Working With Vendors

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Fundamentally Altering the Employee/Employer Relationship between Community Associations and their Management Companies & Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees. However, a 2015 ruling by the National Labor Relations Board

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New Jersey Supreme Court Gives Supreme Win to Policyholders

Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division’s holding that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” and an “occurrence” under the 1986 Insurance Services Office, Inc. (“ISO”) form commercial general liability

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How to Write Requests for Proposals for Best Results

Requests for Proposals (RFPs) are a tool managers can use to ensure the best products and rfpspecifications are used in their projects. By getting all vendors to bid on the same specifications and use the same materials you are ensuring

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The Three Key Relationships that Strengthen your Condo Association

There is a saying that you make your own luck. As anyone who has help run an Association knows, you will run into a lot of challenges. Some things – like the maintenance of major systems – are to be

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The Importance of Bids

Most homeowner and condominium associations engage the services of professionals to help with the operations of the community. These professionals include accountants, landscapers, contractors, and managers. As board members, you have a duty to ensure that association funds are spent

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Multiple Dwelling Unit Right of Entry Agreement for Service Providers

Even if you live in an apartment, your landlord can’t just enter without reason, and the landlord can’t allow others to enter without reason. However, there are some instances that do allow a right of entry (ROE). One common example

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Numbers Never Lie: The Future of Building Restoration

The increase in size, volume and complexity of buildings needing to be restored, the knowledge of business, the increase in non-site related personnel, the restraints to financing, and at the same time, the reduction in the number of restoration companies

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Vetting Your Professionals: Hiring the Best People for the Job

There is always work to be done on a building, whether it’s a simple lobby repair or a major capital improvement, and finding the right contractor for the job takes some work. If the vetting process is not done properly,

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Control the Negotiation Before It Begins

Countless books and articles offer advice that can help deal makers avoid missteps at the bargaining table. But some of the costliest mistakes take place before negotiators even sit down to discuss the substance of the deal. That’s because people

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Selecting the Right Vendor-Partner for Your Community

Vendor relationships are about partnership, built on trust that deepens over time. Choose the right vendor-partner and you’ll receive quality work at a reasonable price; make the wrong choice and you might end up with a very expensive legal headache.

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Material Supplier Construction Lien Rights: Lien Releases (FL)

One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a

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Vendor Consolidations

Board members, community managers and homeowners are constantly hiring vendors for various reasons, such as landscaping, painting, fencing, roofing, etc. However, some vendors just do a better job than others, which is why some communities with HOAs have pre-approved vendor

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Vendor Insurance

Running a community is a lot of work, and one piece of the puzzle is hiring qualified vendors for repairs, maintenance and many other tasks. However, before you sign any contract, you want to ensure the vendor is licensed and

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Receiving a Lender Project Questionnaire

There is nothing quite as daunting for a community association board member or manager as a Lender Project Questionnaire, sometimes also referred to as a condo questionnaire or a PUD questionnaire, finding its way to your desk. As your trusted

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Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud (NJ)

When finding and hiring contractors to perform construction work, property owners rely on information provided by the contractor, especially relating to the experience, skill and specialized knowledge they possess to perform the requested job. But, what happens when the contractor

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Importance of HOA Contracts

Each year, thousands of homeowner associations across the country engage in complicated renovation projects that run the gamut from siding replacement to roof overhauls to dryrot repair to new decks and fences. Aside from the complexity of the tasks themselves,

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Lines of Communication: Who Gets to Boss Around the Landscapers?

One of the largest contracts an association often holds is a landscaping contract. Keeping common areas well maintained is one of the most basic association responsibilities. And, of course, one of the most expensive and time-consuming contracts to obtain is

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Contractor Caution

Finding a contractor who will perform quality work at a reasonable price can be a daunting task. It’s always a good idea to ask for and check references and to contact the Better Business Bureau and your state licensing bureau

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Community Upkeep, Maintenance and Avoiding Problems and Emergencies

First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about

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How to build an effective community association team

Community associations are run by volunteer boards, but even the best ones can’t do the job alone. They need a team of professionals to guide them through the thorny maze of communal living.    Read the article………

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Is Your Association Is Planning a Maintenance, Repair or Restoration Project? You Better Read This First!

