However, for employees of a condo or homeowner’s association—property managers, maintenance staff, and doormen—your home is their work. Your home is the place they have to clock in to, and because you entrust these individuals with your safety and with the upkeep of the quality of your home, it is vital to make sure they […]
Show Me the Money: Collections, Foreclosures, Evictions
The first of the month rolls around and it’s time to pay the monthly dues that keep the building operational. Repairs might need to be made, maintenance done, bills paid to keep all the common elements running and those dues make it all happen. Sometimes though—not often, but sometimes—someone will be unable to pay. Read […]
Financial Record-Keeping: Following the Money
Whether your community is a condo, HOA, or co-op, proper record-keeping is the difference between a healthy property and one headed toward peril. And while meeting minutes and election results require well-organized documentation, records such as bills, invoices, bank statements, receipts and taxes informs a community’s long-term financial health—and how these financial records are stored […]
Spotting Financial Irregularities: Red Flags Every Board Member Should Know About
While it’s pretty much impossible for a condo board, HOA or an employee thereof to commit fraud on the scale of a Bernie Madoff or any one of the greed-driven shysters who have made headlines in recent years, building boards and managers certainly aren’t above scrutiny when it comes to shady business practices. Read the […]
Legislative Roundup: Impacting Condos, Co-ops, and HOAs
The legislative season is upon us, and in many states, bills specifically dealing with condos, co-ops and HOAs are wending their way through the legislative process. Even when bills aren’t aimed directly at those forms of home ownership, many general housing-related bills impact the condo/co-op/HOA community. Some issues impact communities on a nationwide scale; some […]
Handling Litigation: When Lawsuits Strike Close to Home
No one likes a lawsuit. Whether filing one or finding yourself on the receiving end of one, they can cause stress, anxiety and an upending of daily life. They can be expensive, take months—even years—to resolve, and often result in hurt feelings and ruined relationships. For condo and HOA board members and residents, the situations […]
Choosing an Attorney for Your Association: Narrowing the Field When Looking for Legal Representation
Not every condominium or homeowners’ association is going to run afoul of the law—the happy truth is that litigation and legal trouble are relatively rare occurrences. But even the most upstanding board of trustees in New England must navigate a labyrinth of community association rules in order to best serve its ownership, and the odds […]
Managing Municipal Reimbursements: Who Pays What, and When?
…..imagine sorting out the obligations, reimbursements and guidelines of municipalities versus homeowners associations when it comes to things like road and street maintenance, garbage and snow removal, and other civil necessities. Some states mandate how cities, towns and villages must handle the division of expenses between municipality and private HOAs…others like Massachusetts don’t. It’s an […]
HUD Restrictions on Criminal Background Checks May Affect Condominium Sex Offender Bans
The Department of Housing and Urban Development (HUD) has issued guidance restricting the use of criminal background checks to screen prospective residents. The guidance warns property owners that a blanket policy rejecting residents solely because they have a criminal record may violate the Fair Housing Act, because it could have a discriminatory impact on minorities. […]
The Rise of Airbnb: What Condo Associations Need To Know About Short Term Rentals
Instances of home-sharing have skyrocketed recently due to the rise of websites such as Airbnb.com. For a small fee, these websites connect homeowners with people who want to find a place to stay for one night at a time. Homeowners rent their entire home or even a single bedroom therein, for a profit. But conflicts […]
Managing Tough Situations: When Neighbors Are Struggling
Condos and co-ops are called communities for a reason—families and individuals live side by side with one another, sometimes for years or even decades. Although residents may not exchange much more than a “hello” or “nice day” with their neighbors, there is still a human connection. So when a neighbor displays unusual or changed behavior, […]
Maintaining Balconies and Terraces: Safety Comes First
Before embarking on a real estate hunt, most prospective buyers craft lists. The “must have” list (square footage, operational plumbing, windows), the “would love list” (lots of natural light, Jacuzzi bathtub, doorman) and then the “probably just a dream” list (heated bathroom floors, private elevator, silent neighbors). Somewhere on these lists fall balconies and terraces. […]
Are You Covered? Insurance for Condos Goes Beyond the Basics
The experts who advise condo associations on insurance matters admit that the basic policies are pretty standardized and often seem to be all the same. Trustees may tend to gloss over the details and assume that anything important relative to condo communities is already built in to their coverage—and much of the important stuff probably […]
In The Black: Explaining Common Condo and Co-op Budget Terminology
Taking care of a condo, co-op or HOA’s budget and finances is a big job. Handling such large sums of money is an important responsibility, and not every unit owner or shareholder has the expertise to do the job well. Sure, most people know that the amount of money going out shouldn’t exceed the amount […]
Proper Record-Keeping: Keeping a Paper Trail
Like any company, a multifamily residential community generates a lot of paperwork in the course of doing business, from employment records to tenant records and more. It can be an enormous amount of stuff to manage, and knowing what to keep—as well as what can be tossed —isn’t always obvious. In operating a multifamily community, […]
The New Architectural Renderings: Marrying Technology and Smart Design
In the past, when it came time to do a remodeling project, no one really ever had much of an idea as to how things would turn out. Architects and designers would come by with blueprints or swatches of color and fabric and ask you to just imagine how it would look when finally complete. […]
Designing Common Areas: What Works Best?
