Last week I wrote about the lady who came to my door trying to get me to join her in trying to get recently installed basketball hoops removed in our neighborhood. Yesterday, after the National Night Out gathering in our neighborhood on Tuesday where at least 30 kids were playing basketball, those hoops were taken […]
Commentary: New Florida law governs condo association websites (FL)
In today’s digital world, the public’s view of an organization frequently comes with the click of a mouse, leading to a website. Thanks to a new bill governing the operations of condominium associations in Florida, these associations must abide by strict regulations regarding the characteristics of these online properties. Read the article……………….
Are we letting HOAs rule our lives?
In 2015, my family and I purchased a beautiful new home in Wilson Grove in Gambrills. While we thought we were buying our dream home in a dream community, our excitement quickly turned to dismay after our first encounter with our community’s homeowners’ association. Read the article……………
Are Legal Remedies of Owners and HOAs Equitable?
Supreme Court Justice Anthony Kennedy recently wrote in an opinion that, “Property rights are necessary to preserve freedom, for property ownership empowers persons to shape and to plan their own destiny in a world where governments are always eager to do so for them.” Murr v. Wisconsin, 198 L.Ed.2d 497, 509 (U.S. Jun. 23, 2017). […]
Are Legal Remedies of Owners and HOAs Equitable?
Supreme Court Justice Anthony Kennedy recently wrote in an opinion that, “Property rights are necessary to preserve freedom, for property ownership empowers persons to shape and to plan their own destiny in a world where governments are always eager to do so for them.” Murr v. Wisconsin, 198 L.Ed.2d 497, 509 (U.S. Jun. 23, 2017). […]
Real fake news: Wherein social media misappropriation hits home
It was six days after Sept. 11, 2001, and the nation was struggling to come to grips with the attacks on the Twin Towers in New York City, the Pentagon in Washington, D.C., and a plane that crashed in a Pennsylvania farm field whose target remains uncertain. The Journal Gazette staff was recording how local […]
Hams hope to get higher with new law
Ham radio operators are hoping to reach higher through new national legislation. This week, Sen. Roger Wicker, R-Miss., and Sen. Richard Blumenthal, D-Conn., introduced legislation called the Amateur Radio Parity Act, which would direct the Federal Communications Commission to provide regulatory parity — or uniformity of use — for amateur radio operators. Read the […]
Tavares should run from request to buy golf course (FL)
Residents at Baytree Villas want Tavares to buy an 18-hole golf course in their development that closed last week without explanation and run it as a “first-class facility.” Talk about really bad ideas. Municipal golf courses typically cost taxpayers a small fortune because of what analysts call “persistent unprofitability.” This is one offer the city […]
Good law goes after condo abuses (FL)
For years, too many condominium associations and their management companies have acted as if they were dictatorships. That soon will stop. By a vote in the Florida Legislature, many of the abuses in which these association managers engaged just became criminal offenses, thanks to a bill passed in the state Senate on Monday. The only […]
Don’t be creepy
Most of you likely know that I’m a social media proponent. It’s a great tool to connect with friends, family, peers, employees, clients and prospects. I’ve worked it into my day-to-day and proactively look to use it to connect and keep lines of communications open. Upon returning from vacation, I opened a letter from my […]
ANDY’S CONSUMER TIP OF THE DAY: Homeowners associations (TN)
I’m a firm believer in neighborhood homeowners associations. I’m a firm believer in covenants and restrictions. I don’t want to see someone’s Dodge Dart on cinder blocks in the 3-foot high grass of their front yard anymore than the next neighbor. But let me tell you, when your board or a single board member goes […]
Leadership is lacking in Colorado’s construction defects battle
The legislative deadlock over construction defect liability has revealed an ugly truth: our state government can’t solve pressing urban problems. Our governor and mayors look on from the sidelines, while two interest groups negotiate over the critical housing issue facing our cities. Political leadership is in short supply. Read the article…………….