At some point in time, every association is faced with a major maintenance and repair undertaking, whether it be concrete restoration, elevator refurbishment, new roofs or a similar monumental task, which requires the association to place their trust, and a

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Why an HOA Board Should Use Caution When Hiring a Contractor

Finding a contractor who will perform quality work at a reasonable price can be a daunting task for any HOA board. It’s always a good idea to use contractor caution and ask for references, contact the Better Business Bureau and

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Choosing The Right Contractor For Your HOA Renovation Work

The curious expression “Is you is or is you ain’t?” has a number of meanings but one is “are you really what you appear to be?” Appearances can often be deceiving and none is more prone to deception than construction

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A Sound Relationship: Cultivating Connections with Vendors

Dealing with service vendors is a necessity for any condo development, as there are always going to be things that need to be repaired, replaced, serviced, cleaned or renovated.      Read more……..

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How to Find and Contract the Right Elevator Service Company

Requesting maintenance proposals from an elevator service company can be a daunting task, because so little is known about elevators in general to the riding public. What is important is that you consider the value of the service in reference

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Negotiating Better HOA Contracts

Winter is the time of year that the board should be arranging and reviewing proposals for fair weather renovation projects. Painting, fencing, pool replastering and roofing are but a few of the major items that fit the profile. There are

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Unlicensed Contracting in Florida: Beware of Arbitrating This Issue

The Florida Statutes provide for licensing of certain contractors performing work in this state. If a contractor does not have the requisite licensing, that contractor will not be able to enforce its contract or lien rights. See Florida Statute Section

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How to Build Relationships with Contractors

So you need a contractor for your community, but where do you start. With so much information out there, it can be difficult to know who to choose and how to build a mutually beneficial relationship with them. If your

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Construction Lien Law Can Result In Condominium Associations Paying Twice For the Same Work

Question: Our condominium association is going to re-roof all of the condominium buildings this winter. In my home state, there was a “mechanics lien law” which applied to repairs of this nature. Does Florida have a “mechanics lien law”?  

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Vendor Proof of Insurance: Resident vs. Non-Resident

When you hire someone to do work for you, do you assume they have worker’s compensation insurance or do you ask for proof? Worker’s compensation insurance protects your community association, but do you need to require it from vendors who

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General Contractors: Make sure you have a Subcontractor Exception to the Your Work Exclusion in your CGL Policy

Do you know what your CGL insurance policy covers? General contractors may expect that their CGL policy covers the cost to repair defective work, or other components of the project that were damaged by defective work. This may be one

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A General Release – Not Just Legalese

Recently I was asked to review a settlement agreement incident to some minor termite damage repairs to be performed for a community association by a pest control company. There was an underlying multi-year service agreement between the parties as well

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This Lawyer is Not a Plumber: Are you hiring the right professionals to serve your association?

I’m the granddaughter of Midwestern dairy farmers who grew up during the Great Depression, and my parents own a small town HVAC/plumbing business. As a child, I often heard some version of the following: “I can make that.” “We don’t

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What You’re Getting Into: Vetting Contracts Before You Sign

Few things can raise one’s blood pressure like signing a big contract. That can be especially true for board members or managers signing sometimes mammoth contracts on behalf of a co-op or condo association, obligating their neighbors, friends and themselves

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Vetting Contracts Before You Sign – Know What You’re Getting Into

Condominium associations should seek professional help before signing on the dotted line of an unfamiliar contract. Signing too quickly may result in big regrets, say managers and attorneys. Be cautious, and nail down the specifics first.     Read more……..

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Know what to look for when dealing with contractors

Community associations hire dozens of contractors to perform myriad maintenance and administrative tasks.  Some are major undertakings, like replacing roofs and decks. Others are smaller, like auditing the books or shampooing carpets.    Read more………

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Know what to look for when dealing with contractors

Community associations hire dozens of contractors to perform myriad maintenance and administrative tasks.   Some are major undertakings, like replacing roofs and decks. Others are smaller, like auditing the books or shampooing carpets.     Read more……

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Managing Vendor Agreements in your HOA

As an HOA board member, you’re taking on an active role in your community. Obviously, this means making sure the community runs well; but, this role also covers all of the general upkeep issues, such as gardening, cleaning and laundry

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Citation recommended for contractor

State regulators have recommended a citation for a San Diego contractor after investigating complaints from residents of a Fashion Valley homeowners association that the company was painting homes without required licenses.     Read more……..

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After the Fire: Dealing with Insurance and Contractors to Rebuild

You are allowed back to your home, have salvaged what you can and are ready to rebuild your life Here are tips on how to deal with the insurance company and how to deal with contractors to rebuild your home

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