Kass: Who Bears Water Damage Loss In A Condominium

Question. I own a unit in a condominium with 180 units. Recently, my apartment was damaged as a result of an overflowing humidifier in a unit several floors above me. The unit owner whose humidifier overflowed and caused the damage reported it to his insurance company, which denied payment. Apparently, the insurance company took the […]

Understanding HOA Governance: Your Secret Weapon

Many homeowners aren’t entirely clear about the mechanics of governance that apply to their homeowners association. It’s understandable–when you become a member of a homeowners association, you become a member of a non-profit mutual benefit corporation. This corporation is governed by Bylaws, Rules & Regulations, Covenants, Conditions& Restrictions (CC&Rs) and usually involves a property management […]

Homeowners Guide to Understanding HOAs

With 69 million Americans living in common interest communities, nearly all of us have at least heard of HOAs. In states like Florida, you would be hard-pressed to find a neighborhood that isn’t governed by a homeowners association. Even with the rapid growth of common interest communities, many homeowners don’t really understand how they work […]

Where Do HOA Fees Go?

If you have recently purchased a home that is part of a homeowners association, you may have already starting paying your HOA fees. Each member of the community, along with signing the governing documents that provide the community with order and stability, must pay weekly or quarterly fees. You may be wondering where the HOA […]

Two Condominium Bylaw Provisions That Every Board Should Review To Ensure That Assessments Are Not Unnecessarily Depleted

Assessments are the means by which all associations operate, and assessments provide the necessary income to maintain and enhance a community’s assets to protect and maximize unit values. When assessment levels get too high, the very assessments that are essential to sustain a condominium community may very well end up hurting the market values the […]

Construction Contract Tips for Owners — Part 1

A remodel of your home can be a substantial investment. Nonetheless, it oftentimes shocks me to see the contracts that parties enter into regarding construction. This article is intended to highlight some of the issues that homeowners should look out for in these contracts.    Read the article……………..

Winterizing Checklist for Your Homeowners Association Members

It’s that time of year—you’ve exchanged your swimsuit from long days at the community Association pool for sweaters and scarves just in time to roll down your sleeves and prepare your home for cooler weather. As we watch the warm days fade into the sunset, consider adding the following items to your winterization checklist, and […]

Are HOA Fees Tax Deductible?

If you have purchased a home or condo, you are likely paying a monthly fee to cover repairs and maintenance on the outside of your home or in common areas. You may be wondering whether this fee is tax deductible. The answer regarding whether or not your HOA fees are tax deductible varies depending on […]

Improving Indoor Air Quality

As the heat continues to bear down, most people find themselves retreating indoors to beat the heat. But what most people don’t realize is that air quality indoors can be just as bad as it is outdoors. If your HOA community has indoor hallways, staircases and common areas, it’s important that you take a few […]

Withholding Your Maintenance Payments: Do You Have a Right to Do That During a Dispute?

Conflicts between both unit owners and their co-op or condo, or between neighbors, can get ugly pretty quickly. Often due to many considerations–in particular the slow pace of anything in common-interest properties and the general reluctance to spend money–these conflicts can result in growing anger and frustration. The first response of many a frustrated shareholder […]

Problem Boards: What to Do When Your Board Breaks the Rules

A condominium, cooperative, or homeowners’ association elects a board for a specific purpose: to manage the community’s day-to-day business, oversee special projects, and draft and uphold the rules and regulations that keep life orderly and harmonious. In fact, the board has an inflexible fiduciary duty to act in the best interests of the community as […]

How to Make a Difference in Your Homeowner Association

Homeowner associations were created to provide a governing body for residential developments to make decisions regarding upkeep, appearance and finances. These agencies are usually composed of residents of the community. Periodic meetings are held to ensure that members of the communities are informed of issues related to them. You can make sure you have an […]

Reading Your CC&Rs

Show of hands: Who has actually read their community’s CC&Rs cover to cover and word for word? Statistically speaking, not many have. And while it may feel unnecessary to read them, we assure you it’s better to familiarize yourself with the rules and regulations before you’re fighting them or trying to implement them!   Read the […]

Weeding Out Your Yard

Nothing ruins a beautiful, well-manicured summer lawn like weeds. From those ugly ones that have thorn-like leaves to the tall, unsightly ones that demand to be seen, weeds are an equal opportunity annoyance. As an HOA board, it’s important to remember that one weed here or there isn’t going to hurt curb appeal, but if […]

HOA Living: Homeowner Rights and Responsibilities

If you are looking at buying an HOA property, or if you already live in one, then you want to know what your homeowner rights and responsibilities are. Well, we can help you with that. Read on for the list of things you’ll want to keep in mind when it comes to HOA rights and […]

