Operating a home-based business has become a reality for many Americans. Appealing factors including little to no startup capital requirements, flexible work schedules, and reduced commuting has given rise to the “side hustle” or freelance economy. Read the article………………..
Condominium Owner? How to spot problems with your HOA
Statistics show that most Condo owners do not attend Board of Directors (BOD) meetings and avoid involvement with HOA issues. As a result, Condo owners rely on the BOD to be their fiduciary agents, operate the Home Owners Association (HOA) prudently, establish a budget, manage reserves, maintain the Condo’s structure in a safe condition, maintain […]
HOA Rules Rule
According to the Community Associations Institute, some 50 million Americans live in homeowner association communities. HOAs are quasi-government entities that are responsible for maintaining services and shared amenities plus collecting the mandatory fees to pay for them. They also have the power to enforce architectural standards and rules, much as a government would. These rules […]
How To Ensure A Successful Condominium Annual Meeting And Board Election (FL)
As the calendar turns to fall and we approach the end of the year, it is time again for board members and managers to make sure they are prepared for their annual meetings, including board elections. While running an effective election is critical for every association, it shouldn’t be a stressful or dreaded event. By […]
What is Cumulative Voting in an HOA Election?
When it comes to elections in a homeowners’ association (HOA), it’s important to understand the different types of elections that can or cannot be allowed, the pros and cons of each election type, and whether it might be right for your community. One type of election that is held in a homeowners’ association is called […]
Myths of Document Amendments – Do You Have It Straight? (CO)
Although a large number of communities suffer from “our governing documents suck syndrome” many boards still refuse to move forward with amending or rewriting their communities’ governing documents. The refusal is most often based on fear, but fear of what? Fear of the process? Fear of the unknown? Fear of owners? It has been our […]
Why Reserves? If We Have a Surplus, What Then?
Q: I am the attorney for several community associations, and there are two questions I am always asked. Why should we budget for reserves? How much reserves do we need? Is there any legal requirement as to the amount of reserves we should keep? Where can we invest these reserves? If the association is successful […]
How to Properly Winterize Your Community Association. A Primer for Condo, Townhome and HOA Association Board Members (IL)
Chicago winters are unpredictable, and you just never know what is in store for us. Sometimes, the winter is unseasonably mild with little snow fall and temperatures often in the 50’s. Those winters feel like a cross between Spring and Fall. Whereas during other winters, old man winter slams us with harsh subzero temperatures and […]
HOA insurance mistake #3: Forgetting the optional coverages (CA)
We all forget things. But forgetting certain ingredients in your homeowners association (HOA) insurance recipe can be a disaster. These optional coverages can look boring. They aren’t exciting like chocolate. They’re more like salt and yeast that you can’t see. But if you forget them, your insurance recipe can turn out like a disaster. […]
5 Essential HOA Terms New Board Members Need to Know
Whether you’re a new member of your community association’s board of directors or you’ve served for years, being familiar with basic HOA terminology is essential to the success of your role. Knowing these key HOA terms will help you get up to speed or serve as the refresher you need to improve as a leader […]
HOA Plantscaping Done Right
For many homeowner associations, landscaping is a major maintenance and expense item. This is especially true of older HOAs that were built when land was cheaper. That broad expanse of grass may be nice to look at, but it rarely gets much use and costs a bundle to maintain. If your HOA’s landscaping is looking […]
Effective Committees: Delegating Makes Light Work (NY)
While a board and management take on the lion’s share of responsibility for maintaining a building or community association, it certainly helps to have some extra hands on deck to keep track of smaller details. While by no means mandatory, the forming of standing committees to oversee certain constant aspects of association business (landscaping or […]
Business Judgment Rule – Shielding The Corporate Director From Personal Liability And Considerations Of Efficient And Financially Reasonable Resolutions (FL)
The business judgment rule shields corporate directors from personal liability. However, directors must not breach the fiduciary duties owed to the corporation. Under Florida law, corporate directors owe fiduciary duties to the corporation and its shareholders, which requires good faith, due care, and loyalty. The directors’ fiduciary duties are codified in Florida Statutes, section 607.0830(1): […]
Golf Cart Liability Issues for HOAs Exposed by Accident Involving Teens in Florida Community (FL)
The recent news about an accident inside G.L. Homes’ Seven Bridges community in Delray Beach involving four children on a golf cart highlights the potential legal liabilities for Florida associations concerning kids driving golf carts. Read the article………………….
