Most kids these days have never had more options when it comes to fun: video games and electronic entertainment of every kind are ubiquitous, and all sorts of mobile toys, too. But amid a national childhood obesity epidemic, the need for children to play and exert the energy that builds up in fast-growing little bodies […]
Seasonal Maintenance: A Year-Round Responsibility
Building maintenance follows a schedule based on the seasons, each of which presents a unique set of challenges to a co-op or condo. At certain times of the year, it just makes sense to do certain regular maintenance projects: weatherizing, boiler maintenance, winterizing gardens and landscaping in the fall; cleaning, repainting, pruning, and switching off […]
Aesthetic Rules in Co-ops, Condos & HOAs: A Matter of Taste?
For many people, one of the most attractive aspects of co-op or condo living is the fact that everything, from the windows to the elevators to the numbers on the apartment doors, looks great. Clean, bright, elegant and well-maintained. For residents, visitors, and prospective buyers alike, it is easy to see how much time and […]
Caring For Trees: The Right Tree, in the Right Place
Trees may seem like the ultimate in low-maintenance landscaping; they’re naturally occurring, live for decades (sometimes centuries), don’t really require much in the way of watering, and sometimes don’t even need pruning. But while all that is true, in fact in a residential setting, trees require much more care and consideration than one would think. […]
Don’t Touch that Sidewalk! Doing Too Much Could Be as Problematic for Condo Associations as Doing Too Little
We regularly advise condominium boards to be wary of taking on obligations beyond those state laws or their association’s governing documents require them to assume. A recent decision by a Massachusetts Appeals Court adds a judicial exclamation point to that advice. Read the article…………
Avoiding Discrimination and Its Legal Consequences: The Power of Equality
Despite the fact that most people would agree that discrimination is a bad thing, discrimination persists, which suggests either that existing laws against it are sometimes ignored, or that the legal definition of ‘discrimination’ isn’t always clear. Fortunately, when it comes to condos, co-ops and HOAs there are laws at the federal, state and local […]
Building a Stronger Community: Encouraging Neighbors
Are condominiums, co-ops and HOAs cohesive communities? Is community part and parcel of what purchasers are seeking when they buy into a co-op, condo or HOA? The concept of ‘community cohesiveness’ could be defined as a community in which there is a common vision and a sense of belonging, and where the diversity of people’s […]
Back From the Brink: Financial Ruin — and Recovery
happens infrequently, but when it does, it can be an enormous challenge: a co-op corporation or condo development has a long-running squabble with the building sponsor/developer, falls victim to long-term mishandling of funds — or outright fraud — by the board, or has to undertake a major unexpected or ill-prepared-for repair project. All of a […]
Outsourcing Services: Getting the Most for Your Community’s Dollar
In the perennial struggle to control costs while still adequately maintaining a building or HOA’s physical plant, grounds, and other day-to-day business, some boards and managers are opting to hire superintendents, custodians, and other staff on a temporary, as-needed basis, or to partner up with neighboring associations to share one super or groundskeeper between them. […]
Service-Based Amenities: Adding Value, But at What Cost?
