Articles About Documents and Rules for Condominium and Homeowner Associations
Amending Documents in Condominium and Homeowner Association
- Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
- Compliance with State and County Recording Requirements For Amendment Filings Is No Easy Task (OH) November 13, 2023When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the County will refuse to record the amendment. Read the article…………………………….
- Amending Your Governing Documents – Why, When, & How to Make Changes October 6, 2023In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary somewhat from community to community. Read the article………………………………..
- Time to Give Your Governing Documents a Tune-up? (NY) September 30, 2023Like the family car, co-op and condo governing documents need periodic tune-ups if you want to avoid costly breakdowns in relations between boards and residents. The “mechanic” guiding these tune-ups will be the board’s attorney. Here’s a check list: Read the article…………………………
Creating Rules & Regulations for Condominium and Homeowner Associations
- How Condos are Reassessed (IL) March 19, 2024The job of the Assessor’s Office is to calculate a fair market value for your property. The market value is how much your property could sell for based on the current real estate market. For residential properties, including condos, your property’s assessed value equals 10% of its fair market value, per Cook County ordinance. Read the article…………………………….
- Lawmakers Advance Bill To Stabilize Soaring Insurance Costs For Condo Owners (HI) March 19, 2024Hawaii lawmakers are seeking to stabilize Hawaii’s condominium insurance market against sharply rising premiums and a declining availability of hurricane insurance that has sent ripples through Hawaii’s housing market. Read the article…………………………….
- Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain March 19, 2024The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned. Read the article…………………………….
- Des Peres Alderman Pleads Guilty To Federal Charges (MO) March 19, 2024In light of his recent guilty plea to federal charges of embezzling, longtime Des Peres Alderman John E. Pound has withdrawn from the April 2 election. Pound, 80, pleaded guilty on March 7 in St. Louis federal court to three counts of wire fraud over a period of 14 years for embezzling more than $200,000 from a condominium association in the Central West End, according to the U.S. District Court for the Eastern District of Missouri. Read the article…………………………….
Creating Rules & Regulations Archives
Enforcing Documents & Rules
- How Condos are Reassessed (IL) March 19, 2024The job of the Assessor’s Office is to calculate a fair market value for your property. The market value is how much your property could sell for based on the current real estate market. For residential properties, including condos, your property’s assessed value equals 10% of its fair market value, per Cook County ordinance. Read the article…………………………….
- Lawmakers Advance Bill To Stabilize Soaring Insurance Costs For Condo Owners (HI) March 19, 2024Hawaii lawmakers are seeking to stabilize Hawaii’s condominium insurance market against sharply rising premiums and a declining availability of hurricane insurance that has sent ripples through Hawaii’s housing market. Read the article…………………………….
- Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain March 19, 2024The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned. Read the article…………………………….
- Des Peres Alderman Pleads Guilty To Federal Charges (MO) March 19, 2024In light of his recent guilty plea to federal charges of embezzling, longtime Des Peres Alderman John E. Pound has withdrawn from the April 2 election. Pound, 80, pleaded guilty on March 7 in St. Louis federal court to three counts of wire fraud over a period of 14 years for embezzling more than $200,000 from a condominium association in the Central West End, according to the U.S. District Court for the Eastern District of Missouri. Read the article…………………………….
- Four Lakes Task Force Files Motion to Expedite Homeowners Association Appeal of Special Assessment (MI) March 19, 2024The governing body of the four lakes and dams in Midland and Gladwin counties is hoping a court will expedite an appeal filed by a homeowners association. Last month, the Heron Cove Association, formed to protest a special assessment by the Four Lakes Task Force to repair and reconstruct the Edenville, Secord, Smallwood and Sanford dams after the May 2020 flooding, filed an appeal of the assessment, claiming the taxes slated to be levied against property owners in the special ...
Enforcing Documents & Rules Archives
General Articles About Documents & Rules
- Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA) March 18, 2024For 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…………………………….
- Everything you need to Know about HOA Bylaws, Regulations and CC&Rs March 4, 2024As much as we might not like to admit it at times, homeowners associations have rules and regulations in place for a reason. Mostly, they are for community safety and structure. If you find yourself questioning whether your HOA has the authority to regulate a certain item or action, check its governing documents and bylaws, as well as your state and local laws. If you’re a board member, you need to realize the importance of clear, coherent rules and governing ...