The Party’s Over- Now What? Maintaining Perspective & Balance in the Wake of a Terminated Business Relationship
Whether you are an employee of a management company, an onsite manager of a community association, or a professional service provider, odds are at some time in your career you will be involved in a business relationship that for one reason or another reaches the end of its useful life. You shake hands, wish each […]
Emotional Support Animals and the FHA: What Community Associations Should Know
In a previous post, we discussed Dexter the (almost) flying emotional support peacock. In this post, we turn our attention to Maybelline the emotional support pig in the great state of Florida. Maybelline is at the center of a dispute between her owner and her owner’s HOA. The owner claims that she suffers from certain […]
Kass: The “Ps” of Community Living (Rules Enforcement)
Q. We live in a nice community, but every so often someone breaks one of our rules. Sometimes the infraction is minor — such as washing their car on the public street. Other times, the violation is more serious, such as yelling, arguing and even threatening people. The violators may be unit owners or tenants. […]
Honest About HOAs (survey)
Homeowners associations (or HOAs) are supposed to exist to make our lives easier. Don’t want to mow your lawn or deal with noisy neighbors? Typically for a monthly fee, HOAs provide property maintenance and a code of rules meant to provide a uniform look and feel to a community. Sometimes, though, these codes can cause […]
Condominium Owner? How to spot problems with your HOA
Statistics show that most Condo owners do not attend Board of Directors (BOD) meetings and avoid involvement with HOA issues. As a result, Condo owners rely on the BOD to be their fiduciary agents, operate the Home Owners Association (HOA) prudently, establish a budget, manage reserves, maintain the Condo’s structure in a safe condition, maintain […]
How to Offer a Positive Customer Service Experience in Your HOA
Community association board members and managers might not immediately think of customer service as one of their priorities, but they should. Customer Service is typically associated with the retail industry, but it’s an integral function of any organization. The need for excellent services is just as vital to an association’s success as it is to […]
Service Animals: FFHA, ADA, and Your HOA
Federal laws can be sticky when it comes to HOA fair housing. Although the Federal Fair Housing Act was significantly revamped in 1998, there are still a surprising number of board members and managers who don’t have a full understanding of how the FFHA applies to them. One area of particular concern in any HOA […]
5 Ways to Cope With Changes in Homeowners Association Requirements
HOAs vary, of course, but in many cases they exert a large amount of control over what kind of changes can be made to an individual home in the community. As a result, homeowners may find themselves required to make certain changes to the exterior or even interior of their homes. Unfortunately, many of those […]
Ask the HOA Expert: Blessed Are the Peacemakers
Homeowner associations can be hotbeds of discontent, turmoil and conflict at times. Out in the big world, combatants can often successfully just avoid each other rather than deal with the problems. But within the HOA, avoidance is much more difficult and being in conflict with a neighbor can make living there very stressful. Unresolved conflicts […]
5 Essential Dos and Don’ts of Great Board Members
Many board members take great pride in never raising assessments. This is a great practice if there is an ability to reduce certain costs – say insurance premiums. But if it is a result of using less reputable vendors or other risky practices, doing so is likely to catch up with the association in the […]
HOAs, BOTs, CC&Rs, and more: Defining community association terms
Today, 70 million Americans live in 344,500 common-interest communities. Even if you haven’t lived in a condo, co-op, or HOA, chances are you’ve at least heard of these communities. Admittedly, those who live in, volunteer in, and work for common-interest communities tend to throw around terms like “ARC,” “CC&Rs,” “D&O” or “CMCA” that make things […]
What You Need to Know About Fire Alarm Maintenance (CA)
As a board member, your homeowners trust you to keep the community safe and well-maintained. Fire alarm systems are one of the main requirements to keep homes safe and having them inspected, tested and serviced is crucial. Read on to learn everything you need to know about short and long-term fire alarm maintenance. Read the article………………
HOA Rule vs. Policy: What you Need to Know
Rules and policies are an important part of an association’s governing documents. An association’s governing documents prescribe what the association is, how it runs, what its goals are, and the restrictions home owners agree to abide by while living within the common interest development (CID). As with any hierarchy, there is an order of authority […]
Can Your HOA Regulate Your Holiday Decor?
Fall and winter holidays are perfect for creating an elaborate outdoor scene – whether you’re planning to recreate “Frankenstein” in your front yard, light up the walkways for Diwali or feature Santa Claus and his reindeer on your roof. Regardless of which holiday you prefer to go all out for, the potential to spread extra […]
5 Possible Solutions to Short Term Rental Problems in an HOA
Short term rentals have become a hot-button issue in HOA communities. More and more homeowners are choosing to rent their homes through sites such as Airbnb or VRBO as a convenient, low-cost way to earn additional income; however, the popularity of short-term rentals is raising concerns in associations and even opening them up to liabilities. Read […]
Risks Worth Considering for Self-Managing the HOA
On the surface, managing the homeowners association may seem simple and straightforward. Many HOA boards think they have it all together and can easily manage the HOA on their own. After all, can’t their community be self-managed? Is it required to hire an HOA management company? The answer isn’t that simple and there are factors […]
Which Rule Rules?
