Home > Disaster Planning & Management
0 views 12 sec 0 Comment

Disaster Planning & Management

/ Owner - August 7, 2012

Disaster Planning & Management for Condominium & Homeowner Associations

How to Save on Emergency Supplies – Disaster Prep on a Budget

  • Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA)
    For HOAs, implementing universal rules and expectations is part of what helps a community thrive. To structure these, every association has three types of governing documents: Covenants, Conditions & Restrictions (called “CC&Rs”), Bylaws, and Rules & Regulations.      Read the article…………………………….
  • Update on the HB22-1137 Related Bills (CO)
    The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….
  • Navigating the Shadows: HOA Fraud and Community Safety (CA)
    Homeowners Associations (HOAs) play a pivotal role in maintaining harmony and order in the fabric of community living. However, this structured environment is not immune to fraud and misconduct risks. HOA fraud casts a shadow over community trust and safety, raising concerns and demanding vigilance. This blog explores the intricacies of HOA fraud, offering insights ...
  • New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations
    On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing ...
  • Proving the Source of Smoke
    In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well ...
  • Navigating Financial Challenges: Structural Integrity Reserve Studies
    Ensuring the structural integrity of buildings is a primary concern for community associations in Florida, where climate and weather events can pose a significant threat to buildings and their residents. Structural Integrity Reserve Studies (SIRS) address this by offering crucial insights into a building’s condition and future maintenance needs, safeguarding buildings against potential damage and ...
  • Farmers condo insurance case explores exclusion clauses (WA)
    The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by an excluded event. Notably, the policy included an exclusion for faulty, inadequate, or defective workmanship but also contained a ...
  • Woman, Pet Escapes Franklin Condo Fire (TN)
    Franklin Fire Department was dispatched just before 7 PM to the single story, 2-unit building on Morrissey St. Firefighters arrived less than 4 minutes later to find flames and heavy black smoke coming from an open garage door. They quickly knocked down the fire, preventing it from extending into the residence and to the adjoining ...
  • The Unchecked Power of North Carolina HOA’s
    For most of Chuck Williams’ 30 years in Wilmington, he lived in communities governed by homeowners associations. He, like most people who live under HOAs in North Carolina, never had a problem with them. He paid his dues, and they maintained the neighborhood. “Like every homeowner,” he says, “you don’t agree with everything, but I ...
  • Candidates May Vote For Themselves (FL)
    Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board ...
  • Business Judgment Rule: How to Protect Your Board (NY)
    The recent case of Levy v. 103-25 68th Ave. Owners, Inc. offers some valuable insights for property managers and board members within cooperative housing communities.  In June 2018, the Levys commenced this action against the co-op defendants and the occupants of the neighboring apartment, alleging, inter alia, that the co-op defendants exceeded the scope of ...
  • Artificial Intelligence: Responsible Guidelines for Your HOA
    Community association board members and managers should approach the use of artificial intelligence thoughtfully and responsibly. Consider the following:  Clearly define objectives. Outline your goals. Whether it’s building community, streamlining processes, or enhancing decision-making, understanding your objectives is essential.   Read the article…………………………….
  • NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K
    New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit.  The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings to ...
  • Allstate’s Florida Company Defends 54% Condo Rate Hike. Blames Reinsurance, Hurricane, Rapid Growth
    When Allstate’s Florida unit, Castle Key Indemnity Co., entered the surging condominium insurance market in 2020, it looked like it had made a smart bet: Within two years, the carrier had added no fewer than 123,000 policies.  Then came reinsurance price increases and $56 million in hurricane losses.    Read the article…………………………….
  • Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
    Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records.  This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final.   Read the article…………………………….
  • ‘Sick to my stomach’: Neighbors demand answers from HOA over flag violations (NC)
    Nickey Crowley says for the last 20 years, he’s flown a gay pride flag outside his home in Holly Park with no issue.  Then in September of last year, he received a violation saying that flag did not comply with the rules set out by the homeowners association.  “Why now, is my pride flag an ...
  • Downtown Denver condo residents say bicycle lane poses safety concerns (CO)
    Residents in a downtown Denver condominium say the installation of a bicycle lane is causing safety issues for the people living there.  This past August, the city installed a bicycle lane outside of Windsor Condominiums along Larimer Street.  But residents call it a hazard every time they step out their front doorstep.   Read the article…………………………….
  • Post-tension cable snaps at Emerald Bay – Village says no safety concern (FL)
    Village officials said Friday night they are monitoring a failure of at least one post-tension cable that snapped at the Emerald Bay condominium Friday that sent chunks of concrete flying in the luxury condominium’s garage. More than a dozen parking spaces were closed off with yellow caution tape and holes could be seen in the ...
  • Scottsdale HOA says manager stole $1.6M (AZ)
