Has HUD gone too far? The rights of criminals to live in your community

Anyone who believes that big government does not already intrude too far into the lives of the citizenry of the United States of America will be even more disgusted with the April 4, 2016 advisory opinion of the U.S. Department of Housing and Urban Development (HUD), where HUD most clearly provides felons more rights than […]

Blackhawk HOA’s heavy-handedness leads to bigger conversation, expert says

The residents of Blackhawk, the upscale East Bay gated enclave, recently received unsettling news from their HOA: Tidy up your landscaping by June 1 or face “aggressive enforcement” that could result in sanctions ranging from a fine to disabling transponders that open gates to your neighborhood.    Read the article………..

One View: In defense of HOA rules

On Feb. 14, the Reno Gazette-Journal published a column by Katie Coombs entitled “HOAs vs. ‘kid noise.’” On the surface, it provided a heartfelt rationale why the author felt that homeowners association rules were hindering kids from being outside in the neighborhoods. The explicit example was the HOA rule restricting basketball hoops.   Read the article………….

Be wary of HOA restrictions on major interior repairs

There is a serious problem associated with this arrangement. These HOAs are governed by bylaws and generally speaking these bylaws limit maintenance and repair to the outside of the building. The homeowner is responsible for the inside.  How is that a problem, you may ask?  Termites, yes, drywood termites!    Read the letter………….

Construction defects Durango (CO) considers ordinance to discourage lawsuits, protect builders

Colorado has on its books a jumble of laws that address shoddy construction of multi-family residential units and what redress owners have available to correct the problem. The conversation, ongoing since 2007 and escalating since 2010, is a complex interplay between individual owners of units in a larger development with shared property, builders, insurance companies, […]

Beware the Ides of March for Adoption of CD Ordinances! (CO)

On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to promote affordable housing. Loveland adopted […]

Florida Must Improve Policing of Condo Fraud

An investigative report in el Nuevo Herald chronicled the growing problem of election fraud at South Florida condominium associations. Based on the episodes of possible fraud uncovered by the reporters and the growing number of complaints by local condo associations, it has become apparent that it’s time to put teeth into Florida’s laws and enforcement […]

Commentary: Reston Assn. Elections More Civilized than Presidential Election

I watch the debates of both parties’ presidential candidates and am fascinated, baffled and horrified. Fascination comes from never having seen anything like the Republican debates and a sense that Republicans are discussing another country or perhaps planet, while Dems are talking about the U.S. I’m baffled as to how anyone could listen to Trump […]

Most HOA boards are doing what they are supposed to do

I’m not sure what Mr. Houser expected out of this study, a complete handcuffing of all HOA boards or what. He stated that the study committee was made up of special interest of developers, Realtors, property manager companies and attorneys, but had limited representation of the homeowners’ interests.   Read the article………….

Aspen’s (CO) government housing projects are falling down

Since the government-set prices are so far below market value, there’s no doubt that the sellers will receive that price in full. Whether the houses are in tip-top shape or falling down, the selling prices will be the same so there’s no economic incentive to maintain them. Indeed, the homeowner association reserves established by the […]

Trash Pickup Changes Harmful to Homeowners in Associations (NC)

The City of Charlotte’s next fiscal year draft budget proposes to stop trash service for multifamily units. Such a move would be exceptionally unfair to owners of townhomes and condominium, who pay property taxes like other homeowners.    Read the article………….

A look Inside Trump’s global deals exposes trouble in many spots

But an examination of his operations abroad reveals that, while he has made many millions selling his name, he has chosen a number of inexperienced — even questionable — partners, sometimes infuriated buyers and associates and moved late into saturated markets, producing less income than advertised.     Read the article…………

HOAs vs. ‘kid noise’

As many of my readers know, my husband and I are raising a blended family (his, mine and ours). We have seven children ranging in age from 19 years old to 7 months old, and our home is lively and fun. When you have this many children, stability and structure are key, as well as […]

Did the State of Michigan inversely condemn the entire City of Flint?: Environmental justice meets the Takings Clause

A complaint filed in mid-January by plaintiffs in Michigan’s Court of Claims alleges a novel, and intriguing claim. Taken to its limits, the class action essentially alleges that the State of Michigan inversely condemned the entire City of Flint, or some large portion thereof, by knowingly transferring the city to a water source contaminated with […]

What Homeowner Associations Can Teach Governments About Spending

People in government should take field trips to well-run homeowner associations. To experience fiscal responsibility first hand. To see how elected leaders in some homeowner associations — HOAs — are actually spending public money prudently and efficiently.   Read the article…………..

