Talk to anyone familiar with common-interest community governance anywhere in the country, and they will tell you the same thing: apathy is rampant among residents of co-ops, condos, and HOAs. Not only is it difficult to get owners and shareholders to run for their boards of directors, but it’s a struggle to even get them […]
Boards & Boundaries: How ‘Available’ Should You Be?
In multifamily residential communities, where neighbors share common space, amenities, and maintenance—if not actual walls—establishing and maintaining boundaries can be a bit tricky. Read the article…………………………….
Emergency Preparedness in the Era of Climate Change: Preparing for the Unpredictable
The acceleration of global warming and the accompanying climate crisis is affecting shared-interest residential communities all over the United States and around the world. This past September was the wettest ever recorded in the eastern United States, with nine times the normal rainfall. Scientists warn that excessive rain and wind, extreme heat and cold, as […]
Powering E-Devices Safely: There Are Fires … And There Are E-Device Fires
All over the news, from coast to coast, reports of fires and explosions caused by lithium-ion batteries describe blazes that are out of control, difficult to extinguish, and excessively smokey. Tragically, many have resulted in fatalities and serious injuries, and certainly all have caused extensive damage to properties and the environment. Read the article………………………..
Holding Elections: Every Board’s Duty
Shared residential communities such as condos, co-ops, and HOAs are modern examples of classic Athenian democracy: citizens governing themselves through active participation in governance. The key to that governance is the regularity of elections to the community’s leadership—which in this case is the board of directors. Read the article………………………………
Maintaining Your Elevators: Regular Care Can Help Avoid Huge Replacement Costs
The elevator is one of those inventions—along with running hot and cold water and indoor plumbing—that have been around for so long we take it for granted. But elevators obviously weren’t always a part of the architectural landscape. Without them we’d still be living in a world of six-story buildings (maybe seven for the strong-legged), […]
Effective Committees: Maximizing Use of Community Volunteers
In a typical condo, co-op, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, […]
Amending Your Governing Documents – Why, When, & How to Make Changes
In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary […]
Litigation in Your Community – Lawsuits Can Have Long-Term Impacts
When seeking a place to call home, potential co-op and condo buyers are seeking a place of peace and quiet. No one wants to live in the midst of a tempest. And peace and quiet can be both literal and figurative, of course. The constant din of discord and disagreement caused by endless litigation, for […]
Resources for Multifamily Boards Where Communities Go to Stay in the Know
The Community Associations Network (www.communityassociations.net) is an online resource that aggregates news and information related to co-ops, condos, and HOAs. There, boards and service professionals can access the latest on legislation, events, and issues pertaining to association living and governance throughout the U.S. and Canada. Read the article………………………..
Website Accessibility: The ADA and FHA
In recent years, and trending more frequently as of late, we have heard about businesses, big and small, receiving demand letters related to their website accessibility, alleging ADA noncompliance, and threatening to file suit and seek damages on behalf of the people with disabilities they represent. Here we will cover what web accessibility means and […]
When It’s Time for an Audit – Covering the Basics for Multifamily Boards
When the average American taxpayer (or tax-dodger, one supposes) hears the word “audit,” they’re likely struck with a feeling somewhere between annoyance and terror—usually because being audited means that something has been found amiss in their filing. For businesses that rely on the accuracy and timeliness of their financial records, however, including condominium and homeowners […]
Updating Bylaws & House Rules: Keeping Pace With Tech & Culture
The governing documents of a condominium, cooperative, or homeowners association spell out the rules, regulations, and administrative policies that all residents and board members alike are obligated to follow as a condition of their residence. Read the article………………………..
Insurance Premiums Skyrocket – 90% of Multifamily Communities Report Paying More – What’s to Blame?
Inflation has hit the insurance building insurance industry in a big way. And according to a recent survey conducted by the Foundation for Community Association Research (FCAR), skyrocketing premiums are putting serious financial pressure on condo and homeowners associations nationwide. Read the article………………………..
What’s Trending in Multifamily Amenities
The appeal of multifamily living is not just in the hands-off maintenance and shared general expenses that come with living in a condo, co-op, or HOA. It’s also in the sense of community and the on-site offerings that can be shared among neighbors. Amenities and social programming in co-ops, condos, and HOAs can distinguish one […]
Window Maintenance & Replacement: Caring for a Crucial Building System
When it comes to the list of most important systems to maintain—and potentially the most expensive to replace—in a multifamily building, windows are definitely near the top. The useful life of a given window depends on a number of factors, including its composition and design, as well as seasonal shifts and prevailing weather conditions. Deteriorated […]
Continuity & Transfer of Power: Getting New Boards & Board Members Up to Speed
Among the keys to successful governance of residential communities is continuity. The most basic of democratically elected units, condo, co-op, and HOA boards are the custodians of their community’s welfare, success, and continued operation. Over time, the experience and insight accrued by board members, directors, or trustees are the compass and rudder that steer and […]
Handling Sensitive Complaints in Co-ops & Condos: Sex, Smells, & Nuisances
Conflict comes hand-in-hand with living in close quarters—and condominium and cooperative living is a prime example. Most dust-ups between neighbors involve run-of-the-mill issues like noise or hallway clutter, and can be settled with a cordial conversation between the parties involved—or with a mild nudge from the manager or board. Read the article………………………..
