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July 3-4, 2007     Vol. 4 Issue 13 
News 
HI: Condo bills signed   A new law creates a general excise tax exemption for wages and other money paid to the managers of condos, timeshares and hotels. Act 239 was one of four condo-related bills signed into law Monday by Gov. Linda Lingle

CO: Owners ordered to vow HOA support or face suit  On June 16, a group of residents held a special meeting to oust the board. The HOA’s attorney declared the meeting invalid. Now, the HOA board is trying to crush the revolt by demanding all owners (there are 115 lots) sign a document declaring the old board to be the true board. Those who don’t sign will be sued by the HOA board and assessed attorney fees.
FL: Cat's emotional support protects woman's civil rights   The Bazelon Center for Mental Health Law in Washington, D.C. notes that "emotional support animals have been proven extremely effective at ameliorating the symptoms of disabilities such as depression and post-traumatic stress disorder by providing therapeutic nurture and support." These animals do not have to be specially trained.

FL: Stakes are high in association elections   While election complaints involve fewer than one percent of the 20,000 community associations statewide, they are a hot-button issue for the state Condo Ombudsman's Office, which is deluged with complaints in January and February, the peak condo election times, says assistant condo ombudsman Bill Raphan.
NC: Better read the fine print   In North Carolina alone, the number of homeowners associations has grown from 3,000 two decades ago to more than 15,000 today, according to the Homeowner Associations of North Carolina. In the Triangle, the number has soared over the same period from 481 to 2,915.
FL: After long fight, Pembroke Pines condo receives $8 million insurance check   For 18 months, the patched roofs leaked at the Park Place condo complex while the board of directors tried to get its insurance company to fix the damage caused by Hurricane Wilma.

AZ: Veteran, 91, going strong, makes neighborhood 'look decent'   Flores said that before Kopta joined the HOA, the neighborhood suffered from crime, broken lamps, car theft, parking problems and blight. "When Earl became president, things really started to change," Flores said. "He may be 91, but he has the mind of a 30-year-old." Flores describes Kopta as a determined leader and catalyst for change at Fountain Shadows.
OH: Dog's residence in doubt   Jazzman's faults? The lawsuit cites four: He exceeds the complex's 35-pound weight limit for dogs. He mauled a neighbor's smaller dog. He conducts his business where he's not supposed to. And he runs loose sometimes. "It's a big dog and it mauled another dog," said the association's attorney Rex Wolfgang.
CO: At Ski Ranches, a subdivision divided  This is your neighborhood, the Ski Ranches, an idyllic subdivision riven by boiling rhetoric, complaints about spending and charges that the homeowners’ board has been illegally seated. Welcome home.

FL: Condo development seeks funds to repair lakefront  Independence Bay residents recently took out a $700,000 letter of credit out of the roughly $3 million needed to repair the damage caused by Hurricane Wilma to 3,200 feet of shoreline fronting their homes.

CO: After internal drama, a new chapter for King's Deer HOA  It’s a lesson for the 150 or so area HOAs about the dangers of casually doing business and not being open to questions and complaints from residents.
NC: Friends & neighbors  From the beginning, STPOA has also worked to better the lot of all residents of Sunset Beach, backing such issues as bringing the Food Lion and the CVS to the town. In addition, the group's members work together and as individuals as volunteers and contributors to a number of local causes.
FL: More condo residents getting trapped in elevators as buildings age  The elevator at Connie Ross' condo stopped working for the third time in two months. Each time, it took a week to repair.

TX: Homeowner associations flex their muscle   Asa Henry's backyard playground is a kid's delight -- it's at least 10 feet high, with two slides, a fort, swings, ladders. A sign declares it "the private castle" of his two children. It also got him sued.

NJ: Hear crime next door? What to do  Do you call, or are you too scared of being found out? To avoid recognition, do you instead call the landlord or management company? These are the unique dilemmas of apartment and condo, or co-op, dwellers whose close proximity to their neighbors lets them hear things they ordinarily wouldn't, and makes them feel very uncomfortable about getting involved.

