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Articles About Documents and Rules  for Condominium and Homeowner Associations

 

Amending Documents in Condominium and Homeowner Association

  • A Step-by-Step Approach to Amending and Restating Governing Documents (CA) March 20, 2017 It seems as though the laws change as frequently as the tides. Some years see more legal changes than others – changes that greatly affect the way boards manage the association’s affairs. The laws governing community associations have experienced so much change within the past three to four years alone that it may make your community’s governing documents unreliable, especially as they relate to homeowner rights and the functions of the board, officers, and management. It only makes sense to ...
  • When Should You Update Your HOA Governing Documents? February 27, 2017 Many governing documents are established immediately after the community’s developer completes construction. Therefore, these documents follow a standard set of guidelines that are intended to protect the community–even though the houses are still empty. As the neighborhood or condo complex fills up with residents, a true community emerges and the governing documents may eventually need to be amended to reflect the changing real-life needs of residents.    Read the article………
  • How to Get the Vote February 14, 2017 Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the membership to solicit comments and generate enthusiasm. There are two methods of obtaining the votes. The first is to notice a meeting of the members ...
  • Understanding Governing Documents Restatements (OR/WA) January 31, 2017 The process of amending governing documents is no easy task. Changes to the CC&Rs typically require between 66%-75% of the owners to approve. Bylaw amendments, on the other hand, are a little easier to modify, usually requiring a majority vote of the owners.  But suppose over the years your governing documents have been amended several times. Numerous amendments can make things complicated. When reading the CC&Rs or Bylaws, the reader must frequently refer to the amendments to confirm which sections ...

Amending Documents Archives

 

Creating Rules & Regulations for Condominium and Homeowner Associations

  • All About Executive Sessions for HOA Boards March 24, 2017 Unlike traditional board meetings, executive sessions are held by the HOA board to discuss privileged or confidential material generally tied to disciplinary action or personnel matters. Having a good understanding of when and how to conduct executive sessions can save your HOA considerable time and work in the long run. If you’re not sure what kind of conversations should be reserved for executive sessions, here is helpful guide:   Read the article……………
  • Rio Bravo residents worried about country club closing (CA) March 24, 2017 When you buy a house on a golf course, the value of your property increases in proportion to your views of long sloping fairways, picturesque water features and well-manicured greens.  But what happens when the greens turn brown, the pond dries up and the fairways go to seed?  That’s a question that is worrying hundreds of residents surrounding Rio Bravo Country Club and golf course, which homeowners say will be closing down — going out of business — just when ...
  • HOA Revisions (UT) March 23, 2017 This bill amends provisions related to condominium and community associations.  Highlighted Provisions:  This bill: provides that a condominium or community association shall comply with certain requirements before bringing a legal action against a declarant, a management committee or board of directors, or an employee, an independent contractor, or an agent of the declarant or the management committee or board of directors, related to a period of declarant control or period of administrative control; and provides that certain provisions regarding open community ...
  • Part III of the Breaking Up Series: Leaving the Past Behind You March 23, 2017 n this final installment of my Breaking Up series, I want to talk about what a new board needs to do to get out from under the legacy left behind from an old board, particularly when that legacy is not a positive one.  “The secret of change is to focus all of your energy, not on fighting the old, but on building the new.”    Read the article……………