- Video Surveillance Policy for Your HOA March 4, 2024From time to time, homeowners request copies of video surveillance footage. In general, the unwritten policy has been to not provide copies to homeowners. Should we have a written policy? What would it look like? While it’s not necessary for the board to have a written policy when it comes to providing surveillance footage to homeowners, a policy can help prevent issues or disputes. A written policy ensures requests for surveillance footage are handled in a uniform and fair manner. ...
- Why Condo, Cooperative, and HOA Boards Need a Legal Eye on Their Documents February 28, 2024As a board member or property manager for a condominium, cooperative or HOA, you shoulder significant responsibility. You make decisions impacting the finances, safety, and quality of life for a whole community. Your actions are, of course, guided by your entity’s governing documents – but were these documents designed to protect the association and its members in the best way possible? Read the article…………………………….
General Articles About Documents & Rules Archives
Dispute Resolution for Community Associations
- Dealing with Difficult Owners in an Association March 13, 2024Living in a community can offer many benefits, such as shared amenities and a sense of community. However, associations come with their own set of challenges, particularly when dealing with difficult owners. Whether it’s disagreements over rules and regulations, or disruptive behavior, addressing these issues requires a delicate balance of assertiveness, diplomacy, and adherence to established procedures. Read the article…………………………….
- Here Is How To Handle a Homeowners Association Dispute the Right Way February 17, 2024People seem to have a love/hate relationship with Homeowners Associations, or HOAs. Some love them, while others will never live in another HOA community again. Disagreements and disputes can arise between residents and the HOA, causing tension among residents. And these tensions can be stressful. And sometimes, they can drastically increase the cost of homeownership. Read the article…………………………….
- Condo, Coop, HOA Board vs. Dissidents – Navigating Contentious Times February 8, 2024In the intricate realm of community associations, addressing the process of compelling a vote to remove a board is a crucial but often overlooked aspect. One of the primary challenges arises when the sitting board refrains from calling a special meeting, necessitating potential litigation funded personally by the owners or shareholders. Read the article…………………………….
- Avoiding and Mitigating Owner Disputes in Community Associations (FL) December 20, 2023With neighbors living in close proximity to each other, all mutually bound by set rules and edicts, communities with associations are oftentimes fertile ground for spats and disputes. The best boards of directors and property managers understand that disputes between owners may arise from time to time and should strive to settle them as reasonably and quickly as possible in order to promote community harmony and quality of life. Read the article…………………………….
Pets in Condominium and Homeowner Associations
- HOA president: Neighbors ‘very afraid’ German Shepherds at center of legal fight will hurt someone (VA) February 27, 2024In a phone interview, David Rusk, president of the BrookAnnLeigh Homeowners Association — the neighborhood where Smith lives, said he has personally witnessed the dogs “tormenting” cattle in the neighborhood and behaving in what he described as a threatening manner. According Rusk, there has been a pattern of multiple German Shepherds escaping from Smith’s property and roaming as a pack. Read the article…………………………….
- Miami Herald Column on Addressing the Presence of Crocodiles in Community (FL) February 22, 2024he article, which is titled “Crocodile in Community Generates Effective Response Chronicled in TV Newscasts,” focuses on a couple of recent news reports on 7 News Miami (www.wsvn.com) that illustrated how potentially dangerous wildlife incursions can impact local communities. It reads: . . . The first report chronicled how residents at the Bay Colony Club in Fort Lauderdale woke up to scary sight: a scaly saltwater crocodile lounging the day away on their dock. The large and potentially dangerous reptile ...
- HOA Homefront: Reader wants to know, ‘Is my dog allowed?’ (CA) February 17, 2024Q: I am hoping you could help me with my HOA that’s trying to remove my daughter’s support dog because of its weight and breed. They are threatening to come and have her removed because she got too big. Can they do this? It would devastate my daughter if they took her dog Read the Q&A………………………………..
- HOA board learns dog parks are expensive (NV) February 6, 2024Q: I am the vice president of a homeowners association in Las Vegas, which is considering establishing dog parks. I would like to talk to a HOA that has dog parks but have not been able to find any.Read the Q&A………………………………..
- 14 Condo Assn’s. Fined for Sea Turtle Violations (FL) December 22, 2023Under Marco’s Sea Turtle Lighting Ordinance, “after one warning in a calendar year, excluding an irreparable event (a sea turtle dies) the following shall apply:” Read the article………………………………
Renting in a Community Association
- Woman and elderly disabled mother caught in battle between landlord and condo association could be evicted after paying rent (FL) December 13, 2023A woman and her elderly mother are caught in a battle between their landlord and his homeowner’s association. And it could end with the women out on the street. Read the article………………………….