In the past, developers would throw a few chairs and tables into a large room and call it a common area or a recreation room and leave it at that. Today, however, there’s more to designing, maintaining and upgrading a successful common area than just sweeping the floor and making sure the Nespresso machine is […]
Incorporating Safety into Play Time: Recreational Playgrounds in Co-ops, Condos and HOAs
One universal truth on which we all can agree is that kids like to play. They love little more than getting together and having a bang-up good time. And in almost any cooperative, condominium or homeowners’ association, there is likely to be a gaggle of youths who need to burn off some energy. A board […]
Alteration Issues: Private Projects Need Board Approval
It’s no secret that residents in condos or co-ops can be a fickle bunch, and many times decide to undertake a repair or remodeling project themselves, without going through the proper channels. Read the article………….
Is Hardscaping Right for Your Community? Non-Organic Landscaping
When most people think of landscaping, they think of shrubs, trees, meticulously laid-out and maintained flowerbeds, and artful plantings scattered around a building or development. However, landscaping doesn’t need to end with the things that grow. Read the article…………
Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts
When a dispute starts to arise between and a unit owner and a board of condominium trustees, the unit owner may ask to review the financial records of the condominium. The unit owner may suspect that the trustees are expending money wastefully or improperly. Read the article………
MA Supreme Judicial Court lets condo board establish multiple liens
When the defendant owners of a condominium unit withheld payment of their monthly common expenses because of a parking dispute, the plaintiff organization of unit owners could establish multiple contemporaneous priority liens — each superior to the first mortgage on the unit — by filing successive legal actions to collect the unpaid common expense assessments. […]
Land Use Restrictions in Massachusetts
You are a Massachusetts landowner, possibly a homeowner in a residential subdivision. When the developer planned your community, it may have for example, sought to impose a set of building restrictions or restrictive covenants, for the stated purpose of protecting the value, attractiveness and pleasant living quality of the lots within the subdivision. Read […]
Condominium Restrictions, By-Laws, and Rules and Regulations in Massachusetts
As part of a condominium board’s authority to manage and control the common areas of a condominium, the trustees often adopt by-laws and rules and regulations which govern how the unit owners can use the common areas and their units. Read the article………….
Can Condo Associations Bar Political Signs in Common Areas?
A tiny political sign triggered a giant-sized dispute in a Colorado condominium, when the association manager said the sign violated an association rule governing common area displays and told the residents to remove it. Read the article…………
Capital Improvements: Getting Financing and Board Approvals
Even if your condominium or homeowner’s association (HOA) is a fortified castle atop a hill and surrounded by a moat, one day, someone will hit it with a really big rock, and thus it’s inevitable: work will be done, repairs will be made, the sun will set. But some projects are of greater consequence than […]
Utility Hazards: Recognizing the Signs of Danger
There are certain perils—fires, major weather events, and so forth—that announce themselves clearly; others are more subtle, if no less hazardous. Things like gas leaks, electrical shorts and surges, and water leaks may not be as dramatic as a hurricane or a nor’easter, but the damage they can cause can be staggeringly expensive. Read the […]
Spring Cleaning Checklist: A Property Manager “Must-Do” List
Spring cleaning isn’t just for unit owners. As we move out of the winter months, now is a great time to make sure your property is “spic and span” for the rest of 2016. Read the article………….
Maintaining Roofs: Repairs, Replacement, and Responsibility
A building’s roof serves as the first line of defense against whatever the skies throw at its inhabitants—wind, rain and blazing sun, even snow and ice in some climates—so it’s crucial for that roof to be sound and well maintained. All it takes is one small crack or hole for the rainwater to get in […]
Upgrading Security: The Latest Technologies for Condos and HOAs
While it’s true that over the last two decades, New England has become a safer place to call home, that doesn’t mean that security concerns don’t still exist—especially for those in condos or HOAs. While security guards, electronic gates and doormen are a good start for providing residents with a welcome sense of security, thanks […]
Doing It Yourself: Does Self Management Really Work for Your Property?
Is it simply about the money? Condo associations that forgo the services of professional management are cutting what may seem like a major expense. But the belief that “we can do it ourselves” may work great for some time and for some properties but may not ultimately be a good value or work in all […]
Board Transparency: Let It All Out — Really?
In town and city government, elected officials and committee volunteers are duty-bound and legally required to maintain open meetings and treat every line item of taxpayer funds as public information. Condominium communities, and the way they’re operated, are often compared to municipal governments, but there’s nothing “public” about them, really. Read the article……….