Creating Rules & Regulations Archives




Enforcing Documents & Rules

  • All About Executive Sessions for HOA Boards March 24, 2017 Unlike traditional board meetings, executive sessions are held by the HOA board to discuss privileged or confidential material generally tied to disciplinary action or personnel matters. Having a good understanding of when and how to conduct executive sessions can save your HOA considerable time and work in the long run. If you’re not sure what kind of conversations should be reserved for executive sessions, here is helpful guide:   Read the article……………
  • Rio Bravo residents worried about country club closing (CA) March 24, 2017 When you buy a house on a golf course, the value of your property increases in proportion to your views of long sloping fairways, picturesque water features and well-manicured greens.  But what happens when the greens turn brown, the pond dries up and the fairways go to seed?  That’s a question that is worrying hundreds of residents surrounding Rio Bravo Country Club and golf course, which homeowners say will be closing down — going out of business — just when ...
  • HOA Revisions (UT) March 23, 2017 This bill amends provisions related to condominium and community associations.  Highlighted Provisions:  This bill: provides that a condominium or community association shall comply with certain requirements before bringing a legal action against a declarant, a management committee or board of directors, or an employee, an independent contractor, or an agent of the declarant or the management committee or board of directors, related to a period of declarant control or period of administrative control; and provides that certain provisions regarding open community ...
  • Part III of the Breaking Up Series: Leaving the Past Behind You March 23, 2017 n this final installment of my Breaking Up series, I want to talk about what a new board needs to do to get out from under the legacy left behind from an old board, particularly when that legacy is not a positive one.  “The secret of change is to focus all of your energy, not on fighting the old, but on building the new.”    Read the article……………
  • Choosing the Right HOA Management Company March 23, 2017 Recently, a board member from a California condo contacted me, asking how to go about selecting an HOA Management company. Their management company had recently been acquired, and the new company was not living up to expectations. Despite combing through reviews, and interviewing perspective HOA management companies, she wasn’t satisfied with her options.    Read the article……………..

Enforcing Documents & Rules Archives

 

General Articles About Documents & Rules

  • Understanding Your HOA Documents March 14, 2017 Understanding your governing documents is essential to every association – without governing documents, an HOA would not exist! These documents serve a specific purpose in the community and allow the association to function.  An association board or individual board member may be held legally liable for failure to follow local, state, and federal laws, or to act in good faith based on reasonableness and good judgment. For these reasons, it is important that board members truly understand their association’s governing ...
  • HOA Homefront: Exclusive use common areas – what you might not know March 11, 2017 Many condominium buyers do not understand what they bought until long after becoming an owner.  Condominiums consist of two elements: A separate interest, called the unit, and an undivided equal share in everything else, called common area. However, there are usually also hybrid areas, called “exclusive use common areas,” devoted to the exclusive use or benefit of a single condominium, Yet they are still a common area.    Read the article………….
  • Association documents can provide answers on condo projects March 10, 2017 When it comes to major construction projects at condominiums, what can the board of a community association do on its own and when does it need the advice and consent of the membership?  For instance, can a condo board opt, for security reasons, to build a wall around the premises without the members’ approval?    Read the article………….
  • What Happens When Condominium Documents Conflict? March 8, 2017 When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores what a Board of Directors should do when the documents conflict and the importance of including a hierarchy of what ...

General Articles About Documents & Rules Archives

 

Dispute Resolution for Community Associations

  • How to Handle Conflict: Check Dispute Resolution Requirements March 22, 2017 Unfortunately, being a friendly neighbor will not always result in a resolution. Let us assume at this point that you have tried to be positive and work with your neighbor to solve issues which are concerning you. Notwithstanding your best efforts, your neighbor has blown you off and shows no interest in addressing your concerns.   Read the article………………
  • B.C. tribunal paves way for cyber solutions to small claims disputes March 20, 2017 B.C. residents will soon be able to sidestep a physical courtroom and fight many small claims disputes online.  Starting June 1, the Ministry of Justice says the Civil Resolution Tribunal will begin accepting small claims cases involving amounts of $5,000 or less.  The tribunal is Canada’s first online mechanism for resolving homeowner association and small claim disputes, but is currently restricted to property issues valued at under than $5,000.    Read the article……………
  • How to Handle Conflict: Try to be Neighborly March 14, 2017 Notwithstanding your best efforts and those of other members within the community, conflict is bound to happen. The key to resolving this conflict without the need for expensive attorneys or hateful battles is in how the conflict is addressed.  While trying to be neighborly within your community makes common sense, it is something that appears to have been lost in recent years. By making friends with your neighbors or at least having a civil speaking relationship with them, you can ...
  • Maximize Mediation: A Guide to Saving Association Legal Fees February 24, 2017 Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job of being personality neutral when disgruntled unit owners call them complaining about some problem they have with another unit owner or the Board. They must be diplomatic as they deal with warring factions that break out among Trustees or Board ...