In major US cities these days, the decision to live in one co-op or condo building versus another often hinges upon the style of living afforded in a particular property. Whether it is defined partly by a full-scale gym and spa, a children’s study room/library, a community room or another common space, the physical amenities […]
A Look Forward Pros Predict What May Move the Needle in Condos/Co-ops/HOAs in 2017
Another year is behind us, and what a year it was! While 2017 and beyond promise to be eventful in myriad ways, it probably makes sense to focus solely on what’s ahead in the world of condominiums, cooperatives and homeowners associations for the moment. In an effort to ascertain what we can look forward to, […]
SCOV Law Blog: Determining Responsibility When Land is Leased (VT)
Allan Sherman waxed that while, “Camp is very entertaining,” the truth was, “They say we’ll have some fun if it stops raining.” So while everyone is soaking in the serene environment, lakefront property is continually embroiled with a fearsome foe hidden in plain sight: H2O. Because an Act 250 permit application to drain Lake Champlain […]
Snow Removal: No Business Like Snow Business
Time will tell whether global warming and climate change eventually make winter – and its attendant snow, ice, sleet, and other challenging weather issues – extinct, but for now at least, the colder months can take a seasonal toll on buildings and surrounding property. With the proper planning, forethought, and communication, however, building administrators can […]
Surveillance and the Law: Maintaining Safety While Respecting Privacy
Secure. The word has many meanings. According to Google definitions it can mean “to fix or attach something to something else. It can mean to protect against threats or make safe. Or it can mean to feel free from fear or anxiety.” Perhaps that feeling of security is the single most important thing we can […]
Emergency Preparation: Planning for Worst-Case Scenarios
Some days it rains, some days it pours—and some days, there’s a Category 4 hurricane. And while the latter is relatively rare, it can be a true disaster, and any condominium, co-op or homeowner’s association worth its salt should be prepared for it. Whether storm, fire, earthquake or freak accident, a board must take into […]
Neighborhood Watch: Maintain Your Community’s Safety, Safely
Everyone is right to be concerned with the safety of their communities, whether they live in an area highly susceptible to crime or a sleepy Mayberry-esque hamlet. Condominiums, cooperatives, and homeowners’ associations are no exception; in fact, the communal nature of these environments may make it even more likely that residents would want to band […]
Wood-Destroying Pests: How to Protect Your Property
Whether interior or exterior, well-built, properly-maintained woodwork can last for centuries—but if wood-boring pests like beetles, termites, and carpenter ants find their way into the wood, they can wreak all kinds of havoc. Wood-destroying insects are more than a nuisance; they are dangerous and can cause significant, costly damage to the structure of a home, […]
Holiday Decorating: Keeping it Festive, Tasteful, and Fair
Since before recorded history, people have celebrated events, often decorating homes and public spaces to mark this or that special day or event. We still love to adorn our doors, windows, and other areas with festive décor at different times of year, but in a modern, densely-populated setting like a co-op, condo or HOA, the […]
Funding Your Reserves: Banking Against Surprises
Bill and Martha Jensen bought a new condominium in Brockton in 1995 and lived there for 19 years. In 2014 they sold the unit to Max and Rita Diaz. A year later, the condominium association’s board of directors voted to replace the building’s roof and imposed a special assessment to pay for the project. “That’s […]
A Look at Election Fraud: Staying on the Up and Up
Every co-op, condo, and HOA must elect a board of directors to oversee the community’s finances, physical maintenance, and other day-to- day operations. While board elections don’t rise quite to the level of a state or even local election in terms of gravitas, an apathetic or inept board can profoundly impact the cohesion and quality […]
Home-Based Businesses: Challenges for Today’s Co-ops, Condos and HOAs
According to U.S. Small Business Administration statistics, over half of all small businesses begun in the last decade have been home-based—that’s more than 38 million in real numbers—with a new home-based business being launched every 12 seconds. Home-based businesses (HBB) earn more than $427 billion per year. So what businesses can be run from a […]
Pet Policies in Boards and Associations: From No Pets to Petopia
Although it may sometimes feel as if our pets have the run of the land, humans are still the masters of their own domains. In order to maintain this status quo—especially in a communal environment such as a condominium, cooperative or homeowners’ association—we need to establish a set of ground rules regarding pet care, lest […]
Indoor Air Quality for Co-ops, Condos and HOAs
Few things in life are as precious yet underappreciated as clean air. We take it for granted. Breathe in, breathe out—we rarely even notice the action. Ensuring that the air we breathe is clean, fresh and safe is one of the myriad responsibilities that boards and building managers must undertake on behalf of their residents […]
Getting the Lead Out: Protecting New England’s Drinking Water
While Flint, Michigan may have been the highest profile case of water being contaminated with lead in recent years, lead is an issue that water systems across the country have to navigate and monitor closely. Earlier this year, elevated levels of lead were found in the drinking fountains at two Boston public schools; the fountains […]
Pokémon, Zika and Marijuana Are Creating New Concerns and New Risks for Condo Associations
The risks confronting condo associations are generally well-known. Although there are always variations on old themes, the risk fundamentals don’t tend to change much from year to year. But every now and then new risks emerge, like Loch-ness monsters from the deep, to threaten condo communities and challenge the boards and managers who oversee them. […]
Workers’ Compensation: What Your Board-Management Team Should Know
For over a century, states have had laws, rules and regulations in place to ensure that employees who are injured while performing their jobs are adequately taken care of. An uninsured employer that finds itself embroiled in a workers’ compensation claim may face a severe financial burden. Thus it is imperative that any entity either […]
So You Want to be a Board Member – Now What?