Community Association Institute (CAI) Joins Forces with the Community Advocacy Network (CAN) in the Fight Against Specially Taxing Homeowners – Vote No HB 203/SB 722

ORLANDO, FLORIDA (PRWEB) JANUARY 24, 2016 “CAI’s Florida Legislative Alliance has been advocating for strong public policy in Florida’s communities for decades and this partnership is part of our grassroots advocacy efforts to educate legislators on the negative implications HB 203 and SB 722 would have on the 9 million residents living in Florida condominiums […]

Diamond Resorts Accused of Using Hard Sell to Push Timeshares

After crashing in the financial collapse, timeshare sales are rising again, and with them high-pressure sales practices such as those Ms. Gutierrez described. Perhaps acknowledging these problems, some in the industry have cautioned in recent months that regulators from the Consumer Financial Protection Bureau could increase their oversight. New rules would affect all operators, including […]

Do Children Have A Right To Play?

Friends of ours are being sued for allowing their children to play outside.  Yes, that’s a thing.  It all began with a play house. This play house.   Read the article………

Ask Eli: Impact of Condominium Rental Caps

Question: Will a rental cap in a condo building increase or decrease my property value?  Unless you live in a community that relies on a high percentage of FHA loans, a rental cap will decrease property value. However, some communities decide to introduce a cap in order to maintain a quality of life desired by […]

Buildings Get Billions, Workers Get Bilked (NY)

While building owners in New York City – including many co-ops and condos – get more than $1 billion in annual tax breaks under the 421-a program, hundreds of workers in those buildings are being illegally underpaid, according to a new investigation by ProPublica.   Read the article………….

Strata laws should take care of children who call apartments home (AU)

There is a community title estate in Sydney made up of multiple high-rise buildings that bans children under 13 playing on all common property without a resident adult over 21. The common property includes parks, basketball and tennis courts. Residents were anticipated to be singles and couples, but families now constitute the majority of the […]

Is the Trump Name Behind the Blizzard of Lawsuits in Brooklyn?

The Department of Justice announced on Dec. 23 that it has filed a lawsuit against Trump Village Section 4 co-op in Brooklyn, as well as its embattled former board president Igor Oberman, for violating the Fair Housing Act. The co-op, according to the suit, failed to accommodate four residents who require emotional support animals.   Read […]

No smoking: Local condo tower fought to clear the air

Though we have practiced law together our entire legal careers, my husband and I have rarely had the opportunity to work together on a legal issue that we have both felt so passionately about. Having lived at the Hampshire, a 14-story condominium at 1101 North Elm St. in Greensboro, for 16 years, we became personally […]

Do HOAs Hate Christmas?

Personally, I find the “HOA vs Christmas display” stories fascinating. There are few topics that get homeowners more fired up than a story about an HOA that forces someone to shut down their awesome Christmas display. Chances are high that you feel the same… unless of course you’ve ever seen the issue from the perspective […]

Coming Soon – Ham Radios in Your Community

Unless Congress decides to not oppose S. 1685, all communities (including condominiums, planned communities and co-ops) could be restricted from disallowing HAM radio towers. S. 1685 is proposed legislation that is scheduled for mark-up in the Senate Commerce Committee on Wednesday    Read the article………..

No hope yet for change in POA/HOA laws (SC)

For anyone who missed the S.C. legislative HOA law revision committee meeting broadcast online Oct. 27:  All I could see on the committee were the people who still control the POA/HOA system in SC: the management companies, developers, and HOA lawyers.   Read the article……….

