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November 20, 2007     Vol. 4 Issue 22 
News 

CO: HOA says mother of fallen soldier has to take down flag  Last Friday, her homeowners' association sent her a notice telling her that the display violates the HOA's rules and regulations. The notice stated that the flag, which is placed on a "common element," is not allowed. It continued on to say that Sims could pla...

CA: San Carlos smoke suit goes to court
A San Mateo County small claims court commissioner on Monday heard a lawsuit filed by San Carlos resident Suzie Parano seeking $7,500 in damages because of secondhand smoke from her downstairs neighbor....

Toronto the condo king of North America   Toronto is the busiest condominium market in North America and has already shattered previous yearly sales records despite rising prices....

N.C. coastal fight builds  The Figure Eight homeowners association has spent $15,000 this year on three lobbyists, including former Democratic Lt. Gov. Dennis Wicker and Peter Hans, a former top adviser to Republican U.S. Sens. Richard Burr and Elizabeth Dole, according to state records...

FL: New condo conversions bring broken promises  Their first home should be their joy. But Michelle Fernandez and her fiancé, Efrain Uribe, are bitterly regretting buying a place from a developer converting a high-rise apartment complex into condos in North Miami Beach....

CO: A solution that holds water
Conserving rainwater is a common-sense solution for renewable water needs in new developments and areas relying on nonrenewable groundwater supplies. Today, it is simply illegal to put a cistern on your property, capture precipitation and use it to water your ...

CA: From dreams to debt  Residents of Copper Canyon in Murrieta watched in astonishment as a group of investors snapped up homes in their middle-income community last year, paying $50,000 to $100,000 more than the sellers wanted. Today, the front yards are browning, overgrown with wee...

IA: Showdown looms over Village Cooperative
Village Cooperative vs. the Pebble Creek Homeowners Association. They're combatants in a boxing match, punching and counterpunching, bobbing, weaving, jabbing, each looking for the opportunity to land a haymaker....

CA: Behind the gates: When you make a deal, stick with it  In homeowner associations, much like anywhere else in society, agreements for improvement projects are made and, for what ever reason, changes to the design are made after the contract is signed and before the project is finished. Everyone believes there is a ...

MO: Cheated residents' group will inherit man's condo
The 88-year-old is now a felon as well, who avoided prison after agreeing Friday to deed his own condo to the association after his death to repay money he stole from owners' dues....

TX: Cypress group wants to ban sex offenders
A Cypress homeowners association wants to ban registered sex offenders. Keeping out sex predators might seem like a slam-dunk proposal, but at least one woman in the Cypress Point and Cypress Point Lake Estates subdivisions thinks it's a bad idea....

AZ: Home Owners Association Debate
A new rule created by a Home Owners Association (HOA) board in an eastside neighborhood has many families upset. The rule bans play and sports equipment, like basketball hoops, trampolines, and skateboard ramps, from being located in the front yard of homes i... 

MS: Right to rent homes at stake in Northbay suit  When Madison residents Andy and Lorrie Bourland had difficulty selling their house in Northbay in 2006, they did what they say would come naturally to any homeowner: they decided to lease it out. The board members of the subdivision's homeowners association ha...

NY: Airmont residents upset over condominium repairs  A dispute between residents and the developer of the Retreat at Airmont has led the village to withhold the developer's letters of credit, which it had posted to guarantee parts of the project....

AZ: Continental Ranch in garbage dispute
Something stinks in Continental Ranch, and it's not just the garbage cans. In Marana's largest neighborhood, a battle is brewing among residents, the community association and two trash-hauling outfits over whether homeowners have the right to choose who picks...

FL: Grabbing politics by its brown grassroots
But for me, the most important election on my personal calendar is just heating up. That's right, it's election season for my homeowners association....

FL: Condo owners lose bid to void bills for bulk cable TV service  Paying for cable TV will continue to be mandatory in condo and homeowner association communities where the boards have signed contracts for bulk service....