The Board Management Relationship: A Functional Partnership
In the world of co-ops, condos, and HOAs, management plays a slightly different role than it does in the rest of the real estate world. For example, in many rental buildings, the landlord or property owner often acts as de facto manager as well; in others, the manager may be an employee or an associate […]
Holding Elections: Democracy at the Micro Level
In many ways co-op, condo, and HOA living represents the most basic form of representative democracy. Like the ancient Athenians, we gather periodically to elect a small group from among us to represent our joint interests and to oversee the finances and well-being of the community. Ah, now, if only it were that simple. Read […]
Better Board Involvement: Getting Residents on Board (Literally)
Even among otherwise conscientious, community-minded condo, HOA, and co-op residents, the idea of running for and serving on their board often ranks somewhere between taxes and dental work on their list of things to look forward to. It conjures thoughts of endless meetings…arguing about the minutiae of vendor bids…confrontations with neighbors unhappy with board decisions…gossipy […]
Financial, Physical, & Operational Health: How Does Your Association Measure Up?
In early 2020, our firm was hired to prepare a reserve study for an unremarkable 136-unit, 12-story condominium in south Florida. It was the kind of association you could drive right by without noticing, not much different from all the other high-rise buildings in this coastal neighborhood. Read the article………………………..
Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership
The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]
Workers’ Compensation Coverage & Insurance Costs: The Difference Between Volunteers & Employees
With inflation at historic highs, labor and supply shortages complicating even routine projects and maintenance, and budgets tight (and getting tighter), many condo and homeowner associations are looking for ways to control costs and still get needed work done on their properties. Read the article………………………..
Workers’ Compensation Coverage & Insurance Costs: The Difference Between Volunteers & Employees
With inflation at historic highs, labor and supply shortages complicating even routine projects and maintenance, and budgets tight (and getting tighter), many condo and homeowner associations are looking for ways to control costs and still get needed work done on their properties. Read the article……………………..
Managing Conflict: When Boards & Residents Take Sides
One of the unique aspects of life in an HOA, condo, or co-op is that in many ways, a building or association is a microcosm of the larger world outside it. It can suffer from the same factionalism and partisan bickering as any political entity, only on a much smaller, more intimate—and therefore potentially more […]
The Impact of Litigation in Condos, Co-ops, & HOAs: Do Lawsuits Damage a Community?
Americans are a particularly litigious lot, believing as many of us do that we are endowed with the inalienable right to life, liberty…and the pursuit of recompense for any slight or wrong done to us, real or perceived. This tendency is unfortunately common in the nation’s condos, co-ops, and HOAs, where the ideals of communal […]
Communications & Community – Clarity, Transparency, & Respect
The words communication and community share a common root. It comes as no surprise, then, that the success of communities depends on effective communication between board members, managers, and residents. In multifamily residential communities like co-ops and condominiums, effective communication is a crucial component in achieving optimal results and operations. Lines of communication between boards, […]
Q&A: Make Well-Grounded Decisions on Change (MA)
Q. An owner in our condominium has asked the board for permission to install an electric vehicle charging station in his garage unit. This would require some infrastructure changes to the electrical system for the association. What sort of issues should the board consider in making a decision? Read the entire article……………………………….