Everything You Ever Wanted to Know About Homeowners Associations

When you finally buy your own home after years of renting, you might think you’re done following someone else’s rules (bye-bye, landlord!). But if you’re considering a house or condo within a planned development, you may find yourself answering to a homeowners association, or HOA. In fact, nearly a quarter of homeowners in the US […]

Lessons as a First-Time Condo Owner

Professionals who work in the condo industry often say they’d never buy a condo. I was no different. A large part of my day is spent dealing with the problems faced by condos, such as disputes between neighbours, financial concerns, construction defects. I didn’t want to spend my time at home dealing with the same […]

Your HOA and Home Repair Scams

As the weather starts to draw people outside to plant flowers and make improvements, dodgy contractors and other types of business start targeting homeowners with scams and rip offs.  A scammer will usually use some sort of fear tactic, suggesting that the problems are much worse and need to be dealt with immediately. Some may […]

How to Win a Fight With Your Condo Association or HOA – Without Going Broke

More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association.  According to a 2016 CAI survey, 65 percent of residents find living in an association positive, with another 22 […]

Resident Rights: Knowing Them, Upholding Them

To paraphrase the Declaration of Independence, all men and women are created equal with certain inalienable rights, including life, liberty, and the pursuit of happiness. That may not be the case if you live in a condominium, co-op, or HOA, however. Unlike a private home, living in a ‘common interest community’ represents a commitment to […]

Weed Tips to Avoid the HOA Letters

Lawn maintenance can kind of be a hassle, but with some patience and some weed tips and tricks, you can have a beautiful lawn and landscaping in no time. Avoid the HOA warning letters with these weed tips, and keep your lawn properly cared for! HOA letters are no joke, you don’t want to have […]

What Homeowners Should Know About the HOA Documents

A few months ago I wrote an article titled “Should Owners Really Read the HOA CC&R’s”. I must admit, the title was intended to get the attention of community association professionals. As a result some of the comments on social media were a resounding “Yes! How could you ask such a stupid question?”. While I […]

What Not to Do When You Receive Communications from Your HOA Board

In our busy world of the internet, mobile phones, television, email, social media, and daily conversation, we’re on 24-7 information overload. We’re communicating non-stop all day, and when we finally reach the comfort of our home we just want to catch our breath. However, communication is what we were made for, and it keeps us […]

10 Tips to Improve the Lives of Condo Owners… and of Condo Directors

Condo democracy has had a fair bit of bad press recently. Vote rigging, fraudulent proxies and director collusion made headlines in May. But is it really all gloom and doom in condos under Ontario skies? In this post, we provide 10 tips to improve condo governance and reduce frustration associated with condo living.   Read the […]

Love Where You Live: Building Emotional Equity in Your Community

When you’re leading a community, it’s easy to get caught up in the day-to-day tasks like scheduling maintenance, enforcing rules and creating budgets. But, when we only focus on work that’s in front of us, we forget why we do the work in the first place: to create a community where all residents love to […]

Does Your HOA Board Have a Policy for Home Security Systems?

We know you want to feel safe at home and you should. Maybe you have tried trimming foliage, increasing exterior lighting and are considering installing a home security system to feel more secure. Before you invest in a high-tech home security system, there are a few things to consider. Personal safety and privacy are two […]

Condo Children

What do you think about raising children in condominiums? It seems everyone has an opinion about it. Most write about the perceived cons of condo living, like having no backyard. Recently, I’ve read several articles (like this one and this one) that focused on the positives of condo living for children, like amazing amenities (i.e. […]

4 Reasons Why HOAs Need HOA Governing Documents

Real Estate developers create a legal corporation known as a Homeowner’s Association (HOA) when they are ready to manage and sell the homes they built for residential communities. Each such corporation needs HOA governing documents to enforce the rules for homeowners. So, what kind of documents are we talking about? That’s a good question. Luckily, […]

HOA Governance: What Roles Does an Owner Play?

When you think about becoming an owner of property within an HOA, you might wonder about HOA governance, what roles does an owner play? You may wonder if an HOA property is right for you. Rest assured, it is, and we have the following four reasons why.   Read the article………….

Outdoor Spring Cleaning 101

With spring in full swing, it’s time to start working on that spring cleaning checklist. While almost everyone has a list of indoor spring cleaning tasks, you don’t want to forget about the outside of homes and common areas.  Here are some recommendations for your home:    Read the article…………..

HOA 101: An Introduction to Living in an HOA

So you purchased a property in a community governed by a homeowners association (HOA).  But what does that really mean?  What are your rights and benefits under this structure?  How does an HOA really run?  Where can you turn if you have questions?  Many homeowners miss out on the true value of their HOA because […]

Smart condo conundrum: Talk to appliances, or text them?