Appeals Court Revives Fair Housing Act ‘Blog Post Harassment’ Lawsuit
A recent ruling by the Third Circuit Court of Appeals menaces free speech in condominiums, apartment buildings, and the Internet. It allowed individual bloggers to be sued because their blog posts allegedly created a “hostile housing environment” for condo residents who kept emotional-support dogs despite the condominium’s no-dogs rule. This “hostile environment” allegedly rendered those […]
Special Economic Zones – Quietly Advancing Freedom And Transforming Countries
Though not special economic zones in the modern sense, zones governed by special rules have existed almost as long as government itself. The astonishing growth in SEZs over time qualifies as a revolution of sorts, but not the usual, political kind. Instead of being imposed by domestic or foreign enemies, this revolution has come from […]
My Turn: Things are heating up in Serrano (CA)
Well, it’s that time again. We’ve got another Serrano Homeowners Association Board of Directors election looming and it’s again shaping up to be a battle for control, with homeowners vying with the developer for control of their HOA. But it’s coupled with a few extra wrinkles: A small claims court action and a major lawsuit […]
Quietly creating freedom: Private communities and special economic zones
For the last several centuries, nation-states have dominated the political landscape, and set all the rules for everyone inside them. But now two kinds of special jurisdictions — private communities and “Special Economic Zones” — are quietly taking over functions and providing options that traditional polities cannot or will not. This gentle revolution has already […]
Utah Op-ed: Let HOA residents join fully in the solar revolution
As the manager of a Utah business, it’s very important to me that we do our part to help protect the health of our community. That’s one of the big reasons we at Mark Miller Subaru chose to invest in rooftop solar. As our Legislature discusses legislative solutions to our state’s most pressing problems, I […]
As More Americans Work From Home, Co-op Boards Need to Adapt
Can a co-op board stop a shareholder from giving tuba lessons at home? More and more people are working for themselves, and more and more of them are working from home. Today, according to the Freelancers Union, more than one in three American workers – some 53 million people – are working for themselves full- […]
Construction Defects in Community Associations
CAI has a report out on proposed state laws to make it harder for HOAs and condo associations to sue developers for construction defects. They say that, “As of February 28, legislation has been introduced in Arizona, Colorado, Florida, Massachusetts, Maryland, Minnesota, New Jersey, Oregon, Texas, Utah and Washington.” Developers and contractors have political influence […]
Latest (and Greatest) Colorado Construction Defect Reform Bill—SB17-156
The lack of more affordable housing in Colorado has been well documented over the last several years, and there have been a number of attempts to address reform of the current laws by legislative action. More than 13 communities with 2.5 million residents have passed local ordinances to promote condo development to provide owner-occupied, multi-family […]
Promote fire safety, not substandard condo housing for the elderly
Ellyn Setnor Bogdanoff, a paid lobbyist of Florida condominium associations, in an op-ed on Feb. 14, advocated for a bill that “would allow older high-rises to opt out of an ELSS [engineered life safety system] and, for those who do not or cannot, provides more time for installation of an ELSS beyond the current 2019 […]
The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional
The Nevada Supreme Court and the federal 9th Circuit Court of Appeals have different rulings on the same statute. So, what does this mean? I think it probably means that the choice of courts makes all the difference. In Nevada state courts, the Nevada Supreme Court is the final authority. But if the case is […]
(Las Vegas Review-Journal) EDITORIAL: Nevada Supreme Court rules for investor in super lien case
The Nevada Supreme Court perpetuated an absurd injustice last week when it decided that property rights and due process don’t apply to mortgage lenders. The justices ruled in favor of a speculator who in 2013 claimed clear title to a Las Vegas property by simply paying off $6,900 in back HOA dues despite the fact […]
NO COMMENT?
I’ve answered thousands of questions from reporters, some of them extremely irritating. But you learn to work through tough questions and to work with tough-minded reporters. If you ask why, I’ll bend your ear about engaging with reporters so you or some other someone can tell your company’s or your organization’s side of the story, […]
Get ready for higher HOA fees if Prop 206. passes (AZ)
A vote for Proposition 206 is a vote to increase your Home Owner’s Association (HOA) dues by five to 10 percent. Service providers that work with HOAs—such as landscapers, contractors, and other tradesmen—will see their labor costs increase almost 50 percent under the proposed minimum wage requirement of $12 by 2020. The only way service […]
Home sharing: There goes the neighbourhood
When French authorities published new population figures for Paris last week, showing a drop of nearly 14,000 residents, politicians and bureaucrats were quick to identify the cause. It wasn’t the threat of terrorism. It wasn’t high rents or taxes. It was Airbnb. Despite a ferocious effort by the current and previous administration at city hall […]
Bad lawsuit, bad argument, bad outcome (CA)
For six years, we hoped that reason would prevail in Santa Rosa’s legal squabble with homeowners in a gated community near Oakmont that has tried to block bicyclists from crossing through their territory. But reason has lost. So have bicyclists. So have joggers, skateboarders and anybody who would like to do anything other than walk […]
Editorial: A merrier Christmas for area HOAs (NC)
It has seemed like little mystery that the owner of a Garner-based HOA management company would eventually be charged with crimes involving the embezzlement of funds from HOAs. But last week’s news that Diana Kelly had been charged with 25 counts of embezzlement must surely have come as good news during this holiday season for […]
Are HOA Dues Making Real Estate Unaffordable?