AZ: Senior Life: What's your HOA up to? Do you even know?
OK, before you get your shorts in a knot reading the headline, let me explain the reason for preparing this column. It seems that election mania is under way, and homeowners associations (HOAs) are in the thick of it this time of year....

FL: Homeowners sue to lift veil of secrecy
Homeowners in Cory Lake Isles, an exclusive New Tampa community with brick-lined streets and a sandy beach, have paid more than $4.6-million in the last five years for maintenance and operations. Yet some of them say they do not know how their money is being s... 

NC: Carborro Condo Cuts Down Water Consumption  If you've every wondered whether one person can make a difference in saving water during the drought, someone did just that at a condominium complex in Carrboro....

HI: Disabled access dispute resolved with settlement  A disabled resident of the Menehune Shores and the condominium owners association have resolved an access dispute in which the owners association will pay $200,000 and promise to maintain nondiscriminatory policies....

NV: Is your street light draining your pocketbook?  About 25 percent of the homeowner's dues go to pay the gas bill. Too much for Rob Rovere. "Gas is expensive. With gas lamps always on 24/7 in the bright summer, bright sun, running... which means your gas meter is running. Chi ching. That's the same sound I he...

CO: HOA-basher mostly silent, but she vows to keep fighting  On Oct. 24, 4th Judicial District Judge Thomas Kennedy issued a damning judicial smackdown to Jackson, 75, a retired administrative assistant. Kennedy rejected her claim the board had illegally changed neighborhood covenants and increased dues. And he upheld ...

FL: Condo fraud cases prompt calls for advice
With more than 100,000 people serving on at least 30,000 condominium and homeowner association boards in Florida, it's not surprising that a few have tried to take advantage of their position....

IL: Marina Towers Owns You
Because of the architectural significance of our building, the condominium association holds a common law copyright on the use of the association name and building image. This means under federal and Illinois law, advertisers, movie-makers, and others cannot u...

NJ: Hovnanian Loses 40% of Deals ; Tighter Loan Market Blamed  Hovnanian Enterprises Inc., New Jersey's largest home builder, said 40 percent of its customers canceled contracts to buy homes in the fourth quarter as stricter lending standards made it tougher to obtain mortgages...

IL: Vintage condo owners seek sprinkler relief
Owners of condominiums in Chicago's vintage residential buildings urged a City Council committee on Thursday to relax a three-year-old high-rise sprinkler ordinance that relatives of those who died in a Loop high-rise fire have argued is too weak already....

MD: Kettering residents battle with association
With eight days left before ballots must be turned in for the Kettering Community Association's board of directors, controversy is swirling around the upcoming election....

TX: Homeowners associations may team up on gas leases  Several large south Fort Worth homeowners associations might team up to try to negotiate a gas lease offer as a group...

IL: Next-door condo owners in dispute with Spire developer  The condo owners in the River View complex next to the proposed Spire skyscraper are fighting a plan by Irish developer Garrett Kelleher to build a portion of the tower's foundation on a narrow strip of land owned by their condominium association....

IL: No-stroller rules in condo elevators banned
On Tuesday, the council's human relations committee approved a Burke-sponsored ordinance that makes it a crime, punishable by a $500 fine, for condominium associations and landlords to declare passenger elevators off-limits to people pushing strollers....

AZ: Shores hits the courts
THE ISSUE: Homeowners in the Shores community, a subdivision in the Ventana Lakes Property Owners Association, and the association board are disputing over who is responsible for the maintenance of the shorelines in the neighborhood....