A dustup at the Village Dunes co-op in Montauk highlights the differing standards that may govern the enforceability of decisions made by co-op boards. This dispute began when a shareholder sought the consent of the co-op board to make alterations to his apartment, including raising the ceiling of the apartment, enclosing an unfinished common area […]
Architectural Control Committees Serve a Need
Q. We live in a homeowner association and I have just been appointed to the architectural control committee. Some of the homeowners do not want such a committee, and many owners just ignore the process when they make exterior changes. Our declaration of covenants requires advance approval before any such changes or additions can be […]
Are there delinquencies your board of directors does not want to address?
If you have an “elephant” in the board room of your condo or HOA, it’s most likely that the elephant is delinquencies by other owners in the association. Let’s be honest; sometimes it’s just easier to let your neighbors get away with not paying their fair share, than it is to bring these issues to […]
Minimizing Bear Incidents In Residential Subdivisions (FL)
Residential developments in Florida increasingly encroach into black bear habitat. While not typically aggressive, bears can cause problems, including property damage and personal injury. There are ways that a developer, homebuilder or manager of a homeowners’ association (HOA) can minimize bear incidents in communities. If a bear attack occurs in your subdivision, you could face […]
HOA insurance mistake #2: Thinking small (CA)
Small Homeowners Association (HOA) insurance coverage can be cheaper. But that can cost high assessments later. The easiest mistake to make when reviewing your HOA insurance policy is to think too small. After all, many of the condo and homeowners associations in Napa, Calistoga, St. Helena, Yountville, American Canyon and Sonoma are small. And small […]
Regulation of Noisy Vehicles within the Community (CA)
Asked – We have several vehicles that are “extremely loud” due to their exhaust systems. Even with all windows and doors closed and these vehicles 1/2 way across the complex, there is NO PROBLEM hearing them when they start them. They even set off car alarms near them. Can we ask them to address the […]
3 HOA Insurance Terms You Need to Know
With all the carriers, agents and policy options and terminology, HOA insurance can be a confusing subject for many people. Knowing these HOA insurance terms will help you better understand some aspects of the insurance process your association goes through to protect your community’s assets. Read the article………………
Transparency vs. Privacy: A Balancing Act for Boards (NY)
Last week we revealed ways co-op and condo boards can conduct their monthly meetings in a way that will satisfy residents’ rising demands for transparency – while protecting sensitive personal information. Today we look at three other areas where boards must balance demands for transparency against the right to privacy. Read the article………………
5 Traits of a Problem Board Member
HOA board members are usually fulfilling their positions on a volunteer basis, which means they’re using some of their free time outside of work and family obligations to better their communities. Because of that, it’s important that board meetings are both efficient and productive to be considerate of everyone’s time. Read the article………………
14 Things Your Reserve Analysts Might Not Tell You – And It’s Not Their Fault (Part 3)
Two weeks ago,, we shared five focus points to help you analyze property components. Last week, we offered another five, which were practical considerations to discuss with your reserve analysts in order to estimate project expenses as accurately as possible. To recap, we’ve covered: Read the article………………
Budget Season (MD)
This is a busy time of year for Board Members and Property Managers, as many are working n their budgets for next year. We have a few tips to guide you through this process. Maryland Clients – Please do not forget to comply with the laws regarding the adoption of your budget. As such, your […]
Preparing for a Productive Annual Meeting
The mantra “Always be prepared” is especially critical in environments that could quickly devolve into chaos. Have your homeowners association’s annual meetings become a forum where the most critical homeowners regale your neighbors with an endless list of complaints? Annual meetings serve a specific purpose—primarily to receive financial reports and elect board members—but are often […]
A 58-story luxury condo skyscraper in San Francisco is tilting and sinking — here’s everything that’s gone wrong in the last decade
San Francisco’s Millennium Tower has been shrouded in controversy for years — but its fate has never looked bleaker than it does today. Since its opening in 2009, the 58-story skyscraper has sunk 17 inches and tilted another 14 inches to the northwest, causing many residents to speculate about issues with the building’s foundation that […]
Lax Oversight Leads to a Facade Fiasco (NY)
That’s what the co-op board at 60 West Broad Street in Mt. Vernon learned when it tried to fix the building’s leaky facade. They’d long been aware of their water-infiltration problems, so in 2008, they forked over $758,000 for an overhaul of the front of their six-story building, says board member Maria Duarte. They hired […]
Political Signs and Free Speech (OH)
With election season upon us, the topic of political signs is bound to come up at your association. This time of year, political signs start popping up in the yards on individual lots and on common and limited common elements as well as in owner’s windows. Many homeowner and condominium associations have deed restrictions on […]
Boost Property Values with HOA Money Management
Research has confirmed it: smart HOA money management is important to property values. For example, recent study on the “Impact of Reserve Fund Strength on Home Values” was particularly revealing. It found that among comparable condo associations in demographically similar neighborhoods, the sale price of units in communities with a strong reserve fund averaged 12.6% […]
Rule Development and Enforcement for Community Associations– Part II
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the board’s authority to make and enforce rules, define rules and guidelines, as well as their scope. Read the article………………