Maintaining Aging Buildings – Older Structures Have Special Concerns
Nothing lasts forever, even with good maintenance—including most building components. Exterior elements are perhaps most subject to wear and tear in any climate. Their construction and material type dictate their maintenance needs and repair schedules; masonry façades clearly have different needs than wood or clapboard fronts. But with a good care program and a bit […]
Building Inspections – Up & Down, Inside & Out
Car owners know that in order to operate their vehicle legally, they must have it professionally inspected every year. An older car might need some relatively minor repairs or adjustments to bring it into compliance with state emissions requirements, but for most, getting that mandatory approval sticker is a simple, inexpensive, predictable process that takes […]
Dealing With Disruptive Residents – Empathy & Education vs. Enforcement & Eviction
If you live in, work in, or provide services for a co-op, condo, or HOA, you know that however harmonious a building or association is in general, there is always that one person—or perhaps more than one—who throws a wrench in the works. It could be the guy who seems to take pleasure in disrespecting […]
Conflicts of Interest – Recognize Them Now to Avoid Problems Later
If you live in a condo or a co-op, you most likely have heard the term fiduciary duty, usually in reference to the responsibilities and obligations of board members and management. But what is a fiduciary duty? In essence, it’s a legal relationship between two parties that gives one party the right to act and […]
Maintaining Aging Buildings: Older Structures Have Special Concerns
Nothing lasts forever, even with good maintenance—including most building components. Exterior elements are perhaps most subject to wear and tear in any climate. Their construction and material type dictate their maintenance needs and repair schedules; masonry façades clearly have different needs than wood or clapboard fronts. But with a good care program and a bit […]
Management Contracts 101 – Negotiating Your Community’s Most Important Contract
There are elements of board service that can vex even the most committed, most intrepid volunteer—and negotiating a building’s management contract is probably at the top of that list. Vexing or not, however, the extent and quality of services available to your building community hinges on what’s in that contract; managers and management companies are […]
‘Pandemic Pets’ in Multifamily Communities
The coronavirus crisis has forced many unwelcome changes on households around the world—but it has also allowed or inspired some to make lifestyle choices that were impractical or otherwise out of reach before. One such choice has been to acquire a pet. With travel restricted, and working and schooling largely happening at home, households across […]
You Looking at Me? Video Doorbell Cameras Trigger Privacy Concerns and Potential Liability Risks (MA)
Video doorbells (VDs), hugely popular and increasingly ubiquitous, enable homeowners to see, record and communicate with visitors at their door, answer the door remotely when they are away, discourage thieves from stealing packages or video them if they do, and notice when the teen who’s supposed to be in at 10 doesn’t cross the threshold […]
Façade Inspections: A Critical Component of Your Maintenance Plan
In light of the tragic condo building collapse in Surfside, Florida, earlier this year, condo and co-op boards, as well as rental building landlords, are taking a hard look at their building system inspection policies. While all mandatory inspections exist for a reason and should be taken very seriously, among the most critical is façade […]
Trends in Multifamily Building Technology: Building Systems Better
The forward march of innovation is constantly changing the face of nearly every industry—including residential real estate. To keep co-ops, condominiums, and other multifamily communities functioning optimally, we need to keep abreast of the latest advancements in building systems. Here are a few of the latest trends. Read the entire article……………………………….
Insurance Basics: Is Your Association Adequately Covered?
While insuring your association against potential catastrophes can be a daunting proposition for a board made up of volunteers, it’s a crucial part of the job. Fortunately, there are delineated starting points, ample resources, and industry professionals to which a board can turn for guidance. Nobody likes dwelling on worst-case scenarios, but by allocating its […]
Transparency vs. Discretion: What to Say (Or Not to Say), and When
Members of condominium and co-op boards are often faced with conflicting interests and messages relating to matters of transparency and discretion. As a matter of good governance, transparency is always the preferred policy, whether you’re the president of your community board or the President of the United States. Read the entire article……………………………….
COVID-Related Legislation Impacts Boards & Managers
Even as businesses, schools, and even entire economies shut down at the start of the coronavirus pandemic last year, the task of running residential buildings and communities never ceased. In fact, it could even be argued that as people were more or less confined to their homes for weeks and months, the decisions made by […]
HUD Provides More Guidance on Emotional Support Animals but Little Help for Association Boards Dealing with Accommodation Requests
Condo association attorneys had long been anticipating new guidance from the Department of Housing and Urban Development (HUD) dealing with emotional support animals. That guidance was finally issued in January 2020, but it fell short of the stricter requirements practitioners had wanted. Read the entire article……………………………….
Laws vs. Bylaws – Understanding the Similarities & Differences
Co-op and condo living is subject to lots of rules—some of which come directly from state laws, some from the building or association’s own bylaws, and some from its house rules. Every state has statutes that govern the operation of residential communities; every community also has its own set of governing documents, which are almost […]
Community in Roque Bluffs left trapped by Wednesday’s storm (ME)
One of the hardest hit areas during Wednesday’s early morning storms was Roque Bluffs, just south of Machias. A homeowners association on Duck Cove Road had its gravel roads completely washed away. That has left no access for people to get in or out, including emergency vehicles. A plan is in place to evacuate by […]
Failing to Maintain and Properly Collect Assessments is a Breach of Fiduciary Duties
Plaintiffs were two owners (Maples and Brown) at Compass Harbor Village Condominium Association in Maine (the “Association”) who had purchased their respective units sometime in 2007. The Declarant was an LLC that held more than 50% of the votes (15 of the 24 units) and therefore controlled the board. For many years the Association common […]
Transition Gets a New Condominium Community Off to a Good Start ? Or Not
Life is full of transitions. In the life of a community association, the most important transition by far is the one that transfers control of the community ? and responsibility for it ? from the developer to the owners. A successful transition will set the community firmly on the path to self-governance and financial health. […]
Balancing Access to Sensitive Information
During the course of their tenure on an association’s governing board, board members will come into possession of a seemingly endless amount of information. While owners are entitled to access the association’s books and records regarding the general operation and management of the association, there are certain categories of sensitive information that board members should […]
Attorney-Client Privilege Is Valuable and Frighteningly Easy to Lose
Condominium board members are often encouraged to be open, honest, and transparent in their communications with the condominium community. However, because of their leadership position, board members often possess confidential information, the disclosure of which may have significant legal and financial implications for the community associations they represent. Confidential information protected by attorney-client privilege is […]