Dispute Resolution Archives

 

Pets in Condominium and Homeowner Associations

  • Suntree residents restrict allowable pets (FL) March 22, 2017 Gerbils, rabbits, guinea pigs, reptiles and a long list of other animals are no longer welcome in Suntree.  At least on paper.  Residents voted last week to approve a measure that restricts pets in the planned unit development to domesticated birds, cats, dogs and fish. Every breathing pet beyond the latter is on the shunned list.    Read the article……………
  • Pets & Condos March 6, 2017 As cities become more populated and land becomes more scarce, condominiums are becoming a home option of choice for many Canadians. For pet lovers who rent, condominiums are lifesavers, as most properties welcome animals. However, it’s best to be aware of all pet rules and regulations before purchasing or leasing a condominium as these vary per corporation.   Read the article…………..
  • Dog waste dilemma unfolds in Northern Va. town February 16, 2017 A Northern Virginia community has found itself in a messy situation and it all has to do with the removal of several dog waste cans.  The Newgate Homeowners Association Board of Directors removed dog waste cans from their Centreville subdivision last month. Ever since then, residents have complained about dog waste being left all over the neighborhood in inappropriate areas.  The HOA’s board of directors noticed some problems after the removal of those waste cans too. It actually sent out ...
  • How To Get Your Neighbor’s Dog To Stop Barking Incessantly February 13, 2017 Dogs may be man’s best friend, but sometimes best friends won’t shut up and are annoying as shit. It’s especially aggravating when your neighbor’s dog likes to bark all night long, or yap every time you go anywhere near their house. Fortunately, there are some things you can do to make that pup clam up and get the peace and quiet you need without being a jerk.     Read the article……………..
  • Dealing With Cats in the Neighborhood February 3, 2017 If you see a random dog roaming the street, you probably start looking around for the owner because it’s not common for people to let their dog wander around unattended. However, cats are another story. It’s not practical to keep them in the backyard, so even pet cats may start strolling the neighborhood. Stray and feral cats, however, can start to pose a problem when they take over your community.    Read the article………….

Pets Archives

 

Renting in a Community Association

  • Associations Need to Seek Ejectment Rather Than Eviction for Some “Tenants” (FL) March 17, 2017 When the Condominium Act was amended several years ago to allow associations to demand and collect rent directly from the tenants of unit owners who were delinquent in the payment of their monthly fees, community associations thought it was an answer to their prayers. Associations were struggling to recover from the foreclosure crisis, and many homeowners made the decision to rent their units to make some money but, unfortunately, they also chose not to pay their associations.    Read the ...
  • Limitations on Community Association Approval or Denial of Service Member Rental Applications (FL) March 1, 2017 Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of submission. Within that seven day period, the landlord or association must notify the service member in writing of an application approval or denial and, if denied, the reason for the denial. If a rental application submitted by a service member is not timely denied, the landlord or the association must allow ...
  • Condo Tenants: A Potential Asset February 14, 2017 Question: We have been renting a condominium unit in a fairly large complex for the last several years, and our current plans are to stay here for several more years. For financial and other personal reasons, we do not want to buy. However, quite frankly we feel that we are second class citizens in this condominium complex. We recognize that we cannot serve on the Board of Directors. However, we want to get involved in various condominium activities, including the ...
  • Owner Function: Addressing Tenant Issues February 3, 2017 Another source of contention that is almost always avoidable deals with the actions of tenants. As an owner, you are generally responsible for the actions of your tenants within the association. If your tenant violates the association’s governing documents, you will likely receive a warning letter, hearing notice or ultimately you may be served with a lawsuit. This possibility can be avoided by ensuring that you provide copies of all governing documents to your tenant and ensuring your tenants understand ...
  • How to Avoid Being Responsible for Your Renters HOA Rules Violations January 19, 2017 How many times have you been at an HOA board meeting and heard, “it’s the renters who don’t follow the HOA rules” or “our homeowner’s association assessments are increasing because the renters don’t care about our building and following the rules!”  Approximately 4 in 10 homes in suburban America are occupied by renters. If your unit is one of those homes—or about to become one—here are a few tips that will help you and your renters live harmoniously under the ...