See all of the latest national, legal, regional and state news


2007 Advertising Policies and Rate Sheet
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Articles 

It is a Girl Thing (Or, the 8 Self-Imposed Limitations Women Routinely place on themselves) 

Julie AdamenGuys – you can stop reading right now and just flip to the jobs section because I am going to devote this article to the women of our industry. And some parts of what I going to discuss may not be pretty.  In the past 9 or so years as an industry recruiter and consultant, I’ve learned a lot about what makes people tick. From managers I’ve heard complaints, stories, excuses, and heroic efforts to make things work for themselves and others. I’ve spent a lot of time talking folks out of trees, so to speak, and a lot of time providing them a place to vent. It has been a fascinating window in to people’s psyches. Over half of those people are women. And as you can imagine, there is a great difference between men and women in what they do, want, think and vent about. And there is a huge gap between the two when it comes to overall industry advancement[1]  and in my opinion, much of that gap is attributable to the self-imposed constraints, or limitations, women place on themselves. These constraints often lead to great professional frustration for women.   Read more:


The Value of Professional Advice

Community association board members sometimes compare their role to that of a ship’s captain steering an oversized vessel through uncharted waters during a raging storm. That analogy will sound overly dramatic only if you have never served on a board or advised one. A ship, after all, has a single captain, responsible for setting its course and dictating its movements – and that captain is almost certainly a professional, with many years of experience at sea. A homeowners association has a committee at its helm, consisting of volunteers, not professionals, many of whom have never steered a common interest ownership community before and whose experience in other sectors has done little or nothing to prepare them for the task.  Read more


What Happens When an Association Is Abandoned by a Property Manager, and/or Records are Destroyed?

Nobody wants to think about the unthinkable, but what if a property manager abandons your association? What do you do? You have relied on the property manager to take care of association business; now it is apparent that s/he has clearly failed to act on your behalf over a period of time without your knowledge, even though you have been paying her/him to do so. Help is not readily available; therefore, you must be prepared to quickly address the predicament. Immediately hold an emergency Board of Directors meeting to address the situation.   Read more

Richard ThompsonHOA Newsletter Gold

Homeowner association newsletters are a great way to enlighten, inform, remind and encourage. Inviting the membership to HOA events and meetings helps neighbors meet neighbors. Frequent reminders of important rules or architectural policies helps build a friendlier and more harmonious community. Recognizing volunteer efforts encourages others to step up. Newsletters needn't be long and involved, just relevant. The more you do it, the easier it gets. Here are some tips to make your newsletters pure gold:     Read more


Tips from the Trash Police  

Contrary to popular belief, trashcans are not yard art! Most managers and board members have experienced the age-old problem of dealing with the common deed restrictions relating to trash and trashcans. Almost every set of governing documents that I have dealt with over the years contains provisions that address refuse and refuse containers, particularly storage of the containers used to hold refuse. Your governing documents likely require that containers used for storage of refuse must be stored so as not to be visible from the neighboring properties, common areas or streets within the community. Although such a provision sounds simple on paper, those who have attempted enforcement know first hand that it is not a simple task.   Read More



Broderick PerkinsForeclosure Fallout Landing On Neighboring Homes

Foreclosures in your neighborhood don't just cost homeowners their homes -- as if that wasn't bad enough -- they also depress nearby home values and rob the tax base for as long as two years.    Read more

Top Ten Condo Defects

  1. LOOSE BALCONY RAILING - Newer construction must not allow a 4" sphere to pass through the railing openings. Older buildings may have loose railings and cracks at railing bases due to corrosion and concrete spalling

  2. EXHAUST VENTS - Bathroom vents either have lint build-up or are not working. Dryer exhaust vent needs cleaning. Lint restricts the air circulation, requiring the dryer to run longer and is a fire hazard. The dryer should vent to the exterior and the vent hose should be free of lint.

Read more


Six Traits of Effective Board Members

Clearly there are some behavioral basics of good board service. They include regular meeting attendance, responsiveness to the organization’s requests, mastering how the organization works, how it is financed, and what its challenges are. Success in these matters rests on both the board and staff members’ level of effort and candor. We have seen vivid examples of failure to follow the basic rules: board members being blind to what is really going on, self-interest trumping the duty of loyalty, and time wasting. So the basics are not yet common practice, which is one reason why BoardSource is so important.   Read more

Is Your Reserve Budget Just an Illusion?

