Amending? Be Careful What You Wish For

When amending condominium documents, one of the primary criteria is that the amendment must be reasonable in relation to the operation of the association and the condominium. That, of course, applies to any provision in the Bylaws.    Read the article………………………..

Valleyfield ethics? (NC)

We don’t know why there’s a particular problem with parking and neighborly civility in one subdivision in Graham.  But the fact that two of five city council members reside in that particular subdivision looks suspiciously like one significant contributing factor to why the city has become obsessed with addressing the problem – if, indeed, there […]

Unresolved conflicts in condo living and condo law (OpEd – HI)

A Civil Beat story by Stewart Yerton again calls attention to unhappy condominium owners who appear to blame rising monthly maintenance fees on arbitrary decisions by their elected condominium boards (“Condo Owners Want More Power To Fight Their Homeowners Boards“). The comments display the range of opinions, from the condo equivalent of anti-tax activists to […]

New group will advocate for neighborhoods (RI)

We read the letter in The Westerly Sun by Donald Lockard with sadness and empathy (“Setting Sun residents at a loss over parking vote,” Dec. 20). Mr. Lockard described that his neighborhood’s request for no parking along Setting Sun Drive was not successful despite having a petition signed by 35 of 54 of his neighbors. […]

We must protect condo board members and their families (ON)

As a long-time resident of a highrise condo community, I was shocked and appalled to learn of this horrible tragedy. I cannot imagine what type of issue would push the gunman to target five board members who devoted their time and energy to help manage a safe and pleasant community for everyone to enjoy  Read the […]

HOA Help for Homeowners? (CO)

In Colorado, as in most other states, the road to dispute resolution between a homeowner and their HOA involves lawyers, courts and costly proceedings. Too often in Colorado, dispute resoluiton means most homeowners forego enforcing their rights as it is their limited resources against the unlimited financial and legal resources of the HOA. HOAs are […]

SCHOA in Sun City working toward ordinance change: Editorial (AZ)

This year Sun City Home Owners Association has dealt with two homeowners having underage children in their homes who went around us and our covenants, conditions and restrictions seeking a temporary occupancy permit through Maricopa County to allow them to remain in their homes.  Read the article………………………..

Senate Bill 4-D Glitches That Must Be Addressed

Despite the Florida legislature’s best efforts, there nevertheless remains confusion with the interpretation of Senate Bill 4-D (SB 4-D), which provides for condominium and cooperative milestone inspections and structural integrity reserve studies. The purpose of this article is to draw attention to many of these glitches in hopes that the 2023 Florida legislature will address […]

Reserve funding requirements are a growing priority for many South Florida condominiums | Opinion

The new Florida condominium legislation requiring buildings three stories and taller to fund reserves and pass engineering inspections will account for many significant increases in association expenses for the state’s aging condo buildings. Such communities will likely be forced to increase their association dues from their owners in order to pay for ongoing operating expenses […]

Contracting Around the Constitution?

The Goldwater Institute filed a brief in the Arizona Supreme Court last week urging the justices to review a case in which lower courts declared a law unconstitutional—and then said it could be enforced anyway. At issue was a contract in which the parties agreed to be bound by that law before it was declared […]

What the 2022 Election Means for Community Associations

When the 118th Congress convenes in January, the House of Representatives and the Senate will be controlled by narrow majorities. Media outlets project Republicans will win the House of Representatives, while control of the Senate is too close to call. Only one result is certain: Congress will be almost evenly divided between Democrats and Republicans.  Read […]

Increases in Florida community association budgets require careful deliberation, communication | Opinion

The budgetary strains that Florida community associations are now beginning to experience have been daunting, and boards of directors and property managers are finding it particularly difficult to reconcile required increases with many community home and condominium owners. Significant increases in insurance and staffing costs, combined with the coming reserves and inspection requirements for many […]

CAI Adopts New Public Policy on the Regulation of Political and Noncommercial Signs and Flags

Election season is here across the U.S., which often puts the subject of political sign regulations at the forefront of discussions between community association leaders and residents, legislators, and the media. This week, the CAI Board of Trustees adopted the Political and Noncommercial Signs and Flags Public Policy to help CAI’s state legislative action committees […]