When mortgage rates move a quarter percent in any direction, that’s big news. But lurking in the background are fees for homeowners associations. (HOA dues). Don’t overlook them. HOA dues are an expense that can sink many loan applications and derail personal finances. This is especially true for first-time buyers and those with marginal finances. […]
Letters: Convicted embezzler released from jail
Editor, This is in response to your Friday, Nov. 18 story “Convicted HOA embezzler released from jail.” I live in the Woodlake apartments in San Mateo. Sue Lambert, former manager of the Homeowners Association, stole $2.8 million from the people who live in Woodlake. About one year ago, she was arrested and put in jail. […]
CAI Letter to President Re: FEMA, Disasters and Community Associations
http://communityassociations.net/wp-content/uploads/2016/10/Letter-to-the-POTUS-Regarding-Hurricane-Matthew-October-2016.pdf
Keep Condo Fees Out of Credit Reporting
Equifax, one of the major consumer credit reporting bureaus, announced recently that it will begin including the common area fees and assessments that condominium owners pay in the calculation of consumer credit scores. Sperlonga, a data aggregator that will be collecting this information for Equifax, says the expanded reporting will help consumers improve their credit […]
The Michigan Condominium Act: Time for a Change
The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature […]
Cities, associations can protect residents from Zika (FL)
Government officials, homeowners and condominium association boards, and golf course maintenance professionals must look at a variety of sophisticated initiatives. Some involve altering our natural habits in efforts to prevent our residents from suffering severe illnesses that result from mosquito bites. Read the article……………..
HOAs, foreclosures and property rights (NV)
Your Sunday editorial, “Super liens: What about property rights?” really missed the mark. It was easy for you to make the same mistake the courts are making because that’s how the big money players have set the stage. The banks, the debt collection companies and the vulture investors have framed the issue in the courts […]
EDITORIAL: Super liens – Las Vegas Review-Journal
The Nevada Supreme Court made a major mistake in 2014 when it ruled that home-owners associations could wipe out a lender’s financial investment on certain homes. On Thursday, the justices revisited the matter in similar case and should seize the chance to reverse course and right an obvious absurdity. The controversy stems from a poorly […]
Gardens Not Allowed: HOA, Homeowner’s Associations, and Yard Gardens
Flying into Atlanta on a nice sunny day, my window seat afforded a grand view of the expansive sprawl of subdivisions along the flight path. At about 2000 feet, it was easy to spot which homeowners had installed food gardens in their yards. Read the article…………….
Sherman letter: HOAs (ID)
Regarding HOAs from hell, some very big points. HOAs are comprised of every homeowner in a community, not mysterious evil overlords; presumably Judy Thomas, of The Kansas City Star, means the board of directors. Boards of directors are elected at HOA annual meetings. If the homeowners association members do not like the leadership, they have […]
MISSOURIAN EDITORIAL: Without accountability, homeowners associations run amok
When they function as they’re supposed to, homeowners associations ensure neighborhood standards, property values and goodwill. Because many associations maintain private streets, sewers and water systems through fees homeowners pay, they relieve local governments of infrastructure costs. But when HOAs don’t function as planned, homeowners pay a heavy toll in court costs, fines, liens and […]
More oversight needed for homeowners association boards
When they function as they’re supposed to, homeowners associations ensure neighborhood standards, property values and goodwill. Because many associations maintain private streets, sewers and water systems through fees homeowners pay, they relieve local governments of infrastructure costs.
HOA elections are as important as presidential elections
There are 9.4 million Floridians living in communities governed by a condominium or homeowners association (HOA), paying nearly $10 billion annually to maintain their communities.* These associations are under the direction of an elected board of volunteer homeowners who make decisions that affect all residents of the community. Read the article…………..
Runstad Center report: Addressing condo construction defect liability may help promote affordable housing in Seattle (WA)
A new study from the University of Washington’s Runstad Center for Real Estate Studies suggests that Seattle and Washington state could invite development of more affordable housing by easing the legal risk — or the appearance of risk — in condominium development, construction, liability and insurance. The research was funded by the Washington State […]
N.J. gas explosion victims are at mercy of others
In the end, it is the homeowner’s association and its management company that should go to bat for the residents to ensure that the repairs and rebuilding are done properly. These residents have already paid a high price and they should not have to put up with shoddy or incomplete work. They should be made […]
How to connect HOAs and cities
Homeowners associations are key elements of West Valley communities, but the original concept has outgrown its usefulness. Many cities make HOAs a virtual requirement before approving construction of new residential communities, but they eventually fall victim to their own success. The most successful HOA communities tend to develop their own identities, which leads their residents […]
My descent into HOA hell in North Carolina
North Carolina has well over 63,000 Homeowners Associations, and almost everyone who has lived being regulated by one probably has a story to tell. Many of the stories are not nice ones. Living in an HOA community gives you access to amenities that most families cannot afford on their own. Those amenities come at a […]
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 the flag is federally protected and draft your HOA policies around your state’s regulations regarding […]
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. However, delinquent assessments rarely show up in the member’s credit report, unless the debt becomes […]
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 surely get no takers, right? Read the article……………
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, however; the association’s rules allowed “birds and domestic fish.” But not cats. This gave a […]
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. U.S. Bank, N.A. This decision potentially rendered hundreds of millions of dollars in secured loans […]