[Ed. note: Although written for California, with references to its guidelines, this is a good article on reserves]

Law firms have seen an increase in claims for defective budgets in recent years. These claims arise when associations find out that what they thought was a solid budget turns out to be an illusion. The financial protection they expected has vanished upon closer inspection. Budget issues most often arise in conjunction with condominium conversions, but we have also seen them associated with newly built projects. Because the damage that a community association can sustain from a budget that has not been adequately prepared can be significant, we have delved into the budget process to give our readers a look at the procedures and issues that accompany reserve budget preparation.  Read more

When Dogs Run Wild - Dos and Don'ts In Controlling Pets

With the seeming increase in dog-related issues appearing on the nightly news, associations are faced with questions as to how and to what extent an association may regulate dogs kept in the community. Unless there is a specific prohibition contained in the association’s declaration, an association may not restrict dogs or other pets from being kept in the community.  However, an association may adopt reasonable rules relating to the use of the common areas by residents with dogs and requiring them to be responsible for the acts of their pets.  Identified below are general guidelines as to what an association may and may not regulate in relation to pets.   Read more

2nd Hand Smoke
Poyck v. Bryant, 820 N.Y.S. 2d 774 (N.Y.S2d Misc.  2006) (from DIRT)

Landlord of condo unit may be liable under implied warranty for impact of second hand cigarette smoke emanating from neighboring unit owned by others and from common area controlled by others. Read more

Water: From Trouble to Treasure

....
is a pocket-sized field guide to understanding and advancing green stormwater management, a critical component of a sustainable future. The guide gives community groups, homeowners, and others practical ways to capture raindrops where they fall that are simple, affordable and can replace more costly conventional stormwater approaches. These green solutions include rain gardens, native vegetation, tree planting, rain barrels, and permeable pavement. The guide lays out a vision of restoring the natural ability of landscapes to manage stormwater. It offers immediate steps for groups to get started without extensive funding, expertise, or fear of adverse consequences. Green infrastructure can save homeowners, developers and municipalities money while protecting water quality, recharging ground water supplies and creating more enjoyable landscapes in the process.  Read more (PDF)


Stormwater run-off calculator

A Guide to Alternative Dispute Resolution

When dozens and sometimes hundreds of personalities live together in one space, conflict inevitably will ensue. When passionate individuals serve on boards and are responsible for the overall well-being of the co-op or condo which they serve and the people whom they represent, again disagreements and arguments can arise. And finally, when management works with vendors and contractors and where significant responsibilities and large sums of money often change hands, problems are an everyday part of life.   Read more

 
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Editor's Notes 
Happy Thanksgiving everyone, don't eat too much.


Reminder 1: Last year we thought that there wee an abnormal number of fires in condos and HOA's.  Although we had no hard data to back it up, the stories came one after another.  So, we've started a new news feed just tracking stories about these types of fires.  Beginning October 1, the stories will be available through our RSS feeds and under News on our main menu.  Here is a direct link to the news page

Reminder 2: Don't forget that we now have to divide our mailings over two days in order to get around our mail server's (RoadRunner) arbitrary limit on outbound e-mail.  You'll receive your copy either Tuesday or Wednesday.

Joe

New Audio/Video
On The Commons talks with   Mark Benson.  Mark is a former owner of his own management company, Benson's Inc. which he sold last year. He has earned just about every credential offered to managers, including a  CMCA, AMD, PCAM and is currently a Florida Supreme Court Certified County Court Mediator.  In addition to several other appointments he is a member of the Florida CAM Council.  He is working on a bill that would make managers more accountable for their actions and the advice they give association board members, 
 

What's New in the Blogs
Reform - Not Rants; Innovation - Not Invective

Angry and/or Frustrated Person Strikes Again in HOA

Is your attorney beholden to your management company?

New Foreclosure Law Going Into Effect on January 1st

What is Fannie Mae and Freddie Mac and Why Do They Make a Difference to My Association?

Community Association Legal Audit (Part 1 of 2)

 



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