Homeowners association rules are as spooky as the grim reaper: Study

Some homeowners love the services and neighborhood order that homeowner’s associations (HOAs) are legendarily known for. But others see those restrictions as a nightmare.  As Halloween approaches and homeowners start to get into the spooky spirit, some HOA regulations may seriously cramp their ghoulish decorating style, leaving them to believe an HOA’s restrictions may not […]

Condo operators: 2A wrong solution (CO)

On the November ballot, measure 2A asks Aspen voters to decide on a new “STR tax.” As condominium operators, we write to you today to share why 2A is the wrong solution for a valid problem.   Read the article………………………..

Study: Homeowners Think HOAs Aren’t Worth the Stress

Homeowners associations (HOAs) can provide neighborhood amenities and may perform basic exterior maintenance tasks. That said, you’ve probably heard some horror stories about them: unexplained fines, towed cars, or spats between neighbors.  To find out what people in the United States really think about HOAs, we surveyed just over 1,000 homeowners. More than half (59%) […]

Australia: The tumbling tumbleweeds of NSW Strata Law Reform

When I started to write this newsletter in early 2020, there was much excitement about major reforms of NSW strata laws. But, almost 2 years since the reform process was announced, I’m still watching the strata tumbleweeds roll by without anything useful really happening. Why am I surprised?     Read the article………………………..

Let’s Go to the Numbers (FL)

Afew weeks ago on the Condo Craze and HOAs radio show, I was sent a chart by a listener that showed that just under 50% of condominiums were funding a reserve account in full each month. As I was broadcasting this information, I felt that it sounded a little high. It turned out that I […]

Broyles: I’m concerned about the volunteerism crisis in HOAs (AZ)

When I first came to Arizona back in 1974 and moved into a new HOA, I volunteered to be a part of the HOA board because of my background in civil engineering in the U.S. Air Force — thought I can help and make a difference.  I was voted in shortly thereafter to a board […]

Increased Insurance Costs: What Are We Doing About It? (CA)

Over the past year plus we have been doing our best to get the word out about the current and imminent increased costs of insurance and WHY this is happening now. While we will continue to educate folks about what’s going on (with your help), now folks really want to know what we are doing […]

Important Message

On August 22nd, a horrific shooting in Atlanta, GA took the life of a community manager and injured the building engineer at 1280 West Condominium. Mulcahy Law Firm, P.C. offers its most sincere condolences to the colleagues and family of community manager, Michael Shinners, and we wish the building’s engineer a full recovery.     Read […]

Is your Sun City HOA in a volunteer crisis? (AZ)

As a director of the Condo Owner’s Association of Sun City, I hear over and over from condo associations we counsel (of which there are more than 380 associations in Sun City), “We cannot get volunteers to be on our board?”  Read the article………………………..

STATUS: INDUSTRY EFFORTS TO FIGHT THE PROPERTY INSURANCE CRISIS (CA)

Perspective: With historic property losses to California’s homeowners came an equally historic exodus of its property insurers – leading to 5x to 10x increases in the cost of property insurance – if same could be obtained at all. Members of Community Associations Institute (“CAI”) California Legislative Action Committee (“CLAC”) have been petitioning the California Department […]

We can handle our own community issues (NM)

Oh, New Mexican! When will you stop needling the residents of Eldorado on our community issues? Your editorial (“Eldorado: Where chickens, cisterns stir controversy,” Our View, Aug. 2) omitted facts and misrepresented others.   Read the article………………………..