I wish someone had told me the nuances of trying to cultivate a community while also trying to manage a business,” said Pat Burke, the current president of the Fieldstondale co-op in the Riverdale section of the Bronx, when asked what he wished someone had told him when he joined his co-op board 12 years […]
Companion Pets and Service Animals: How Do You Determine a Reasonable Accommodation?
Probably the biggest point of tension for any condo, HOA or co-op board is a pet ban. Enacting one can be a heated affair, leading to fights and arguments throughout the building community, but maintaining a ban on pets can also result in a massive headache. “I wish I could say otherwise, but the abuse […]
Board Members Beware: Condo Associations Are Attractive Targets for Cyber-thieves
Cyber-thefts are becoming more frequent, more sophisticated and more costly. This isn’t news to anyone who surfs the Internet, reads newspapers (I’m told I’m not the only one who still does that) and watches television news. But if you think only the largest financial institutions and giant corporations are at risk, you are badly and […]
Condo Owners Want Security: Are Associations Required to Provide It?
When a gunman opened fire on patrons at an Orlando nightclub a few weeks ago, killing and injuring more than 100, commentators grappled initially with the horror of the act. But they also speculated about the obligation of the nightclub owner to provide better security. Community association boards confront the same question: What obligation do […]
Managing Employees: Good People Means Good Business
However, for employees of a condo or homeowner’s association—property managers, maintenance staff, and doormen—your home is their work. Your home is the place they have to clock in to, and because you entrust these individuals with your safety and with the upkeep of the quality of your home, it is vital to make sure they […]
Show Me the Money: Collections, Foreclosures, Evictions
The first of the month rolls around and it’s time to pay the monthly dues that keep the building operational. Repairs might need to be made, maintenance done, bills paid to keep all the common elements running and those dues make it all happen. Sometimes though—not often, but sometimes—someone will be unable to pay. Read […]
Financial Record-Keeping: Following the Money
Whether your community is a condo, HOA, or co-op, proper record-keeping is the difference between a healthy property and one headed toward peril. And while meeting minutes and election results require well-organized documentation, records such as bills, invoices, bank statements, receipts and taxes informs a community’s long-term financial health—and how these financial records are stored […]
Spotting Financial Irregularities: Red Flags Every Board Member Should Know About
While it’s pretty much impossible for a condo board, HOA or an employee thereof to commit fraud on the scale of a Bernie Madoff or any one of the greed-driven shysters who have made headlines in recent years, building boards and managers certainly aren’t above scrutiny when it comes to shady business practices. Read the […]
Legislative Roundup: Impacting Condos, Co-ops, and HOAs
The legislative season is upon us, and in many states, bills specifically dealing with condos, co-ops and HOAs are wending their way through the legislative process. Even when bills aren’t aimed directly at those forms of home ownership, many general housing-related bills impact the condo/co-op/HOA community. Some issues impact communities on a nationwide scale; some […]
Handling Litigation: When Lawsuits Strike Close to Home
No one likes a lawsuit. Whether filing one or finding yourself on the receiving end of one, they can cause stress, anxiety and an upending of daily life. They can be expensive, take months—even years—to resolve, and often result in hurt feelings and ruined relationships. For condo and HOA board members and residents, the situations […]
Choosing an Attorney for Your Association: Narrowing the Field When Looking for Legal Representation
Not every condominium or homeowners’ association is going to run afoul of the law—the happy truth is that litigation and legal trouble are relatively rare occurrences. But even the most upstanding board of trustees in New England must navigate a labyrinth of community association rules in order to best serve its ownership, and the odds […]
Managing Municipal Reimbursements: Who Pays What, and When?