    Scottsdale House board members wish they had been more attentive a few years ago.  After failing to do a background check on a twice-sued manager who ran the HOA for years, the board started discovering money was disappearing from funds targeted for repairs and upgrades.  The deeper into the books they dug, board members found ...
  • Q&A: HOA Balcony Repairs and Updates (CA)
    Are you wondering about the balconies in your community? Well if you missed the presentation by ADAMS | STIRLING PLC regarding HOA balcony repairs and updates, here’s a follow-up Q&A by the Davis-Stirling.com Newsletter that may help.     Read the Q&A………………………………..
  • Thailand: Mass evacuation after fire erupts at high-rise Pattaya condo
    A fire broke out on the 11th floor of the EDGE Central Pattaya Condo, a 31-story condominium on Second Road, on March 16, leading to a frantic evacuation of residents from the high-rise building.  The blaze originated in unit 158, with flames and smoke billowing out of the windows, prompting the swift evacuation of predominantly ...
  • Free capital reserve studies available for APCHA condo units (CO)
    The Aspen-Pitkin County Housing Authority (APCHA) is seeking participants in a free initiative aimed at supporting homeowners’ associations (HOAs) in long-term planning for maintenance and major repairs.  APCHA will fund 100% of the study costs, which amounts to nearly $167,000. The studies will seek to understand the financial health of HOAs in relation to future ...
  • Owner wonders why Condominium Act limits board member terms while HOA Act does not (FL)
    Question: The Florida Condominium Act, Section 718.112, limits condominium board member terms. Why are HOA boards not included in this statute?   Read the Q&A………………………………..
  • Texas sues Colony Ridge development for fraudulent real estate practices
    Texas Attorney General Ken Paxton sued the Houston-area developers of Colony Ridge on Thursday, accusing them of deceptive sales, marketing and lending practices that allowed their sprawling housing development to flourish.Residents of Colony Ridge filed dozens of complaints for years about the development to state agencies, but Texas had little to show for addressing those ...
  • Waging War on HOA Weeds
    Why is it that the plants you want to keep green and living always brown and wilt, while the weeds you try to kill flourish and drive you nuts? It’s a problem that plagues every yard, in every community, no matter in what part of the country you live. While the problem is inevitable, there ...
  • Virginia woman battles HOA over tree removal after fallen tree killed her husband
    A Virginia woman who says she cut down the trees in her yard after one fell on her house and killed her husband last year finds herself in a dispute with her homeowners association.  Allan Lee was taking a shower last July when a tree crashed through the house and killed him.   Read the article…………………………….
  • Real estate lawsuit settlement upends decadeslong policies that helped set agent commissions
    A powerful real estate trade group has agreed to do away with policies that for decades helped set agent commissions, moving to resolve lawsuits that claim the rules have forced people to pay artificially inflated costs to sell their homes.  Under the terms of the agreement announced Friday, the National Association of Realtors also agreed ...
  • Condo Smarts: Do standard bylaws change? (BC)
    Dear Tony: Is there a chance the Standard Bylaws of the Act will ever change? It would significantly reduce the number of agreements we would require for owners to be responsible for the changes owners are making for EV charging, heat pumps, furnace conversions and balconies.  We are a mix of an apartment style building ...
  • Fire hits previously burned, boarded-up condo in Des Moines Friday morning; (IA)
    After this condo experienced a blaze in January, it was boarded up and was not supposed to be occupied due to previous fire damage.  The first of numerous crews arrived on-scene at 5:39 a.m. with heavy smoke coming from the building, and with several police officers complaining of smoke inhalation.   Read the article…………………………….
  • Dos and Don’ts of Election Challenges in Community Associations (FL)
    Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its ...
  • The Construction Defect Bills (CO)
    The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains ...
  • Realtors’ Settlement Will Lower the Cost of Selling a Co-op or Condo (NY)
    The National Association of Realtors (NAR), a powerful organization that has set the guidelines for home sales for decades, has agreed to settle a series of lawsuits by paying $418 million in damages and by eliminating a bedrock of the industry: the 6% sales commission.   Read the article…………………………….
  • New law means an HOA can’t stop you from hardening your home against wildfires (CO)
    A new state law voids homeowners’ association rules that prevent residents from using building materials that are more resistant to wildfires.  Gov. Jared Polis signed the legislation this week. In a statement, he said the new law should help homeowners safeguard their homes and save money on insurance.   Read the article…………………………….
  • HOA Homefront: Must our manager attend the board meeting? (CA)
    Dear Kelly,  Is it legal for the board of a community to host a meeting without including representation from the HOA’s management?    Read the Q&A………………………………..
  • Residents evacuated after crane collapses onto condo complex in Norwood (MA)
    A crane collapsed onto a condo complex in Norwood Friday afternoon, but no one was hurt, according to authorities.  Crews arrived to find the crane resting on a building that was under construction.   Read the article…………………………….
  • HOA’s have different rules what it means for Police and streets (WA)