- PBC Owner: Condo says I can lease my unit, but renters can’t use pool, etc. Can they do that? (FL) November 26, 2023Question: Our condominium has several recreational/common areas — swimming pools, saunas, tennis courts, a small gym/workout room, a billiard room, etc. Our board limits usage to some of the areas to owners only. I was under the impression that tenants have the right to use all common/recreational areas that owners enjoy Read the Q&A………………………………
- HOA Q&A: Can our Association legally implement restrictions on renting units, houses? (FL) November 25, 2023Q: I am on the Board of my Association and am writing to ask your opinion on a matter that has been under discussion among the members of my Association. We have been experiencing a large number of sales of units in the development recently. The problem we are seeing is that some of the new buyers are intending to use their unit for rental purposes. Read the Q&A…………………………..
- Condo board failed to document rental ban and now unwanted neighbors are moving in (FL) November 5, 2023Question: I live in a 16-apartment condo run by a homeowner board. About 13 years ago we voted to disallow any renting in our building. We have turned down many people who wanted to rent. At this point two owners sold, and the new owners rented immediately. Read the Q&A……………………………..
- Can A Homeowners Association Prevent You From Renting Your Home October 11, 2023Homeowners Associations (HOAs) are common in many neighborhoods, providing a set of rules and guidelines to maintain the appearance and quality of the community. However, one area where HOAs can sometimes exert control is in homeowners’ ability to rent out their properties Read the article……………………………
Parking Issues in Condominium and Homeowner Association
- New agreement puts parking problems at Ski Time Square Condos in rearview mirror (CO) March 14, 2024After 17 months without on-site parking, the homeowners association for Ski Time Square Condominiums has reached an agreement with the DBT Development Group that will provide both a short-term and long-term resolution. Read the article…………………………….
- To Tow or Not to Tow – Towing Regulations Governing Community Associations (CO) March 1, 2024Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis. Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize parking convenience for residents. These rules may limit the number of vehicles a resident may park within the community, restrict parking locations, establish permissible time frames ...
- A Parking Primer (FL) February 26, 2024So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less parking spots than today’s laws require. In the 1960s, a 100 unit condominium building consisting of 1, 2 and 3 bedroom units could be built ...
- Introduction to HB 24-1051 (Tow Carrier Regulation Bill) and Its Potential Impact on HOAs (CO) February 2, 2024The Tow Carrier Regulation Bill (HB 24-1051) was recently introduced during the 2024 legislative session. In part, it can potentially adversely impact private and commercial entities, including community associations, that oversee and enforce parking regulations on their property.Read the article…………………………….
- Condos lose special street claim (NY) December 26, 2023Two condominiums adjacent to Franklin Place, a mid-block alley in lower Manhattan, asked that Franklin Place be designated as a fire apparatus access road in order to prohibit parking next to condominiums. Read the article………………………………….
Noise Issues in Condominium and Homeowner Associations
- Noise Complaints – What Are a Condominium Corporation’s Obligations? (ON) August 8, 2023In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the day and night”. Much of the sound was alleged to be attributable to a baby who was residing in the upper unit. Read the article………………………..
- Court sides with neighbors, files list of injunctions for A.J. Hammons house parties (IN) July 24, 2023The neighbors, along with HOA sought to keep Hammons from having any parties at the home of more that 20 people. In court documents filed Friday, the court ruled that no Indiana laws would allow such a restriction, however, a list of injunctions were filed to address the nature of the parties. Read the article………………………..
- Oak Cliff neighborhood hiring police officers to stop 4th of July illegal fireworks, gunfire (TX) July 3, 2023Residents in Oak Cliff said they’ve been fighting for years to stop fireworks and gunfire during the Fourth of July holiday. This year, the HOA is hiring extra patrols to keep the neighborhood safe and quiet, especially for the elderly. FOX 4’s Rebecca Butcher spoke to those in the neighborhood who said the commotion has been out of control. Read the article………………………..
- Australia: Noisy Strata Neighbours – The Top Noise Complaints June 13, 2023Strata apartments come with many perks for owners and tenants but of course, there’s also a downside with one of the biggest complaints being noise. As more and more people enjoy apartment living noise complaints have increased in recent times by 33%* and they continue to rise. Read the article………………………..
- Neighbors, HOA, file lawsuit against house on Fall Creek Road (IN) May 27, 2023Court documents show four people and the Harrison Run Homeowner’s association have filed for a temporary restraining order and for preliminary injunction against the owner of the home. Read the article………………………..