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Articles About Documents and Rules  for Condominium and Homeowner Associations

 

Amending Documents in Condominium and Homeowner Association

  • 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 ...
  • Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations? January 19, 2017 What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses. With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home. In addition, with technological advances, many tasks that required an individual to go to their place of employment or an office, can now be done at their ...
  • Need more time for vote? Consider adjournment December 4, 2016 Q: Our condominium documents require the approval of two-thirds of all owners to amend the documents. Our association has spent a lot of time and money preparing new documents for approval. Our meeting is fast approaching and almost all of the votes are in favor of the new documents, but there are just not enough votes. What can we do?      Read the Q&A………….

Amending Documents Archives

 

Creating Rules & Regulations for Condominium and Homeowner Associations

  • Fox Hollow Townhomes owners meet in environmental court, see what needs to be done (TN) February 21, 2017 Owners of some Southeast Memphis condominiums are moving forward with fixing up the blighted properties.  The Fox Hollow Townhomes have been under fire for years for their poor living conditions and the high number of vacancies. On Tuesday, the city said it is in the process of getting the owners of those vacant units to appear in court.  On Tuesday, about a dozen owners were in Shelby County Environmental Court.     Read the article……………
  • Latest (and Greatest) Colorado Construction Defect Reform Bill—SB17-156 February 21, 2017 The lack of more affordable housing in Colorado has been well documented over the last several years, and there have been a number of attempts to address reform of the current laws by legislative action. More than 13 communities with 2.5 million residents have passed local ordinances to promote condo development to provide owner-occupied, multi-family housing by putting in place reforms to reduce the threat of expensive, time-consuming litigation over construction defects. Since 2015, a broad, bipartisan coalition of mayors, ...
  • The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time! February 21, 2017 Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”. Today, the province posted the “legalese version” of it, that is the full version of the proposed regulations. It can be reviewed here.  Keep in mind that this version is only circulated by the province to “facilitate dialogue concerning its contents”. The content, structure, form and final wording is ...
  • What are an Association’s Responsibilities Regarding Record Requests by Owners? February 21, 2017 Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner?   Read the Q&A………….

Creating Rules & Regulations Archives




Enforcing Documents & Rules

  • Fox Hollow Townhomes owners meet in environmental court, see what needs to be done (TN) February 21, 2017 Owners of some Southeast Memphis condominiums are moving forward with fixing up the blighted properties.  The Fox Hollow Townhomes have been under fire for years for their poor living conditions and the high number of vacancies. On Tuesday, the city said it is in the process of getting the owners of those vacant units to appear in court.  On Tuesday, about a dozen owners were in Shelby County Environmental Court.     Read the article……………
  • Latest (and Greatest) Colorado Construction Defect Reform Bill—SB17-156 February 21, 2017 The lack of more affordable housing in Colorado has been well documented over the last several years, and there have been a number of attempts to address reform of the current laws by legislative action. More than 13 communities with 2.5 million residents have passed local ordinances to promote condo development to provide owner-occupied, multi-family housing by putting in place reforms to reduce the threat of expensive, time-consuming litigation over construction defects. Since 2015, a broad, bipartisan coalition of mayors, ...
  • The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time! February 21, 2017 Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”. Today, the province posted the “legalese version” of it, that is the full version of the proposed regulations. It can be reviewed here.  Keep in mind that this version is only circulated by the province to “facilitate dialogue concerning its contents”. The content, structure, form and final wording is ...
  • What are an Association’s Responsibilities Regarding Record Requests by Owners? February 21, 2017 Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner?   Read the Q&A………….
  • Queensland Calls for Feedback on Strata Law Overhaul February 21, 2017 Restrictive laws which require 100 per cent agreement before strata schemes can be terminated could be amended and new powers could be granted to owners corporations in respect of pets, smoking and vehicle towaways as part of recommended changes upon which the Queensland government is seeking feedback.      Read the article………….

Enforcing Documents & Rules Archives

 

General Articles About Documents & Rules

  • Plat Maps and Surveys February 16, 2017 The plat for your community is an important governing document. The plat is an aerial depiction of the lot boundaries, roadways, common areas, and easements. The filing of the plat and declaration is what creates the community. The plat contains a metes-and-bounds description of the development and the dimensions of each lot and unit.  Plat maps can contain very important information. For example, it may show easements, utility line locations, and maintenance obligations–all of which may or may not be ...
  • What Your HOA Should Know About Easements February 2, 2017 Sometimes it’s necessary for someone to access your property. It may be the only way they can reach their home, or it may simply be for fun, such as hunting. If this is the case, an easement may be suggested. Check out everything your HOA should know about easements.  An easement is basically the right to use someone else’s land. It does not grant the person possession of the land, but it allows them to use it. They can’t occupy ...
  • Plat Maps – A 3 Part Series For Homeowners Associations February 1, 2017 In my day job, I primarily manage homeowners associations versus condominiums. Instead of being focused on the buildings themselves, I find myself more focused on the land on which they are built. I often tell people I am a “plat manager”. My day is filled with terms like easement, shared side yards, Native Protected Growth Areas, critical areas, ingress and egress, tracts and a whole slew of various LID BMP. What’s that crazy acronym, you may ask? Low Impact Development ...
  • HOAs Gone Haywire, Part IV: How to Decode Your HOA or COA’s CC&Rs January 27, 2017 Thus far in my HOAs Gone Haywire series, I have discussed the most common issues of life in an HOA or COA community. Disputes and imbroglios go from the mild – you’re ordered by the Association to take down a flag, you find out you can’t put up the fence you planned, a neighbor runs for the Board just to change a law in his favor — to true scandals and legal dramas — embezzlement of Association funds, Board Election ...

