
Managing an association’s affairs and taking responsibility for running a community are no small tasks. Homeowners trust their board of directors to make sure everything operates smoothly, services are maintained, and issues are resolved promptly. The board of directors can make the difference between the community’s success or failure, so it’s vital that each person […]
Do Just One Thing! What can be done to rebuild declining nonprofit institutions?
When I travel around town these days, I often run into old friends and neighbors who know my background regarding nonprofit organizations (I served on +50 board of directors over the years), and they like to unload their frustrations on me. For example: The president of a homeowner association complained he had to serve a second […]
3 Solutions to Common Holiday HOA Issues
Residential property management can become challenging during the holidays when residents begin violating rules that help make the community better for everyone. Most residents aren’t doing this purposefully — they’re likely not aware of the rules. Here are three common problems that you’re likely to face this holiday season and solutions to help you effectively […]
Nuisances – What Is A Board To Do? (FL)
The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? Read the article……………
What if There is No Board?
Question: I live in a 50 unit condominium where, for the last several years, every board we elected got to fighting among themselves and accomplished nothing. Our place is a shambles and our delinquencies are increasing. We have (or I should say “had”) a five-person board, but one by one they all have resigned. We […]
What is a Reserve Study, Really?
The slightly technical definition of a reserve study is: a budgeting tool based on the art and science of anticipating and preparing for major common area repairs and replacement expenses an association will face in the future. Read the article………………..
3 Record Keeping Tips for HOA Board Members
Sorting through a stack of miscellaneous receipts, contracts, and other documents can be tedious at best. Having no organizational system in place to make that search any easier is downright cruelty. Ideally, every HOA board should take time to analyze their current record keeping habits and consider ways to improve them. Otherwise board members will […]
4 Ways to Trim Your HOA Budget
Typically, homeowner associations will appoint a treasurer to keep track of monthly expenses, create a working budget, and allocate funds appropriately. Yet, it is not the sole responsibility of the treasurer to manage the budget. One of the essential duties of the entire HOA board is to continuously review the annual budget and make adjustments […]
Enforcing HOA Violations (TN)
As an HOA board member, it is your duty to understand the rules, restrictions, and regulations of the association. Some rules have been in place since the association was created and others may be new additions or amendments to older rules. In any case, it is the responsibility of the HOA board to enforce any […]
The Role of HOA Management — Hang Up Your Super Suit
Sometimes it seems that homeowners think community association managers have superpowers. They are all-knowing, have x-ray vision, and are able to resolve all matters with a simple decree. But when you’re actually in the trenches of your job, you know superpowers aren’t exactly part of the package. Read the article………………….
6 Ways to Manage Parking for Visiting Holiday Relatives
Having family over for the holidays is an essential part of the holiday season. Of course, it’s also one of the biggest challenges. For anyone going visiting, there’s the necessity of travel. And for every holiday host, you’ve got more than a few logistics to juggle yourself. Preparing the guest room, shopping for groceries and, […]
Helpful Tips for Successful Condominium Association Annual Meetings, Elections (FL)
This is the time of year when many Florida condominium associations conduct their annual meeting and election of directors. Here are some helpful reminders about the process to ensure that your community’s meeting and election avoid potential glitches and remain in compliance with Florida law. Board membership should be viewed as being akin to a […]
How to Prepare for Your Annual HOA Board Meeting
Now is a good time to set a date for your annual HOA board meeting if you haven’t already done so. Annual meetings are a common best practice to keep members informed and get them involved. You may be thinking that it’s going to be a waste of time because the majority of members don’t […]
Help! We have a tenant in our association who is not following the association’s rules. What are our legal remedies? (AZ)
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost […]
Those First Baby Steps for New Condo Boards (NY)
Running the building – that’s a task most people don’t consider while shopping for a new condo apartment. When newly constructed condominiums first open, the property’s sponsor is usually in charge of everything from the financials to operations to repairs. And when unit-owners finally do form a board and take over, the transition can be […]
The Importance of an Annual Audit
An audit is the highest level of review of an association’s financial books and records and is typically required to be performed annually by an association’s declaration. Here are three reasons why annual audits are important for your association. Read the article…………………..
Part V: Community Rule Development & Enforcement- Resolutions
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the topic of Resolutions. There are four basic types of resolutions for a community association: Read the article…………………
Decorating with Flair… While Keeping it Fair (FL)
Decorating is one of the most fun aspects of the holidays. It’s the time of the year when your lawn goes from the same everyday style to a winter wonderland. If you’re in a community with an HOA or are looking to keep everyone in your neighborhood happy, this one’s for you. Read the article……………….
Simple Holiday Decoration Guidelines in an HOA
Homeowners typically love to show their holiday spirit; so limiting holiday decorations is not a viable option for any board. Instead, focus on how to encourage your community to celebrate the holiday season in a tasteful and reasonable way. For most, the holiday season is a time of cheer and goodwill; however, concerns about discrimination […]
Condo Boards Can Help the Community and Themselves by Adopting Technology
No one wants to be on a condo board. From running board meetings, keeping track of board members’ responsibilities, to keeping track of violations, being on a condo association board can mean a lot of work added onto someone’s already busy day. But, someone has to do it. And for those people that step up […]
Wrestling Over What’s Makes a Rule “Reasonable” (NY)
What does it mean when a co-op’s proprietary lease or a condo’s bylaws state that “consent shall not be unreasonably withheld”? Is the Business Judgment Rule standard used? If not, what is the standard? These are the issues addressed by the court in the case of Perrault vs. Village Dunes Apt. Corp. Read the article………………….
Condominium Association Conflict Of Interest And Required Disclosure (FL)
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of a conflict of interest. Read the article………………..
3 Options if You Need to Make a Big Repair NOW in Your Association
As a general practice, what does an HOA board do if there’s a problem in the association that exists right now, but not enough money in the reserves to fix it? Is issuing a special assessment the way to go, or can the board use other funds in the reserves? In other words, the problem […]
Hanging the stockings with care: Developing a holiday decoration policy that doesn’t turn into a lump of coal
With their celebrations, gifts, and good wishes, the holidays are a time to be thankful and festive. Often that means decorating your home, office, and even car. But in some community associations, a resident’s seemingly innocent act of holiday cheer can be interpreted as a malicious disregard for association rules. Read the article………………….
How to Find Your CC&Rs
CC&Rs, or the covenants, conditions, and restrictions, are rules that homeowners living in a certain area are required to abide by. They are also sometimes referred to as the association’s governing documents. The CC&Rs often contain building restrictions and space limitations, decorative limitations, prohibitions on non-residential uses of property, pet restrictions, fence limitations, and yard […]
Short-Term Rentals: New Municipal Regulations & HOAs/Condos (NC)
The convenience and cost of Airbnb, VRBO, Homeaway and other platforms have made short-term rentals (sometimes called “STRs” or “STVRs” for “short-term vacation rentals”) a booming business. Airbnb said earlier this year that it has over 640,000 hosts and 4 million listings! That said, short-term rentals can bring concerns. For one, too many rentals may […]
Maintaining Security in Your Association: Best Practices for Better Results
Whether it be a detached single-family house, or one unit among hundreds in a high-rise condominium, a home should be a safe haven: a place where you can seek refuge from the elements and all the other risks and cautions of the world. Given how precious that sense of security is, and how vital it […]
4 Benefits of Well-Funded Reserves
Managing an association’s finances and creating budgets that allow a community to preserve market values are key responsibilities for the board of directors. It’s essential that a board budgets for the future repair or replacement of major components in a community reserve fund. An up-to-date reserve fund is critical to the financial management of a […]