MI: Condo owner's site may lead to lawsuit   Cunningham changed the name of the site from "Lake Park Village" to "LPV Sentinel" and posted a disclaimer on the home page. Cunningham, who has lived in his condo with wife Helen for 13 years, said he's simply exercising his right to free speech.

NV: Synthetic turf is all the rage to save water   Bad "lawn day" jokes aside, the Wall Street Journal reported in 2001 that several Las Vegas homeowners' associations, including Siena and Red Rock, have adopted "unofficial policies" against ersatz lawns. While those associations could not be reached for comment, representatives of several other local associations explained that synthetic lawns are allowed, but with restrictions.
CA: Deputies investigating gunfire in Mission Viejo   Garcia, the security guard, told police he had the car towed because it was in violation of the homeowners association's rules, said Lt. Stephen Bernardi, chief of police services for Mission Viejo. Five to seven men approached the security guard and told him to return the car or they would beat him up, Garcia told police.

AZ: Community calm after storm   Bell Esprit, near 41st Street and Bell Road, took a big hit last year when a microburst storm ravaged the 362-home neighborhood causing close to $90,000 in damages to its three retention areas, which are also used as community parks, according to Iran Niedorf, Bell Esprit Homeowners Association president.

CA: HOA meetings to be videotaped   The open board meetings of the CZ Master Association in Coto de Caza will be a lot more open. At their June 14 meeting, the board of directors of the association voted, 3-2, to have their open meetings videotaped and posted on the association's website

FL: A senior attacked as she left her residence last summer is suing condo  She had to be hospitalized and is seeking more than $15,000 in damages because she contends Wood Park was responsible for keeping the area in a reasonably safe condition and that it failed to provide adequate measures to insure her safety.
2007 Advertising Policies and Rate Sheet
Word Doc      PDF
Articles 
Protecting Homeowner Personal Information

How prepared is your association or your management company in today’s high technology world of information? Have you taken the time to evaluate if association data is in compliance with the latest privacy laws in regards to homeowner personal information? More and more personal data is being stolen from “secured” files, by individual(s) who are well versed in breaking through firewalls, security login, and password protected files. If a homeowner’s personal information were lost or stolen from the association database, what is the contingency plan? Are those homeowners notified, and if so, how is this done, when is it done, and how will it affect your association or management company reputation. These are all questions that need to be asked as the risks related to data theft become more significant.

Read More
Going Green is a Communal Effort

When most people hear the term green building, they often think of photovoltaic solar panels, cisterns, wind turbines, or straw bale homes. With these images in mind, it’s no wonder that people think green building is a fringe alternative. But what most people don’t understand about green building is that it fundamentally addresses a number of bad building practices that have become business as usual. As consumers, we assume that we get decent value for our money, but this is no longer the case with buildings. When you are ready to buy a new car, you can compare how many miles to the gallon each model will achieve, but when you go to buy a condo, where is that information?

Read More Also see earlier article "You have to identify energy costs"


 
Send the Kids Packing:  Allowable Age Restrictions for Community Associations

Kids are great -- especially your own. But what if you "did your time"? Your kids are grown, and you're ready to start a new chapter in your life -- without worrying about skateboards and bikes littering the lawn and music thumping and blaring at all hours. In other words, is there a legal way a community association can "outlaw" kids? In a word, yes. But it's not necessarily easy.  Read More


Swimming Pool Maintenance & Operations – Basics to Build Upon

You are a community manager and your community has a swimming pool. You have absolutely no experience overseeing the pool operations. You ask yourself, “what is most important: Safety, Water Balance, Meeting Local Health code.” All items are vital and interrelated. How are you to proceed to maintain this bathing tub? Let's start with the basics – The association hires a professional pool service to perform the majority of the tasks, yet you still need to have general knowledge. Read More
Committee Dos and Don'ts   

Committees can be as beneficial to the members of the board as they are to the organization as a whole. They give board members opportunities to contribute to the work of the board in ways they can't often do in regular meetings. They enable members to use their expertise to benefit the organization. Committees provide more opportunities for board members to learn from each other and get to know each other better. They foster board-staff interaction and cooperation and deepen the board's understanding of the issues that have an impact on the life of the organizations.    Read More