Front Porch: War not a word to be used lightly

…..So, perhaps you can understand why reading about the “war on Christmas,” makes me a bit testy.    In particular, Hayden resident Jeremy Morris’ assertion that his homeowner’s associations objections to his Christmas extravaganza is “an attack on people of faith.”    Read the article………….

Easier FHA Condo Rules Would Improve Seniors’ Reverse Mortgage Access

There has been a lot of chatter in recent weeks on Capitol Hill from lawmakers and housing groups pressing the Federal Housing Administration (FHA) to ease its regulations on condominium financing. But while easier FHA condo rules would improve seniors’ access to FHA-insured Home Equity Conversion Mortgages (HECMs), reverse mortgage industry members are skeptical whether […]

Is Airbnb Winning Over San Francisco?

Watch out — more shots have been fired in the battle between boards and Airbnb.  According to BrickUnderground, San Francisco residents recently voted against a measure that would have changed the way Airbnb operates within the city.     Read the article…………..

Huckleberries: A ‘War on Christmas’? Not so fast

Unless you’ve been hiding under a rock, you’re aware of the plans by attorney Jeremy Morris to erect a ha-huge Christmas display in his new Hayden ’hood. And of the pushback coming from his homeowners association. The association is threatening to sue if he does, alleging he would be in violation of the association’s covenants. […]

HB 203 (FL) Threatens to Increase Costs for Community Associations

HB 203 is hitting the Florida House Civil Justice Subcommittee today and threatens to increase costs to community associations. We want to urge you to contact your state legislators to oppose this bill and vote “No” on HB 203. As community association lawyers we protect the rights of community associations, and we’d hate to see […]

In Arbitration, a ‘Privatization of the Justice System’

Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence that the practice had a pattern of denying women partnerships.   Read the article…………..

Mayor Murphy’s Boondoggle Backfires

It was just over a year ago that Mayor Murphy led the charge for Metro Mayors by pushing through an ordinance that destroys the right of homeowners living in Lakewood to adequately pursue remedies for construction defects to their homes.  Read the article……………

Munster (IN) condo owners getting socked by town

Since Jan. 1, condo owners have been charged 112 percent higher sewer flow charge rates than their residential neighbors. A Munster Coalition of Condominium Associations for Equitable Sewer Rates has been appearing at Town Council meetings requesting an update on what can be done to reverse the decision   Read the article………….

OPINION: Kudos to those in our community who make a difference (AZ)

As a local homeowner I would like to publicly thank the Ahwatukee Board of Management Homeowners Association board, staff and volunteers for their continuous, voluntary contributions to our community. The following activities occurred during June and July:   Read the article………….

Once again – the ad buyers get the editorial (MN)

(Op/Ed) Thousands of Minnesota empty-nesters would love to downsize into condos or townhouses, but can’t. Thousands of young apartment-­dwellers would love to build equity in condos or townhouses in neighborhoods they love, but can’t.     Read the article………….

A Sukkot in an HOA

Why build a sukkah when there’s no time, it’s too hot, and you might get a threatening summons from the Homeowners’ Association? read more: Read the article……………

Debate rages on in Mt. Vista Homeowners Association (WA)

A total of 430 homeowners comprise the Mt. Vista Homeowners Association (HOA). We are situated right next door to the WSU campus. It is a beautiful neighborhood and many are beyond determined to keep it that way.  In Mt. Vista, it has been eight years of questionable control and financial issues with the former Board […]

Top Challenges Posed By HOAs And How Servicers Can Tackle Them

With one out of every five properties tied to a homeowners association (HOA), it is critical that mortgage servicers prepare for the obstacles that HOAs can present. What follows are the three top challenges HOAs can create for servicers and solutions for countering them.   Read the article………..

Tampa Bay Times Editorial: Fix law on condo conversions

The Florida Legislature should revisit a new law that was supposed to help condo owners in distress but has unfairly excluded people who desperately need help. A rash of condo conversions to apartments in which homeowners were forced to sell their property for less than the original purchase price prompted the Legislature to act last […]