On August 10, 2022, House Bill 22-1137 (“HB 1137”) went into effect. The new law at that time made significant changes to how HOAs in Colorado are permitted to handle enforcement and collection matters. Now that we have lived with and worked under this law for a year, we have discovered issues with the law […]
Premiums are up, but at what cost?
As we were closing the August 2023 issue of NU Property & Casualty magazine, local news reports in my town highlighted several stories about dramatically higher homeowners and condo insurance premiums. Read the article………………………..
Tasks and duties of homeowners
I live in Cameron’s Landing, a riverfront community subdivision in Hopewell, Virginia that is not yet 15 years in the making. It is regulated by a Homeowners’ Association (HOA). The Association makes sure the residents keep their lawns maintained, including trimming decorative shrubbery and power washing any particular side of their home that may appear […]
1137 One year later – financial and other impacts additional thoughts (CO)
The passage of HB22-1137 had a number of intended and achieved consequences including eliminating industry “insider” purchase of HOA foreclosures, opening up small claims court for some disputes, and others. Most importantly, it did prevent hundreds of what could only be called predatory foreclosures. Read the article………………………..
Why Homeowners Need To Prepare For The Costs Of Climate Change
Climate change is not a distant threat, but a present danger that is already wreaking havoc on our lives and homes. From devastating floods to scorching heat waves to raging wildfires, homeowners need to prepare for the consequences of our warming planet. Read the article………………………..
Condos aren’t unique in limiting powers of individual board members (HI)
Civil Beat’s continuing coverage of condominium governance issues is important, but I’m afraid the latest story gives far too much credence to a conspiratorial view of property management companies and condo boards (“Oahu Condo Board Members Feel ‘Muzzled’ By Management Companies“). Read the article………………………..
The Insurance Crisis is at a Dangerous Point (FL)
While condo owners are now dealing with mandatory inspections, mandatory repairs and mandatory reserve accounts, both condo and HOA owners are facing the joint monumental problem of staggering increases in property insurance and the lack of choice among insurance companies. Our sponsor Greg Waltz sent me an article recently that is simply mind blowing and […]
Remembering Surfside: A Reset is in Order
his post revisits an article originally published in the Washington Post by Professor Evan McKenzie on July 2, 2021. Professor McKenzie is the author of two books on common-interest developments (CIDs), and one of the country’s most vocal critics of privatized residential developments. Read the article………………………..
Right-to-charge laws bring the promise of EVs to apartments, condos and rentals
More than 3.6 million electric cars are driving around the U.S., but if you live in an apartment, finding an available charger isn’t always easy. Grocery stores and shopping centers might have a few, but charging takes time and the spaces may be taken or inconvenient. Read the article………………………..
The impending catastrophe: Florida property owners compelled to reduce insurance coverage
Florida’s property insurance crisis is worsening despite recent legislative efforts. The cost of property insurance with windstorm coverage has significantly increased, and coverage amounts have been reduced. As a result, many property owners are choosing to forgo windstorm coverage, which puts their financial well-being at risk, especially with the 2023 hurricane season now upon us. […]
What condo owners, developers can learn from the Surfside collapse
Saturday marked the two-year anniversary of the terrible tragedy of the collapse of the Champlain Towers South condominium building that killed 98 people in Surfside, Florida. A variety of experts have weighed in on what caused the disaster, attributing it to beach erosion undermining structural support columns, questionable concrete design mixes during original construction, corrosion […]
Watch out for the builder’s lobby!
Every now and then, I run across an article like this: Why Are So Few Condos Built in the Twin Cities? It will talk about the problem of very few condominiums being built in a city or state. It will raise some issues that they believe may be the cause, but you will always find among […]
Evolution of CAI Policy Recommending Legislative Mandates for Reserve Studies and Funding and Building Inspections
Taking a bold new stance following the tragic partial collapse of Champlain Tower South in Surfside, Fla., in late June 2021, CAI now recommends statutorily mandating reserve studies and funding for all community associations. The recommendation also provides details to help communities prepare for and a timeframe to practically transition to these new requirements to […]
Real Estate Counselor: Condo owners concerned by rising association budgets make for ideal committee members | Opinion (FL)
Many condominium associations in South Florida and across the state have already begun planning and implementing changes for the new milestone inspections and reserves requirements that lie in store as a result of last year’s condo-safety reforms. Budgetary and assessments increases are becoming necessary for most communities, and naturally this is triggering questions from impacted […]
Empowering NC citizens: The urgent need for HOA reform and oversight
North Carolina is renowned for its vibrant communities and strong civic engagement. Homeowners’ associations (HOAs) have played a pivotal role in shaping and maintaining these neighborhoods, ensuring harmony, and preserving property values. Read the article………………………..
Condo Owners: IL Condominium Property Act Needs Updating
Some Illinois real estate corporations are getting large paydays by charging homeowners assessments for “common expenses,” and the owners allege they are taking advantage of the Illinois Condominium Property Act. Read the article………………………..