Us Versus Us: What to Do About a Bad Board
Infighting: The thought of it in a condo community makes everyone cringe, from residents to board of trustee members to property managers. It also puts those involved in an awkward position. Although it isn’t a common occurrence, thankfully, conflict can happen even within associations that have been typically harmonious. Sometimes problems arise within the board […]
HUD’s Proposed Harassment Rule Would Be Painful for Condo Associations
The department of Housing and Urban Development (HUD) has offered that assurance for regulations the agency has proposed, clarifying the standards for assessing harassment claims under the Fair Housing Act. Read the article………
(MA) Arbitrators’ Award of Attorney’s Fees Thrown Out Because Parties’ Agreement Did Not Provide for It
The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Read the article………..
FHFA Attacks Condominium Limited Priority Lien
The condominium “superlien” is under attack. That doesn’t overstate at all the concerted efforts now under way to revoke a measure that has been working well in many states for more than two decades. Nor does it exaggerate the potential threat to the financial health and viability of condo associations all over the country. Read […]
Building Safety for Everyone: Emergency Preparation Includes Residents with Special Needs
New England is home to more than three million seniors age 60 and older, and about one in four suffers some type of physical impairment. When you factor in a climate prone to blizzards and heavy snow storms, a disaster plan is an obvious necessity for all HOAs, condos, and multifamily dwellings across the region. […]
Condo Inspections: Check Yourself
Condominium associations, whether housed in a single building or in a sprawling development, provide a reliably cozy and comfortable community in which to live. But this comfort requires vigilance on the part of both board and management to ensure that the various and sundry components up to code, which can feel daunting for those on […]
Denying Access: Consequences for Arrears and Non-Payment
The synopsis for the 2013 horror film The Purge is pretty extreme: in the future, society implements a 12-hour period called “the purge,” wherein any and all crime is legalized. Always wanted to vandalize your boss’s car? Thinking about shoplifting a Snickers bar? Now is the time to act on those—and other, far more nasty—antisocial […]
Security Technology: Keeping Buildings and Residents Safe
The most important aspect of managing a building is keeping it, its residents, and their property safe. In days past, ‘safety technology’ consisted mostly of well-lit exits, the installation of panic bars and glow-in-the-dark stripping on exit doors. Read the article………..
Maintaining a Healthy Building: How’s the Air in There?
It was January 1977 when the Centers for Disease Control (CDC) first identified and isolated a previously unknown strain of bacteria found breeding in the cooling tower of a hotel air conditioning system. The bacteria, subsequently named Legionella, caused an outbreak of what is known as Legionnaires Disease, and the world first became aware of […]
Upholding Your Fiduciary Duty: Transparency is the Best Path for Boards
Being on the board of a co-op or condo is a big responsibility— one that shouldn’t be taken lightly. While some people may run for a board seat just to have the title, they need to be prepared to govern fairly and make decisions that are in the best interest of the community as a […]
Best Boards Ever: Efficiency Breeds Success
Articles in this publication, seminars like those offered at the New England Condo Expo, and, of course, television news broadcasts, often focus on problems that face condo associations—legal issues, maintenance concerns, special assessment fees, and so on. As a result, it’s easy to overlook the victories that can emerge from trying times. Here’s a welcome […]
You Can’t Prevent Snow and Ice but You Can Manage the Liability Risks They Create
Condominium residents, not unreasonably, expect parking lots to be plowed and walkways to be cleared of snow and ice. Boards that fail to deliver those expected services face not only the ire of residents, but also potential liability if residents or visitors suffer ice- and snow-related injuries. Those liability risks for community associations are far […]
Energy-Saving Incentives: Taking Advantage, Saving Money
Trade-offs are a symptom of modern society, and we all find ourselves playing one zero-sum game or another. All the more reason to appreciate circumstances under which everyone wins, right? Enter the concept of energy incentives. Energy conservation benefits both the environment and, thanks to state and federal government incentives, your bank account. […]
Power-Up with Co-Generation: A Look at our Next Generation’s Technology
The process of producing energy for metropolitan New England-area co-ops and condos has dramatically evolved in recent years, advancing to the point in which one energy professional has quipped, “The old way of using a traditional energy-producing system is like using a chainsaw to cut butter.” Read the article………………
A Green New World: Encouraging Environmentally-Friendly Behavior in Your Community
These days, as the summers get hotter, the storms get bigger, and climate change is finding its way into more headlines than ever before, more attention is being paid to the environment and how the average citizen can do his or her part to support it. Read the article………
Insurance Decisions: How Much Coverage is Enough?
Earthquake insurance is very common in California, for obvious reasons—but what about in New England? Tremors may be rare here, but nonetheless, they do happen. And they can cause damage to condominiums and other structures. Read the article………..
Homesharing and Insurance: What Your Board Should Know
Long before Airbnb became a household word, attorney Frank Flynn was dealing with condominium owners who thought that turning their units into a bed and breakfast was a great idea. “It’s a terrible idea. You get all these people coming and going, wandering into the building,” says the managing partner of the Boston-based Flynn Law […]
Filing Insurance Claims: Choosing Wisely Can Save Money
Boards and associations, just like individuals, carry insurance coverage to protect them from liability, loss and other financial and legal problems, although the issues may be a little different than the typical auto or single-family homeowners’ insurance. But deciding when, and if, to file a claim versus paying out of pocket can be conundrum. Read […]