General Articles About Documents & Rules Archives

 

Dispute Resolution for Community Associations

  • Keep the peace in condo land (and avoid going to court) with this lawyer’s tips February 21, 2017 On Monday, CBC brought you the story of Jayne Pilot, a Brampton woman who was handed a court summons from her condo board for what she describes as minor backyard infractions — an extra patio chair, and two oversized flowerpots.  ‘I feel bullied,’ says condo owner taken to court over backyard garden items not allowed in bylaws  But court should be the last resort, says Chris Jaglowitz, a lawyer who specializes in condo disputes.     Read the article…………
  • Strategies for Handling HOA Neighborhood Disputes February 13, 2017 In every community, there comes a time where there might be a neighbor-to-neighbor dispute. Typically, these differences stem from a noise complaint, landscaping violations, parking violations or a misuse of a common area. In every instance, it is the hope of the Association that the neighbors can resolve the conflict themselves, but in some cases, there may be a need for the on-site manager or Board to assist in the dispute. However, there needs to be a determination if this ...
  • How to Judge Condo Association Hearings February 9, 2017 You’ve prepared for your hearing and held your hearing – now it’s time for you to decide the outcome. This is the judgment and penalty phase of the hearing process. Unlike the other phases, in this phase, you’re dealing with your fellow Board members. Depending on your Board composition, this may make things harder or easier. Here are the steps to effectively judge Condo Association hearings.     Read the article…………..
  • Keep condo conflict out of court: ‘Mediate, don’t litigate’ February 3, 2017 No one wants strife in their life. We especially want peace where we live. Conflict may be inevitable (in the proximity of community association living), but combat is optional. Disputes in community associations are disagreements among people. Disagreements can arise among homeowners, between individual homeowners and their community associations, or between associations and others. The way these conflicts are resolved can make all the difference to the success of the community. In the condominium arena, threatened lawsuits and racing to ...

Dispute Resolution Archives

 

Pets in Condominium and Homeowner Associations

  • 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………….
  • Geraci’s lawsuit to keep dogs off condo elevators moving forward (IL) January 30, 2017 The wife of a prominent Chicago bankruptcy attorney is moving forward with a lawsuit against her condo association for forcing her to share the elevator with dogs.  A Chicago federal judge has ruled that Holly Geraci’s housing discrimination lawsuit against the Union Square Condominium Association, where she shares a penthouse with her husband, Peter Francis Geraci, can proceed on all but one count.    Read the article………….
  • What You Need To Know About HOA Pet Restrictions January 30, 2017 Recently, we were house hunting in a state saturated with homeowner associations (HOA). It seemed every neighborhood had some type of strict HOA rule. This was our first HOA experience, and we were a bit nervous because we share our home with a Rottweiler and Bull Terrier.  As many pet owners are aware, these dog breeds are usually restricted by insurance companies, HOAs, hotels and so forth. When searching for a home, we were very leery and cautious of HOA ...

Pets Archives

 

Renting in a Community Association

  • 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 ...
  • Oro Valley homeowners lose thousands of dollars in condo rental scheme (AZ) December 27, 2016 She was a person that 30 condo owners trusted to rent out their condo as a vacation rental.  For a while things were good and the homeowners received their money, then something changed with Brenda Sue Cann.  Oro Valley Police say, Cann had an agreement with the homeowners to rent out their condo. Cann would take 25 percent and the owner would take 75 percent of the cost of the rental.  From November 2015 to May 2016, she stopped paying ...
  • Bonita Springs mother evicted despite paying full rent (FL) November 9, 2016 Confusion over the ownership of a Bonita Springs condo led to the sudden eviction of the mother who had just given birth to premature twins.  Michelle Turner said U.S. marshals knocked on her door without warning to serve her an eviction notice. She had no clue that the owner of her home at The Tides at Pelican Landing had forfeited it to the federal government as part of an agreement in a health care fraud case.    Read the article…………..

Renting Archives

 

Parking Issues in Condominium and Homeowner Association

  • 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. ...
  • Using a By-law to Control Parking (ON) November 30, 2016 A recent decision of the Ontario Superior Court confirmed the validity of a condominium’s by-law, which was passed to control parking on the common elements. See the case of Cheung v. York Region Condominium Corporation No. 759.  Here’s my summary of the court decision, from Condo Cases Across Canada (which I author for quarterly publication by the Canadian Condominium Institute).  The condominium’s parking was not originally allocated to any of the units. The condominium corporation passed a by-law to authorize ...
  • Man Concerned About Parking Citation Issued by HOA (FL) November 28, 2016 Southport man is concerned about a parking ticket he found on his vehicle during a recent visit to South Walton.  “When you look at the wording, they try to word it in a way to make it look like it was issues by the Walton County Sheriff’s Office,” said Brandon Waldrip. “And, in fact it wasn’t.”  Waldrip said there were no signs warning him public parking was not allowed on Grayton Street in Seaside. He said it’s not the cost ...
  • Five Tips for Managing a Parking Policy in Your HOA November 14, 2016 Parking is one of the most common challenges for homeowners associations (HOAs). It seems, regardless of the type of community, the same parking situations happen to us all. These may include:    Read the article…………..

Parking Archives

 

Noise Issues in Condominium and Homeowner Associations

  • 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……….
  • Boynton condo owners latest to fight CrossFit noises, room shaking (FL) August 25, 2016 Casa Costa, formerly known as Promenade, on Federal Highway in Boynton Beach is a retail development with views of the ocean and Intracoastal Waterway, and businesses on the bottom floor, including CrossFit Chrome. Workouts feature aspects of weight lifting, gymnastics, running and rowing.  Residents who lived in the condos before CrossFit opened have complained to the property management company and each other about the noises they hear from dropping of weights below them.   Read the article……………