…..imagine sorting out the obligations, reimbursements and guidelines of municipalities versus homeowners associations when it comes to things like road and street maintenance, garbage and snow removal, and other civil necessities. Some states mandate how cities, towns and villages must handle the division of expenses between municipality and private HOAs…others like Massachusetts don’t. It’s an […]
HUD Restrictions on Criminal Background Checks May Affect Condominium Sex Offender Bans
The Department of Housing and Urban Development (HUD) has issued guidance restricting the use of criminal background checks to screen prospective residents. The guidance warns property owners that a blanket policy rejecting residents solely because they have a criminal record may violate the Fair Housing Act, because it could have a discriminatory impact on minorities. […]
The Rise of Airbnb: What Condo Associations Need To Know About Short Term Rentals
Instances of home-sharing have skyrocketed recently due to the rise of websites such as Airbnb.com. For a small fee, these websites connect homeowners with people who want to find a place to stay for one night at a time. Homeowners rent their entire home or even a single bedroom therein, for a profit. But conflicts […]
Managing Tough Situations: When Neighbors Are Struggling
Condos and co-ops are called communities for a reason—families and individuals live side by side with one another, sometimes for years or even decades. Although residents may not exchange much more than a “hello” or “nice day” with their neighbors, there is still a human connection. So when a neighbor displays unusual or changed behavior, […]
Maintaining Balconies and Terraces: Safety Comes First
Before embarking on a real estate hunt, most prospective buyers craft lists. The “must have” list (square footage, operational plumbing, windows), the “would love list” (lots of natural light, Jacuzzi bathtub, doorman) and then the “probably just a dream” list (heated bathroom floors, private elevator, silent neighbors). Somewhere on these lists fall balconies and terraces. […]
Are You Covered? Insurance for Condos Goes Beyond the Basics
The experts who advise condo associations on insurance matters admit that the basic policies are pretty standardized and often seem to be all the same. Trustees may tend to gloss over the details and assume that anything important relative to condo communities is already built in to their coverage—and much of the important stuff probably […]
In The Black: Explaining Common Condo and Co-op Budget Terminology
Taking care of a condo, co-op or HOA’s budget and finances is a big job. Handling such large sums of money is an important responsibility, and not every unit owner or shareholder has the expertise to do the job well. Sure, most people know that the amount of money going out shouldn’t exceed the amount […]
Proper Record-Keeping: Keeping a Paper Trail
Like any company, a multifamily residential community generates a lot of paperwork in the course of doing business, from employment records to tenant records and more. It can be an enormous amount of stuff to manage, and knowing what to keep—as well as what can be tossed —isn’t always obvious. In operating a multifamily community, […]
The New Architectural Renderings: Marrying Technology and Smart Design
In the past, when it came time to do a remodeling project, no one really ever had much of an idea as to how things would turn out. Architects and designers would come by with blueprints or swatches of color and fabric and ask you to just imagine how it would look when finally complete. […]
Designing Common Areas: What Works Best?
In the past, developers would throw a few chairs and tables into a large room and call it a common area or a recreation room and leave it at that. Today, however, there’s more to designing, maintaining and upgrading a successful common area than just sweeping the floor and making sure the Nespresso machine is […]
Incorporating Safety into Play Time: Recreational Playgrounds in Co-ops, Condos and HOAs
One universal truth on which we all can agree is that kids like to play. They love little more than getting together and having a bang-up good time. And in almost any cooperative, condominium or homeowners’ association, there is likely to be a gaggle of youths who need to burn off some energy. A board […]