Controlling Vicious Dogs--and Their Owners    

Community associations throughout the nation increasingly are having second thoughts about the aphorism: "Man's best friend is his dog." It sometimes seems as though a biting dog can send the entire community howling to an association's management. The associations have good reason to be concerned. Each year, 800,000 Americans seek medical attention for dog bites; half of these are children, according to the Centers for Disease Control and Prevention. Of those injured, 386,000 require treatment in an emergency department and about a dozen die. Read More


Maintenance………It’s a Paying Job  

Reserve study providers are often asked the question…how long will it last? And our standard answer is…it depends!  There are a number of factors that dictate how long a particular component will last, including:

  1. Type and Grade of Material/Equipment — Generally, the higher the grade, the longer it will last; a high-grade fiberglass-based composition shingle roof can last 50 to 75% longer than a lower-grade asphalt-based composition shingle roof.
  2. Environment — Components will react differently, depending on the environment in which they are placed. For instance, a standard membrane deck surface placed in direct sunlight in a desert environment will not have the same useful life expectancy as the same material placed in direct sunlight in an ocean environment.
  3. Usage — The greater the use, the lower the life expectancy. A standard overhead gate operator placed in a small association will typically last longer than one placed in a large association simply because there is greater wear-and-tear from the increased number of users.
In most circumstances, however, Maintenance the biggest factor in a component achieving the longest useful life. Read More
Landscapes and Architectural Review: Creating a Positive Experience and a Beautiful Community

Now that summer has kicked into full swing, residents of community associations are in the process of installing new and improving existing landscapes.  The associated architectural review requirements and procedures can become a hotbed for controversy and discontent.  However, they don’t have to be.  Here are ways to make the process a positive experience for everyone in your community while creating a beautiful environment.   Read More


Communication is the Backbone of Property Management

Homeowner association boards of directors and homeowners within the association depend on how well a management company corresponds, interacts and responds to them. Poor communication often leads to misinterpretation and even the perception of being neglected. Ultimately, this can affect the actions made by the board, the trust the board has in the management company’s abilities and the ability to meet the association’s expectations or address issues that arise on a day-to-day basis.
  Read More  (PDF)

 
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Editor's Notes 
Don't forget that we now have to divide our mailings over two days in order to get around out mail server (RoadRunner) arbitrary limit on outbound e-mail.  You'll receive your copy either Tuesday or Wednesday.

Also, a reminder about the movement of our news feeds to a  new server. We now have 19 separate news feeds covering the US, International, Legal and Legislative and the Community Association Industry.  You can pick them up as an RSS feed to your computer, or as a Javascript feed that you can host on your web site. Both are updated automatically when new items are posted.  Let the news come to you. Check out the feeds.

Last, we will be posting up the new web site over the July 14th weekend (only 4 months late).  I'm sure the site will take some "tweaking", so its uptime may be sporadic at first.

Joe
 
What's New in the Blogs
California Condo & HOA Law - has been busy with 4 news posts - "Renters at Meetings - Are They Allowed to Attend?"; "HOA Board Soliciting Business - Is It OK?"; "Maintenance Standards - Who Decides What They Shall Be?"; and, "May Resident's Plant Flowers in the Common Area?"

The Community Associations Network looks at The Learning Centre in Arizona as a possible model for other states or municipalities

HOA Legi-Slate looks at "Xeriscaping: An excuse to pave your backyard?"

Michigan Condo & HOA Law asks "What Should I Do If My Attorney Won't Return My Phone Calls"

New Jersey Law Blog -  deals with Open Meetings, Capital Contributions and their podcast cover Fair Housing

California Condominium Law looks at "Mandating Clothes Lines"

New Blog - CondoTrustee has a number of articles to look at including: "Lessons From the Corporate World for Your Condo Association"; "How to Recruit and Hire a New Property Manager"; "7 Great Initiatives for Your Condo Association"
CAN
 
The Community Associations Network
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Welcome to the Community Associations Network E-Newsletter. The newsletter consists of links to news items and articles about community associations from around the country. The Community Associations Network has been created to bring the vast resources of the internet to one location to make it easier to find information and answers to your questions.  CAN is NOT responsible for the content or the articles or news items or for link continuity.
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