HOAs are not a ‘sneakily common force in daily life;’ They help homeowners
I find it disappointing that reporting and talk shows have taken the low ground on various topics over the past decade, but more recently by John Oliver in his segment on homeowners associations. Speaking from experience, purchasing my first home in a condominium afforded me the opportunity to live the American dream of owning a […]
This guy asked AI to write a ‘Shakespearean’ response to his nitpicking neighbours and it’s fabulous
There’s a lot of fear and anxiety over the use and implications of AI, and rightly so, but every now and again a ray of light breaks through the gloom and this is surely one of them. It’s ‘twin dad and proud American’ @EZebroni who received a particularly nitpicking response from their neighbours about weeds […]
Real Estate Counselor: Prevalence of unpaid HOA dues shows need for uniform collections policies | Opinion
The collection of maintenance assessments from community owners is among the most fundamental aspects of community association operations. The viability of the community association model relies on owners paying their share of the costs incurred by associations to operate and maintain their community and preserve their property values. Read the article………………………..
Flag flareup offers a reminder about the power of HOAs (SC)
Some of the most intrusive, micro-managing local governments aren’t actually local governments at all but rather private associations many people join, with varying degrees of awareness, when they buy a new home. Read the article………………………..
Condocide: Death of a Building Type (FL)
I open my iPhone one morning and read “Partial Building Collapse Near Miami.” Immediately, there’s a pit in my stomach. Sometime after midnight, sporadic tremors vibrating through a 12-story structure groaned, popped, then coalesced into a massive implosion. Half a residential block fell in seconds. The scene resembles a missile strike: Read the article………………………..
HOAs prevent the proliferation of home solar
She was asking because her Home Owners Association (HOA) only allows solar on the rear side of houses, which for hers is the north side. As I dug into this issue, I was surprised to learn about the restrictions that HOAs have on solar. More so: restricting solar, which increases property value, seemed contradictory to […]
Impose meaningful sanctions on Treasure Coast developers who refuse to follow the rules (FL)
I’m speaking in particular of a case in which D.R. Horton, a company that bills itself as “America’s homebuilder,” has apparently created drainage problems for neighboring properties through its preliminary work on a subdivision alternately known as Kanner Lake or Willow Pointe. Read the article………………………..
Condominium Housing Leaders Urge Fannie Mae, Freddie Mac to Modify New Lending Requirements
Updated lending questionnaires introduced last year by Fannie Mae and Freddie Mac have resulted in restricted access to mortgages and created condominium building “blacklists,” impacting thousands of affordable housing units in the U.S., Read the article………………………..
Is The Deck Stacked Against Hawaii Condo Owners?
The Hawaii Department of Commerce and Consumer Affairs billed its “Condorama,” held in late April, as an educational program for the public. “Brought to you by the DCCA Real Estate Commission to empower owners about your rights,” a flyer mailed to residents said. But critics say a basic aspect of Condorama runs counter to the […]
The New Laws: Developers Are Protected Yet Again (FL)
When a community gets turned over from developer control to unit owner control, the unit owners typically hire experts to determine whether or not the developer has breached their warranty by turning over the property with construction defects. This year, on April 13, Gov. Ron DeSantis signed Senate Bill No. 360 into law wherein the […]
Your Voice: HOA home closing reform without legislation (CO)
Those who follow HOA issues and horror stories and mostly failed efforts to reform HOA governance are stuck in a world of frustration. It seems that legislation is proposed and passed somewhat easily for small, special interests groups but when it comes to helping the 55% of our population living in the more than 800,000 […]
Proposed NC Law Changing Declaration Amendments Would Harm Associations and Owners
As described in my recent NC Community Association Legislative Update, an HOA/condo bill moving through the NC General Assembly is Senate Bill 553/House Bill 551 “Landlord/Tenant and HOA Changes.” Read the article………………………..
Bill to Restrict HOA/Condo Collections Would Harm Associations & Homeowners (NC)
As described in my recent NC Community Association Legislative Update, one bill moving through the NC General Assembly is HB 542 “Protect Homeowners’ Rights.” In addition to placing further requirements on associations as to the collection of past due assessments, the proposal would prohibit the filing of a lien against an owner who fails to […]
Were Condos a Bad Idea?
Condominiums are a nice idea, but their execution has been less than perfect. Long before the fatal Berkeley, California balcony failure in 2015 or the 2021 Champlain Towers South collapse that killed 98 people in Surfside, Florida, we suspected that all was not right with the basic condo concept. Years ago, there were already signs […]
Guest column: Safe buildings start with developers, contractors. Gov. DeSantis must veto SB 360 (FL)
How did the Florida Legislature this session pass SB 360, a bill which extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform? Certainly, our legislators must understand that thousands of Floridians are currently struggling to pay massive special assessments to fund mandated maintenance and repair projects? Read the article………………………..
Florida condo owners get more clarity on safety inspections | Editorial
How can Florida make condominiums safer without pricing these residents out of their homes? That’s at the heart of legislation this year that eases some of the reforms state lawmakers adopted after the deadly 2021 collapse of Champlain Towers South in Surfside. Read the article………………………..
