Articles About Documents and Rules for Condominium and Homeowner Associations
Amending Documents in Condominium and Homeowner Association
- Fixing Your HOA’s Governing Documents April 25, 2024Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Read the article…………………………….
- 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………………………………..
Creating Rules & Regulations for Condominium and Homeowner Associations
- The Importance of Professional HOA Contracts (GA) April 26, 2024Community associations cannot accomplish all the tasks they are responsible for without getting outside professionals to help maintain and service their assets. With every agreement to provide a service or to supply materials comes HOA contracts. Read the article…………………………….
- Condo owners in costly fight vs. developer (IA) April 26, 2024The five women estimate it has cost $50,000 so far to sue to try to gain control of their condo association, and here’s the kicker: They are also paying the attorney’s fees of their adversary as their case winds its way to Iowa’s Supreme Court. Read the article…………………………….
- What’s next for condominium insurance? Current realities and what condo boards can plan for (ON) April 26, 2024In recent years, we navigated a challenging insurance environment known as a “hard market”. This term describes a period when multiple factors make it more challenging to secure and maintain suitable insurance coverage. In essence, the insurance companies were paying out more in claims than they were collecting in premiums. Read the article…………………………….
- Rising insurance costs push aspiring condo buyers into a tough spot (HI) April 26, 2024Housing affordability is getting squeezed by a new pressure — the cost of insurance. At a recent residential real estate roundtable held by Pacific Business News, industry leaders expressed concerns that soaring insurance costs are pushing home ownership further out of reach for many. The condo market is getting hit especially hard. Read the article…………………………….
Creating Rules & Regulations Archives
Enforcing Documents & Rules
- The Importance of Professional HOA Contracts (GA) April 26, 2024Community associations cannot accomplish all the tasks they are responsible for without getting outside professionals to help maintain and service their assets. With every agreement to provide a service or to supply materials comes HOA contracts. Read the article…………………………….
- Condo owners in costly fight vs. developer (IA) April 26, 2024The five women estimate it has cost $50,000 so far to sue to try to gain control of their condo association, and here’s the kicker: They are also paying the attorney’s fees of their adversary as their case winds its way to Iowa’s Supreme Court. Read the article…………………………….
- What’s next for condominium insurance? Current realities and what condo boards can plan for (ON) April 26, 2024In recent years, we navigated a challenging insurance environment known as a “hard market”. This term describes a period when multiple factors make it more challenging to secure and maintain suitable insurance coverage. In essence, the insurance companies were paying out more in claims than they were collecting in premiums. Read the article…………………………….
- Rising insurance costs push aspiring condo buyers into a tough spot (HI) April 26, 2024Housing affordability is getting squeezed by a new pressure — the cost of insurance. At a recent residential real estate roundtable held by Pacific Business News, industry leaders expressed concerns that soaring insurance costs are pushing home ownership further out of reach for many. The condo market is getting hit especially hard. Read the article…………………………….
- Bill Seeks to Raise Emission Caps, Delay Penalties for Garden Co-ops and Condos (NY) April 26, 2024City Councilmember Linda Lee, a Queens Democrat, has introduced a new bill that updates an old idea. The bill, known as Intro 0772, seeks to delay penalties and increase carbon emission caps for thousands of buildings that must comply with Local Law 97. Read the article…………………………….
Enforcing Documents & Rules Archives
General Articles About Documents & Rules
- Regulations and Statutes March 25, 2024Homeowners Associations (HOAs) play a crucial role in maintaining the integrity and value of residential communities across the United States. However, managing an HOA involves navigating a complex web of state and federal regulations, as well as adhering to community bylaws and governing documents. Read the article…………………………….
- Governing Document Reviews and Amendments (OH) March 23, 2024It is important for boards to be familiar with and to regularly review their community’s governing documents. The governing documents of a community generally consist of the declaration of covenants and restrictions (often referred to as declarations), the code of regulations/bylaws, the articles of incorporation, and possibly, rules and regulations, and these documents provide the foundation for every action an association takes Read the article…………………………….
- 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 ...
General Articles About Documents & Rules Archives
Dispute Resolution for Community Associations
- Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations April 17, 2024In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. Read the article…………………………….
