American Flags In Your HOA: Let the Stars and Stripes Fly Free

With the Fourth of July right around the corner, more and more homeowners will hang their American flag, and while you may be tempted to micromanage their flag flying freedoms, don’t. Instead, recognize that as Americans, their right to fly

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A Failure to Pay Assessments Will Negatively Affect Credit Scores and It Is About Time and Long Overdue

Until now, failing to make timely assessment payments could lead to additional charges for late payment fees, interest charges, collection fees, and may even result in the filing of a lien against your property and foreclosure of the recorded lien.

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Flat Chat: Short let laws will make strata life a new hell

While NSW pollies are still wrestling with what to do about online short-term letting agencies such as Airbnb, which are cool and groovy – until your apartment block turns into holiday hotel hell – Victoria is about to give them

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A Thankless Job That Doesn’t Even Pay

Is it time to start paying co-op and condo boards?  Wanted: Someone willing to work long hours, shoulder enormous financial responsibility, and listen to the complaints of angry neighbors. Special bonus: No pay or benefits.  Such a job listing would

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Sydney (Australia) storms: Beachfront homeowners deprived of adequate insurance cover

Coastal Residents Association secretary Pat Aiken lashed out at councils and the state government for preventing protective works such as sand-bagging and the building of sea walls, upping the risk of property destruction in wild weather.  Read the article………….    Read

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Judicial Follies: Companion fish

Some years ago, the California Supreme Court decided a case involving a woman who was forced to give up her two house cats to comply with rules adopted by her condominium association that prohibited pet ownership. Not all pet ownership,

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The Way the .01 Percent Lives Now (HI)

Check out this piece from Bloomberg Businessweek about the Hualalai resort community in Hawaii. It’s basically the best gentrification story ever; one in which a bunch of billionaires discover a high-end place run by millionaires and decide to they want

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Defending Community Associations

In response to Assembly Member Donald Wagner’s article last week dealing with homeowner community association bills, community associations seem to be under attack. The attack this time came in the form of AB 1720.    Read the article………….

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(CAI) Community Next: 2020 and Beyond

For more than 40 years, CAI has educated, advocated, published and informed people living and working in common-interest communities. Thanks to those ongoing efforts, we have a strong and valuable understanding of community associations today. But what do we know

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Mortgage Industry Scores Big Nevada Supreme Court Win in Continued Battle over HOA Super-Priority Liens

The mortgage lending community was dealt a serious blow in September 2014, when the Nevada Supreme Court held that an HOA’s foreclosure of its nominal super-priority lien could extinguish a first lien interest in SFR Investments Pool 1, LLC v.

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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

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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

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The Balcony Did It? Why Asia’s Falling Deaths Raise Eyebrows

Those cases and frequent other incidents reignited decades-running discussion about suspicious cases of people, mostly male foreigners, dying in balcony-related circumstances.     Read the article…………….. With so many Britons murdered in Thailand, why does our Government not warn of the

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Did the Caton Ridge HOA Board of Directors Cross a Line?

Politics and Homeowner Associations can seem to have a few things in common at times. Still, I expect those serving on the Board of Directors and the Property Management Company to be completely open and transparent, especially when it comes

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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

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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

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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

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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

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The Hindenburg & Assembly Bill 1720 (CA)

The Hindenburg was an airship built in 1936 by the Zeppelin Company. Somebody at the company thought it was a good idea to fill it with highly explosive hydrogen and put 97 people in a cabin strapped to its underside.

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Ask your legislators to co-sponsor the HOME Act!

On March 3rd, Representatives Eshoo (D-CA) and Representative Thompson (D-CA) introduced the Helping Our Middle-Income Earners (HOME) Act, H. R. 4696. This bill allows for an income tax deduction for homeowners association assessments and fees.  Read the article…………

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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,

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Inside the “Disney for Adults” That Could Help Deliver Florida to Donald Trump

The Villages appears to be one of the happiest places on Earth. So why are its residents all-in for the candidate of rage?  Read the article…………

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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

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Condo-monium over construction defect fable undone by real Colorado market statistics

There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is.

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Trump bullied condo buyers at his Chicago tower

Though Trump is pitching himself to voters as a dealmaker who wins, the 12-year drama of the Trump International Hotel & Tower offers a more complicated narrative. While it reinforces his preferred image as a bold risk-taker and consummate salesman,

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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,

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BC needs to change strata act to accommodate electric cars: VEVA

Getting condos on board with electric cars is the next big hurdle, according to a group representing drivers of those vehicles, which wants the province to change the strata act.    Read the article………….

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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

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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

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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

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Condo-monium over construction defect fable undone by real Colorado market statistics

There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is.

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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

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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

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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…………..

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Is Nevada’s HOA solution just another problem for mortgage servicers?

Between 2010 and 2014, loan servicers and Investors in Nevada had thousands of liens potentially wiped out by HOA foreclosures.  The reason being poorly written statutory language that, unbeknownst to just about everyone, including HOAs, loan originators and title companies.

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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

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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

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Florida Estoppel Bill Would Force Owners in Associations to Pay Fees for Failed Sales

…article shed light on the new estoppel bill that is being considered by the Florida Legislature and how it would lead to increased fees for most associations. His article reads:   Read the article………

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Articles We’d Like to See in 2016

I’m often asked how to increase visits to web sites and my main answer is always the same – new content – educational and informational articles about community associations.   Here are some of the articles I’d like to see

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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………

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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

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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

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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

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Don’t kill dream of home ownership with ‘home tax’ (FL)

HB 203, known as the Home Tax, would raise homeowner association fees across the state anywhere from 10 percent to 20 percent — and in some cases upwards of 30 percent.  The bill would force homeowners to pay costs for

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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,

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B.C. condo language tiff is best resolved the Canadian way: accommodation

It doesn’t take a genius to conclude that it is downright churlish on the part of a condo board in Richmond, B.C., to unilaterally decide that it will only hold meetings in Mandarin, in spite of the fact that 30

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Christmas flap gets Palm Beach Post coverage, but it’s wreathed in questions

“All politics is local,” goes a saying often attributed to “Tip O’Neill Jr. Much the same could be said of the so-called War on Christmas – as in West Palm Beach, where a condo association threatened a resident for hanging

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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

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Randy rants again, this time about HOAs and CCRs (AZ)

Recently I was taking a photo of a house for the front page of my report. A neighbor came hurrying over to tell me he was on the HOA and it was illegal to take photos from the street. An

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Veteran fighting eviction? Maybe not.

Like just about everyone, I’m all for helping veterans avoid homelessness.  That made me an easy sell when I heard about a condominium association that is trying to evict Linda Benford’s tenant. As you may know from other columns of

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