Residents need to get better at living with gators (SC)

From now on, those officers will relocate an alligator from someone’s home only if that home is part of a homeowners association with a communal pond, lake or other suitable gator habitat. If the home isn’t part of an association or the neighborhood has no suitable habitat, then the officers will monitor the animal and […]

Federal condo-safety financing proposal can prevent more tragedies like the Surfside collapse | Opinion

For many South Florida condominium communities, there seems to be a perfect storm brewing that could devastate their finances and force many owners out of their residences. Insurance rates are going up dramatically, and new state and local mandates for increased engineering inspections, structural repairs and reserve funding are also expected to force associations to […]

HOA fee shenanigans sour homebuying experience (UT)

There never seems to be a lack of material to discuss when it comes to HOAs (homeowner’s associations). Oh, how I wish we didn’t have to go there again, but alas, we do. Allow me to provide some context. This morning, I received a call from the buyer’s agent on a listing of mine that […]

Memo to Denton County HOA: Being poor is not a crime

Homeowners associations have a reputation for exerting ham-fisted control over what a homeowner can and cannot do with their property. But now an HOA in Denton County has gone too far and, in the process, is running roughshod over rent-paying residents who receive Section 8 rent assistance and the landlords who lease to them.   Read […]

Friendlier HOA attitude needed for solar, wind

The recent dustup between a homeowner in the Madison suburb of Waunakee and her homeowner’s association (HOA) should serve as a reminder to HOAs across the state that they should be taking a more friendly attitude toward solar and wind installations.   Read the entire article……………………………….

1137 is Finally Final – Asking for a Veto (CO)

After a contentious session, House Bill 1137 is finally in its final form and on its way to the Governor. This bill is going to create havoc should it go into effect on August 10.  Read the entire article……………………………….

Veto HB22-1137 Before It’s Too Late (CO)

Collection of delinquent assessments and enforcement of governing document violations are two of the most difficult actions tasked to an association. If HB22-1137 becomes law, they are about to become infinitely more difficult and certainly costlier in both time and expense. As of this posting, the bill has not yet made it to Governor Polis’s […]

United SaddleBrooke Responds (AZ)

Recently the two SaddleBrooke HOA Boards issued a joint statement, distributed to the entire SaddleBrooke community, which made two major points:    Read the entire article……………………………….

West Ranch Communities, Can You Hear Me? (CA)

The thing about the internet is that you can find just about anything to support the craziest positions on any topic. That is what we are witnessing in Stevenson Ranch regarding the much-needed proposed cellphone antenna.   Read the entire article……………………………….

HOA Reserve Funds: an ever present flaw with HOAs (HB 22-1387) (CO)

Homeowners Association (HOA) Reserve funds are created, accumulated and used for future HOA maintenance and replacement costs for community assets. Part of each monthly assessment (aka monthly HOA dues) should be used by the HOA to fund reserves.  Read the entire article……………………………….

HOAs around country crack down on signs, flags

If you live in a community with a homeowners association, you might have strong feelings about it.  So does Thomas DiSario of Ohio. He flies an American flag and a thin blue line flag to honor his late son, Eric.  Read the entire article……………………………….

Mexican Food And The HOA Meeting, Part Two

In the day since we posted the article about a woman spending 10 minutes during an HOA Meeting complaining that Mexican food is being served in the community’s private restaurant, we’ve been accused of several things.  Read the entire article……………………………….

Florida must address aging condos

Florida lawmakers wasted a golden opportunity during the recent legislative session to respond to last year’s deadly condominium collapse in Surfside. And the impacts are already being felt, as insurers unwilling to write policies on aging condominiums continue to leave the market.   Read the entire article……………………………….

Nevada bill could cause financial crisis for HOAs

Are you ready for a major financial crisis for your homeowners association? Well, Senate Bill 144 will make the Great Recession and the COVID-19 pandemic look like child’s play. Sen. Pat Spearman has proposed SB144, which would profoundly affect community associations.   Read the entire article……………………………….

CAIR-Kansas Calls for Removal of Racist Covenants from Property Deeds

The Kansas chapter of the Council on American-Islamic Relations (CAIR-KS) has called upon Kansas Democratic Governor Laura Kelly to issue an executive order for the removal of the vestigial racist covenants contained in property records across the state. The unenforceable covenants contain insulting, degrading and discriminatory language from a bygone era that are hurtful to […]

April 2022 State Legislative Update

Nineteen of the 46 states in session in 2022 have adjourned for the calendar year. Over the past four months, CAI’s 36 state legislative action committees (LACs) and more than 600 volunteer committee members worked tirelessly to advocate on behalf of the community association housing model.  Read the entire article……………………………….