- Why might a resident take your HOA to court? (CT) April 15, 2024Running a homeowners association (HOA) can be incredibly challenging at times. Residents won’t always agree with everything you do, despite you doing them to protect the interests of the HOA and the residents in general. Dealing with a legal challenge from one or more residents can be frustrating, time-consuming and costly for an HOA. Understanding some of the most common reasons for challenges can help you anticipate and, hopefully, avoid them. Read the article…………………………….
- How To Effectively Handle Conflict in Your Community April 5, 2024When people live in a community, there is bound to be occasional conflict. Homeowners associations (HOAs) and Condominium associations are no different. Conflicts may arise between homeowners or between the board and homeowners. No matter the reason for the conflict, how you handle it will greatly affect the atmosphere and overall well-being of your community. Thus, you should employ the strategies found in the rest of this guide for effectively handling conflict in your HOA or Condominium association. Read ...
- How to Oust Your Condo Board or HOA March 27, 2024Close to 30% of Americans live in a property governed by a condo board, homeowners association (HOA), or other community association—more than 70 million people. These associations are generally responsible for property upkeep, enforcement of community rules, and acting as a go-between for residents when disputes arise. Most people have a good or at least neutral experience with their condo board or HOA, but not everyone does. Read the article…………………………….
Pets in Condominium and Homeowner Associations
- Homeowners look to protect families, pets from coyotes — if HOAs allow it (NV) April 24, 2024Dangerous encounters with coyotes across the Las Vegas valley have caught the attention of many concerned about the safety of their families and pets. Some residents of the Green Valley community in Henderson have called the neighborhood a “haven for coyotes.” Others admit to being concerned that the animals roam the area. A local company, AR Iron, says it offers a solution. Read the article…………………………….
- How six local homeowners associations humanely kept 300 goose eggs from hatching (IL) April 23, 2024Last year, over 300 eggs were prevented from hatching in just six local homeowners associations. Robeson Meadows, Westlake, Timberline Valley North and South, Trails of Brittany and Ponds on Windsor all participated in a training workshop given by Friends of Geese (friendsofgeese.com). Residents of the HOAs were taught the egg depredation process Read the article…………………………….
- Neighbor Cries ‘Fowl’ Over Chicken Ban (FL) April 22, 2024Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these rules will be enforced in the future? How can the association ensure that it equally applies its rules to everyone? Read the Q&A………………………………..
- Is Your Co-op Vulnerable to Unauthorized Pets? The Pet Law is a Beast (NY) April 22, 2024In the case of 360 E. 72nd St. Owners Inc. v. Wolkoff, a New York State Court in Manhattan handed down a decision regarding pets in cooperative buildings that co-op boards and property managers should beware. The outcome underscores the importance for co-ops to take prompt legal actions when dealing with residents who violate pet-related house rules and the risks of delaying enforcement. Time is of the essence. Read the article…………………………….
- Evicting geese with dogs, umbrellas and laser pointers April 20, 2024Canada geese are big, pretty birds when seen from far away, but when they get close to people they cause big problems. “Well, they poop every step they take,” said Shirely Perry, president of the Windham Lakes Homeowner’s Association. “They make a big mess and they do attack people, especially when they are nesting.” Read the article…………………………….
Renting in a Community Association
- Overcoming the Challenge: Ensuring Renters Adhere to Community Guidelines (CA) March 28, 2024In the vibrant tapestry of community living, harmony and order are often maintained through carefully crafted rules and regulations. These are commonly referred to as Covenants, Conditions, and Restrictions (CC&Rs). These guidelines serve as the backbone of residential communities, ensuring that each member contributes to the neighborhood’s overall aesthetic and functional harmony. Read the article…………………………….
- 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……………………………..
Parking Issues in Condominium and Homeowner Association
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on ...
- Colorado Senate to consider bill to further regulate towing industry April 24, 2024Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal. Read the article…………………………….
- Sweetwater condo residents upset after their cars were towed; management says vehicles didn’t have valid parking permits (FL) April 10, 2024Residents at a condo in Sweetwater woke up to find their cars gone, and they were shocked when they found out who had towed them. 7’s Heather Walker investigates. No one wants to start their day this way. Arely Correa, car towed: “We got up early in the morning to go to work, and we were surprised when both of our cars went missing.” Read the article…………………………….
- 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 ...
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………………………..