Renting Archives

 

Parking Issues in Condominium and Homeowner Association

  • Court Upholds Association Revocation of Parking Privileges (NJ) March 22, 2017 A New Jersey trial court has upheld the suspension of parking privileges against a delinquent condominium owner. In this case, the condominium association adopted a Resolution – based on authority from the governing documents – that revoked parking privileges for habitually delinquent unit owners. The unit owner involved failed to pay his common expense fees and had accrued a substantial balance. After notice and an offer of alternative dispute resolution, which was rejected by the unit owner, the Association revoked ...
  • Autonomous Vehicles: Coming to a Condominium or HOA near you! March 22, 2017 An autonomous vehicle, also known as a driverless car, self-driving car, or robotic car is a vehicle that senses its environment and operates without human input. On December 9, 2016, Governor Rick Snyder signed 2016 PA 332 into law and amended the Michigan Motor Vehicle Code to make Michigan the first state that allows for autonomous vehicles to be operated on a public street or highway. Michigan Senate Bill 995 amended MCL 257.2b(2) and now defines an automated motor vehicle ...
  • Condominium Association Parking Restrictions and Enforcement March 16, 2017 One of the most common problem areas for condominium associations and their property management is parking. Spaces are at a premium in most communities, and issues arise when unit owners and tenants fail to park in their designated spots. Associations and their property managers must be well prepared in order to effectively contend with parking violations.    Read the article………….
  • Clear Lake Residents Ticketed for Parking in Their Driveway (TX) December 15, 2016 City is willing to meet with HOA’s to talk about the program and minimize the number of tickets being issued   Read the article…………..
  • Condo owners renting out parking spaces Airbnb-style (IL) December 7, 2016 Using an app developed in Chicago, Arnold rents one of his spaces to a woman who keeps a car downtown for weekend use, and the other to a man who parks during working hours Monday to Friday. On weeknights and weekends, when that latter space is empty, Arnold occasionally rents it to people coming to the neighborhood to shop or dine.  Arnold, who’s in banking, makes about $400 a month on what he says would otherwise be “wasted real estate. ...

Parking Archives

 

Noise Issues in Condominium and Homeowner Associations

  • Dealing with A Noisy Condo Tenant – Court Declines to Make an Eviction Order March 7, 2017 In a recent case, NNCC No. 6 v. Temedio, a condominium corporation applied to the Court for an order requiring a tenant to permanently vacate the leased unit due to loud noises and voices emanating from the unit, which constituted a breach of the corporation’s rules. The unit owner brought a separate application seeking an order that the lien for legal costs which was registered against the unit, be vacated.     Read the article……………
  • How To Get Your Neighbor’s Dog To Stop Barking Incessantly February 13, 2017 Dogs may be man’s best friend, but sometimes best friends won’t shut up and are annoying as shit. It’s especially aggravating when your neighbor’s dog likes to bark all night long, or yap every time you go anywhere near their house. Fortunately, there are some things you can do to make that pup clam up and get the peace and quiet you need without being a jerk.     Read the article……………..
  • Manhattan man suing noisy neighbor for screaming profanities in West Village co-op building (NY) February 9, 2017 A noisy downstairs neighbor has been an ongoing nuisance to a newcomer in a West Village co-op — banging a broomstick or cane on his ceiling and screaming profanities “at the top of his lungs,” a new lawsuit alleges.    Read the article…………
  • Neighbor Annoyances In Your HOA December 13, 2016 When people live in close proximity, as with homeowner association common wall living, lifestyle clashes are more likely. Noise is the most common complaint followed closely by odors, health and sanitation issues, cigarette smoke and curb appeal. The board is challenged from time to time to sort out various nuisances that interfere with a member’s enjoyment of their property. To intervene or not to intervene? That is the question.     Read the article…………
  • When Residents Are Disruptive: Tips for Keeping the Peace October 17, 2016 Despite living in association, sometimes disputes erupt. Some residents just can’t be reasoned with. They’ll bother the board or other residents in various ways: noise at all hours, smells, maybe even just being a pest. No matter what it is, issues like these need to be dealt with before they become bigger (and more expensive) issues for boards and managers.    Read the article……….