    The city of Liberty Lake is known for its winding paths, street trees and homeowner’s associations. Recently, however, residents of some neighborhoods have been questioning the services they receive from the city, particularly police patrols and traffic enforcement.  Many neighborhoods in Liberty Lake were built by Greenstone Corporation, which set up HOA’s for each neighborhood. ...
  • Lauderhill leaders address public safety concerns at HOA event (FL)
    City leaders gathered with department and homeowners association representatives Thursday to discuss a lengthy agenda of issues impacting Lauderhill, including public safety, taxes, code enforcement and storm water management.  “We do this community leaders breakfast about once every three to four months,” Commissioner S. “Ray” Martin said. “The idea is to make sure that we ...
  • New York Court Decision Highlights the Importance of Corporate Guidance for Board Member Protection (NY)
    A recent New York Appellate Division decision (Cortlandt Street Recovery Corp. v. Bonderman) underscores the significance of retaining experienced corporate counsel to protect both corporations and their board members from potential liability. The court rejected the plaintiff’s attempt to hold various related entities collectively liable for the actions of one, highlighting the complex challenges in ...
  • River’s Edge Golf Course sold to homeowners association (OR)
    The River’s Edge Community Master Association announced its purchase of Bend’s River’s Edge Golf Course.  The members of the association closed the sale and received the recorded title to the property on Friday morning.  “This is a wonderful day for the community,” said Jeff Kramer, president of the association. “We saved the golf course, and ...
  • With Green Bridge closed, HOA worries about emergency response times, home values (MO)
    The recent closure of a century-old bridge in rural Christian County is causing concern among homeowners along Smyrna Road. They say the diagonal route, now severed, is a vital connection between the rural Rogersville and Ozark areas.   Read the article…………………………….
  • Condo residents facing carport collapse aftermath (ID)
    A carport collapse at an Idaho Falls condominium more than a week ago is still causing frustration for the people who live there.  The carport at the Westwood Park Village Condos fell on top of about a dozen cars causing the some serious damage.    Read the article…………………………….
  • Jim Slaughter presented with the Don Buck Lifetime Contribution Award as a legal trailblazer and thought leader shaping the future of community association law.
    Jim Slaughter, president of Law Firm Carolinas’ six offices, has been honored with the Don Buck Lifetime Contribution Award at the Community Association Law Seminar in Las Vegas. The award, presented by Community Associations Institute’s College of Community Association Lawyers (CCAL), recognizes attorneys who demonstrate exceptional commitment to the community association industry.   Read the article…………………………….
  • Feesible Launches Special Assessment Insurance Protection Product for HOA & Condominium Homeowners
    Feesible, an insurance provider focused on empowering homeowners in community associations, today announced the launch of an insurance solution helping to protect HOA homeowners by providing coverage from special assessments for HOA maintenance, repairs and replacements.      Read the article…………………………….
  • Study: Homeowners Associations Are Booming
    About 75.5 million Americans reside in a community that’s governed by a homeowners association, representing more than 30% of the U.S. housing stock, according to the Foundation for Community Association Research (link is external). And that number is expected to spike, as the foundation expects more than 3,000 new HOAs to form in 2024 alone.  ...
  • Prosecutors won’t seek death penalty after woman accused of killing pastor in HOA dispute (NV)
    Court documents report the neighbor confronted the pastor and his family in front of his home after he made complaints about her to their homeowner’s association. Though the lawsuit does not name the HOA it says quote: “The homeowner’s association knew or should have known that Defendant would likely perform violent actions against deceased and ...
  • What Makes a Home………Business? (CO)
    The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.  The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply!     Read the article…………………………….
  • As Home Insurance Costs Soar, 6 Million Owners Decide to Skip Coverage Altogether
    As costs rise nationally, more than six million homeowners are reportedly skipping home insurance, which adds up to a total of $1.6 trillion worth of unprotected houses.  A new study by the Consumer Federation of America, an association of nonprofit consumer organizations, finds that 7.4% of homeowners don’t have insurance, leaving them exposed to major ...
  • Say What? Court Says Boards Can E-mail (CA)
    The Court of Appeals for the Fourth Appellate District recently handed down a landmark decision impacting HOA governance. In LNSU #1 v. Alta Del Mar Coastal Collection Community Association, the court delves into the issue of e-mail communications between board members. For better or worse, the court essentially eviscerates the transparency component of the Open ...
  • Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD)
    The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5.  House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years.     Read the article…………………………….
  • Massanutten Property Owners Association asks SCC to delay water rate increase as condemnation case drags on (VA)
    Rockingham County is currently in a court battle with the Massanutten Public Service Corporation in an attempt to take over Massanutten Mountain’s private water system.  Last April, at the request of Massanutten residents, Rockingham County Supervisors voted to file for condemnation against MPSC due to its abnormally high water rates and other service-related issues.  As ...




Comments are closed.