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April 24, 2007     Vol. 4 Issue 8 
News 
AZ: Gates give homeowners sense of safety, real or not   Lt. Alan Laitsch, who oversees Paradise Valley's patrol division, said property crimes such as burglary, theft, mail theft and criminal damage, are typically lower in gated communities because the chance for opportunity is far less. Laitsch, who has been with the department since 1988, has seen a definite drop in crime at Finesterre, which originally was not gated.

CA: Redondo condo group sued in legal dogfight  A homeowners' association violated a Redondo Beach condominium owner's rights by not allowing her to keep a dog she says is necessary for "psychological comfort and companionship," claims a lawsuit filed in Los Angeles Superior Court.

LET IT ALL HANG OUT   She has heard that her drying habits have been discussed at a homeowners association meeting, but no one has contacted her. "I think they shouldn't be allowed to restrict this," she said. "It's not very environmentally friendly." A lawyer friend suggested that if the issue comes to a head, she should fly an American flag from her clothes-hanging pole. A federal law that took effect last year prohibits homeowners associations from restricting residential displays of the flag.

Between the homeowners association, the Coconino National Forest and the local fire department, hundreds of thousands of dollars have been invested in protecting this area of about 800 lots, with the homeowners' association having the enforcement authority.
WI: No contest plea in condo fee-bilking case   A McFarland woman entered no contest pleas to 19 felonies Friday for bilking several area condominium associations that contracted with her to handle finances out of more than $140,000.

FL: Homeowner's Association Taking Construction Company To Court Over Poor Craftsmanship  Toll Brothers Home Building Company bills itself as a luxury home builder. But some Central Floridians said their community is anything but.

NJ: CPA Enters Plea; Hefty Sewer Bill Started Inquiry  It seemed a wise business arrangement, asking a long-time accountant to help handle the financial affairs of one of the borough's largest beachfront resorts.

FL: Analyzing finances of condos and homeowner associations can be tough  Paying fees and special assessments is a fact of life that owners accept when they buy. Each association handles its finances differently, so "there is no way you can comparison shop,"

WY: Park handed over to Wyoming homeowner association  The Edges of Wyoming, one of three planned communities in Wyoming, is getting a small park.

FL: Daily Survival: Help in dealing with the condo commandos  The prevailing wisdom is that you were provided with all the rules and regulations before you bought your property and knew what you were getting into. Yes, that forest they killed to regulate your homelife is legally binding and they fully expected you to read it before you signed it, like it or not.

CA: Great views three hours a day  ROCKSLIDE REFUGEES: Two months after the debris came crashing down, some residents still can't get back into their Telegraph Hill condominiums for more than a few hours at a time

Q: I have just been elected treasurer of our condominium association. Recently, I read that a property manager in Virginia may have embezzled thousands of dollars from associations with which he was associated. I am scared because I am ill-equipped for this task. What can I do to safeguard our association's money?


NJ: CPA admits stealing from Crest condo association   A Medford-based certified public accountant admitted Thursday that he took about $338,000 from the Acacia Condominium Association in Wildwood Crest and deposited the money in his own account

A 60-year-old Cathedral City woman has been charged with embezzlement for allegedly taking more than $361,000 in a homeowners association scam.
If you're like most homeowners, you've probably never given much thought to whether your neighbors pay their mortgages on time. You've got enough to worry about.

CA: Property Manager Liable to Unlicensed Contractor's Worker - C.A. A professional property manager is jointly and severally liable for payment of workers' compensation benefits owed the employee of an  unlicensed and uninsured contractor for injuries sustained while working on a condominium building, the Court of Appeal for this district has ruled.

Communication between two homeowner associations remains cut off because of the possibility that a lawsuit between the two associations could re-emerge in court.
A disabled Harford County man who won a case he brought against his condominium association because they wouldn't install a ramp is now appealing the ruling.