In today’s so-called smart home, you can dim the lights, order more toothpaste or tell the kids to go to bed simply by talking to a small Wifi-connected speaker, such as Amazon’s (AMZN.O) Echo or Google’s (GOOGL.O) Home.  This voice-first market – combining voice with artificial intelligence (AI) – barely existed in 2014. This year, […]

Gardening In Your Association: The Basics

As the bleak cold of winter finally breaks and signs of spring begin to pop up all around, thoughts of vibrant flowers and lush vegetables are on gardeners’ minds. For those green thumbs living in tiny quarters, an impressive garden may seem unattainable. However, many are turning toward urban gardening, bringing plant life into unique […]

Tips to Voice your Concerns and Get Results in your Community

Disagreements among homeowners and fellow board members are bound to happen. However, that’s not always a bad thing. When they’re handled properly, disagreements can lead to unexpected solutions and common ground. Below are five tips to help you keep disagreements in check and voice your concerns so you get results.   Read the article…………..

You Can Make a Difference!

Driving to and from your garage and merely existing in an association is not the only option. Living within an association provides you with many opportunities to become involved in your community. Assuming you meet any qualifications which exist within the documents, one of the best ways to be involved in your community is to […]

Can HOA Fees Be Claimed on Your Taxes?

Tax season is here and we all want to deduct every last penny we can find. If you’re a member of a homeowners association, have you ever considered whether or not the HOA fees you pay are tax deductible? Every HOA is different, so you’ll want to find out what applies to your specific Association. […]

What Roles Do Owners, Boards And Committees Play Within Community Associations?

There are various opinions on the role of community and condominium associations. But, generally speaking, the main purpose and authority of the association are to maintain common elements and ensure compliance with the association’s governing documents.   Property owner associations typically operate with three bodies of community governance:    Read the article…………..

3 tips for raising a family in a Condo

Healthy demand is forecasted for Canada’s condo markets in 2017, and it’s not just young professionals and investors fueling the boom. As low-rise housing prices grow further out of reach, families are increasingly turning to condo life as an affordable housing option.  For many, condos offer the only affordably entry point into the market, especially […]

How to Grow Veggies at Your Apartment or Condo

No access to land for growing a vegetable garden? No problem. You can still grow a vegetable and herb garden, enjoying all the benefits of gardening without the added cost and maintenance of a large outdoor garden bed. Perfect for people living in apartments, condos or another urban setting, container gardening is effective and highly […]

Court Clarifies Condo Owners’ Right to Inspect (NY)

In its 2013 decision in Pomerance v. McGrath (Pomerance I),1 as noted by one of the authors in a prior article on the subject,2 the Appellate Division, the First Department handed down the first appellate decision delineating the rights of condominium unit owners to inspect the books and records of condominium management. Although the courts […]

What’s Covered by Your HOA and What Isn’t

Many homeowners who live in HOA’s come to us seeking clarity about who is responsible for what in terms of their homes, yards, and amenities. We hear all sorts of questions, including things like: Am I responsible for trimming the trees near the sidewalk? (Answer: Depends on whether the tree is within your property lines) […]

Owner Function: Comply with Documents

As an owner within an association you should read, understand and comply with your governing documents. If you do not understand the documents, ask your neighbors, your board, or your personal attorney. Failure to understand your association’s governing documents (Bylaws, CC&Rs/Declaration, Rules and Regulations, Architectural Guidelines, etc.) is not a defense and should not prevent […]

The Basics of Living in a Community Association

Though many Southern Californians live in neighborhoods that are governed by a community association, we find that lots of residents are unclear about the rights and responsibilities they have as members of the association. As a result, homeowners and condo owners are missing out on the complete scope of available benefits. In this article, we […]

5 Actions an HOA Board Should Take to Clarify Maintenance & Insurance

One common subject that often causes confusion in a homeowners association is grasping the difference between the maintenance responsibilities of an association and the items that are covered by the association’s insurance policy. Often owners and even HOA board members may not understand the differences between these two subjects.     Read the article…………..

Lawsuits Against HOAs Potentially Benefit Other Owners

In many HOA disputes, only one (or a small handful of) owners desire to challenge board actions that negatively impact a larger class of owners in the community. If the court finds that the board action was invalid, then the court decision would materially impact everyone, not just the plaintiff owners and the HOA. Today’s […]

Owner Function: Be a Good Neighbor

Aside from complying with the documents, each owner within associations should always strive to be a good neighbor. The “good old times” of borrowing sugar from your next door neighbor need not cease merely because you live in an association.  If you already live within an association there is no doubt that you have had […]

Demystifying Homeowner Associations

Townhomes, condominiums, homes in planned developments, co-op style housing — most of these types of residences are sold along with a homeowner association (HOA) agreement.  Educational Community for Homeowners (ECHO), a San Jose-based nonprofit that assists homeowner associations with everything from finances to insurance, states that, “homeowners associations act as both landlords and mini-governments to […]