The high cost of ignoring Florida’s insurance crisis
The real emergency here is the inexplicable lack of attention to this issue by our elected state officials. While there seems to be no problem acting swiftly and decisively to pass partisan bills on parental rights, permitless gun carry, school vouchers and abortion, they’ve taken a laissez faire attitude about the collapse of the insurance […]
AB 1101 Puts Condos at Risk (CA)
The California legislature is considering AB 1101 that would amend Civil Code §5551 and Health and Safety Code §17973 which require inspections of “exterior elevated elements” on condominiums and apartments for safety. These include balconies, elevated walkways, and staircases made of wood or wood-based products. The point is to detect or intercept rot that would […]
HBO’s John Oliver slams North Texas HOA for policy he calls racist
The Denton County homeowners association passed a rule last year barring residents who used government assistance for rent. Read the article………………………..
DeSantis Must Veto SB 360 – Proposed Law Contradicts New Safety Standards and Places Financial Burden on Homeowners (FL)
Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects. […]
Suburban greed at Florida’s largest homeowners’ association should spur HOA changes | Opinion
After years of “mafia” allegations, fee hikes of 300%-400% and, eventually, the arrests of board members for allegedly stealing $2 million, the largest homeowners’ association in Florida did what seemed impossible just a few months ago: It held a clean election. Read the article………………………..
Opinion: It’s hard for homeowners to go solar in Michigan. (And it’s not the weather.)
Michigan lawmakers recently introduced bipartisan legislation to authorize community solar in the state. “We need policymakers to unleash [solar’s] potential by passing legislation allowing more local, cost-effective community solar projects to get off the ground,” Read the article………………………..
Does the county treat all of roads fairly? (FL)
The Clearview Estates of Citrus Hills POA Homeowners Association (HOA) has a concern of fairness: does the BOCC, Citrus County Public Works and the Sheriff’s Office treat traffic concerns (speeding) equally? The HOA has an ongoing issue of speeding throughout the development. Read the article………………………..
It’s time HOAs had some oversight (NC)
Dissatisfaction with HOAs can cover a wide range of topics: from micromanaging the appearance of a member’s property, to increasing fees, to foreclosing homes, to failure to enforce rules, to disagreement on how to manage common areas. Read the article………………………..
Property owners concerned about SB 197
We are property owners within the city of Hot Springs and are concerned about Senate Bill 197, which would completely deregulate the short-term rental (Airbnb, VRBO, etc.) industry in the state of Arkansas. It will nullify all ordinances passed anywhere in Arkansas. Read the article………………………..
6 Community Association Management Trends to Watch in 2023
Wondering what 2023 holds for the community association management industry? We were, too. That’s why Buildium asked 240 community association managers and board members about the challenges and opportunities they foresee for the industry this year. (Site comment: these are the same as in the ’70’s. Looks like nothing has changed) Read the article………………………..
Rock Springs Ridge Board: At your special meeting, be a keystone to the community you serve (FL)
To the Rock Springs Ridge Homeowners Association Board: Hello, board members. I’m writing this open letter to you in order to clear the air. Things have been rocky between us, but I want to make a few things clear. I’m glad you called a special meeting to deal with the letter you received from the […]
Homeowners need more legal resources to combat corrupt HOA boards | Opinion
For many homeowners, living in a homeowner association (HOA) provides a sense of community and protection of property values. But in some cases, homeowners find themselves at the mercy of corrupt boards of directors who misuse homeowner funds and engage in unethical behavior. Read the article………………………..
Subdivision wants Lynyrd Skynyrd marker removed from Hell House lot (FL)
I got some disturbing news last Saturday when the wife of Hell House property owner got a threatening letter from a lawyer who said he represented the residents of Edgewater Landing in Green Cove Springs. Bob Kealing and I installed a marker on the lot at Peter’s Creek at the same spot where Lynyrd Skynyrd […]
Shauna Thomas: The misunderstood HOA (MT)
The tragedy of the commons is an economics problem where every individual has an incentive to consume a resource, but at the expense of every other individual – with no way to exclude anyone from consuming. For example, consider when property owners within a neighborhood open a business, such as vacation rental. While the absent […]
Does the Florida Legislature Want You to Remain Dumb?
For those of you who are intelligent and decided to come to a Board Certification class in the last few months and learn all about the new safety and reserve laws, I applaud you. It was my honor meeting you and teaching you all over the state. Read the article………………………..
The HOAs of Life
In 2015, I bought a house in Santa Fe after I could no longer afford to rent. Amid all the closing paperwork, I didn’t read the barely discernible covenants I’d signed. I was so green about homeownership that it didn’t cross my mind that I couldn’t do specific things unless I undertook them illegally. Read […]
Is America’s worst homeowners’ association in Miami? It’s starting to look that way | Opinion
The allegations of gangster-style wrongdoing at one of Florida’s largest homeowners’ associations, the Hammocks Community Association in Miami’s West Kendall suburbs, already were the stuff of suburban nightmares. Read the article………………………..