2007 Advertising Policies and Rate Sheet
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Articles 
More Owners Are Removing Community Association Boards the Wrong Way and for the Wrong Reasons

Richard BrooksMeetings of community association boards are rarely enjoyable; given the option, most people would usually rather be doing something else.  But the board meeting I attended recently was particularly unpleasant.  The room was crowded, the atmosphere was tense,   and the owners, who were shouting, listening, or both, clearly weren’t happy. Neither were the board members, who were targets both of the owners’ anger and of a petition to remove the trustees from office.   Read More
 

Overcoming Resistance To Your Reserve Fund’s Contributions Plans (Part II)

Graham OliverSometimes it’s the Board itself (or, at least, some of the Board’s members) that water down recommendations to increase funding to the reserve plan.  And sometimes it’s the unit owners.  It doesn’t matter a whole lot who it is, what does matter is that it happens and it’s dangerous. We’ve prepared a 3-part article that begins with an overview of the problem’s seriousness.  Part Two examines the role the Board plays both in being part of the problem and part of the solution.  And the final part gets into the reasons owner’s offer for coming out against increases. Most importantly, we add suggested remedies.  We provide a number of things that right-thinking Board Members and owners can do to help ensure that proper funding schedules get voted for, passed, and implemented.  Part One and Part Two are available today. Read More (Scroll down to article title)


HOA Reserve Failure Modes

Richard ThompsonReserve planning is something that every homeowner association, regardless of size, should do because the HOA is entrusted with very expensive assets that affect member home values. Failure to maintain them causes home values to fall. The "reserve study" breaks down common elements into components and analyzes their current cost of repair or replacement and predicts when that event should take place. Reserve components come in all shapes, sizes and values. They are not all created equal.  Read More
Educating Owners and Promoting Harmony in Your Community

From Condominium to Gated Community, the common thread is people. A diverse village is created within each association. Finding ways to educate and encourage members, and at the same time protect and preserve their physical assets, can be challenging as well as rewarding. As more and more people are moving into community associations for the first time, it should be a priority for board members and community association managers to develop a sense of belonging and ownership for each new member. Educating them from the start in a constructive way can plant the seed for a long-term positive relationship within the community.  Read More
[Management]  Negotiating the Contract: Good Relations Develop When Terms Are Clear

The management contract defines the relationship between the condominium and management company, but the document's provisions frequently receive only cursory review or discussion by the condominium board. If troubles crop up down the road, they often can be traced to a failure to include expectations, rates of compensation, and specific legal duties and roles in writing in the contract. Read More (First article on page)
Thinking of Running for the Board? Eight Questions You Need to Ask Yourself

First Do I have the time to devote to my duties and responsibilities as a board member? Being a board member can consume significant amounts of time each month. Don’t volunteer if you don’t have the time to do the job right or can’t attend meetings.  Read More
Giving Facilities an Information Edge

Though the changes happening today are evolutionary, new technology is bringing steady gains to facility management. Better technology makes facility organizations more intelligent and more nimble, getting the right information to the right person faster than before. The payoff is better and quicker decisions that are implemented sooner. And emerging technology promises to transform the industry much as direct digital controls did when they emerged in the ‘80s.  Read More
Limited HOA Amenities

Homeowner associations often come with common amenities which all members can enjoy. Examples include a clubhouse and pool. While not all members may use them, they are available for use, so all members share in their maintenance and repair. There are other common amenities, however, that are limited in use to certain members, because there aren't enough for everyone. Two common examples include parking spaces and vehicle storage facilities. Read More
Are You in the Zone?

Besides the usually Covenants, Conditions, and Restrictions (CCR's) or Rules & Regulations in your homeowner association declaration, the association can also access and review the ordinances of its local municipality. Your city, town, or county will generally have a complete set of zoning ordinances that are laws that govern residential, commercial, or industrial development. These ordinances cover a wide range of architectural, health, and safety standards that can aid your association in protecting and enhancing property values. Most municipalities have posted the Zoning Codes online. This makes a quick review easy, and more importantly a wise choice when reviewing architectural submittals, enforcing CCR's, or providing an alternative for homeowners who are seeking additional resolution to disputes with neighbors.  Read More
 
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Editor's Notes 
We're adding data to the state pages for the revised web site, and that includes the directory pages.  Remember, the directory listing is for service and product companies, that work with community associations.  The directory provides links to web sites only.  If you don't have a web site, you won't be listed, after all, this site is internet based.  If you want to be listed send company name, HQ city and state, and web URL to webmaster@
communityassociations.net


Joe
 
What's New in the Blogs
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Condo & HOA Technology   "Storm" Virus and "Gadgets"

Townhome Association - MN -
Can your association afford needed capital improvements?"

Michigan Condo & HOA Law - "What should I be looking for in a mixed-use development?"

Matthew Winton's Oklahoma Condominium & Homeowner Associations Blog - "Collection of condominium and homeowner assessments"

Community Associations - New Jersey Law Blog - "Condo or Co-op? What is right for you?"


Colorado Homeowners Association Law Blog - Covenant Enforcement - the Golden Rule

California Condominium Law - "Occupancy Restrictions"

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