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December 4, 2007     Vol. 4 Issue 23 
News 

MD: As Number of Homeowners Associations Grows, So Does Number of Complaints
Complaints against condo and homeowner's associations across the state are becoming increasingly frequent as more and more of these common-ownership communities are built, state officials said....

NC: Man at Odds With Homeowners' Association Over Clothesline  Not everyone is laughing, though. Reck recently received a notice from his Wake Forest neighborhood's homeowners' association saying that a neighbor had complained about the clothesline and that the association does not allow them....

CO: Boulder Housing Authority may go smoke-free    Boulder County is considering snuffing out smoking inside Boulder Housing Authority-managed apartment, condominium and townhouse complexes - and health officials would like homeowners' associations to weigh similar bans in private buildings...

WA: Condo owners struggle for views as Seattle rises  This tale of two towers raises questions about the city's rules for tower spacing, the process for notifying neighbors and reviewing potential effects, and the obligations of a developer to tell buyers about plans for adjacent projects....

CO: Village Seven residents roll up sleeves to improve area  So Ballard had an idea. Instead of forcing people to cut their grass, kill weeds, fix fences and paint their homes, the board would help. The "Neighbors Helping Neighbors" program was born....

FL: Can mother be blamed for adult's driving?
A legal battle between a homeowners association and a resident is fun to write about when one side is clearly nutty and the whole dispute seems trivial....

Canada: Condo owners sue over cigarette fire
Several condominium dwellers are suing a neighbour couple and the City of Edmonton after a fire allegedly caused by a cigarette damaged their homes and property....

MO: Three Alarm Condo Fire In Shrewsbury
Firefighters from several departments responded to the scene of a three alarm fire at a condo complex in Shrewsbury Saturday night....

IL: A Case of Christmas
A Loretto Towers Condominium resident has bolstered the building's history by adding annual Christmas cheer. More than a decade ago, resident Bob Case took up with gusto where a few past residents left off with Christmas decorations in and around the building...

NY: Housing discrimination hits disabled hardest
Sydney Germansky's case was close to a hearing before it was resolved. His condo complex for seniors in Airmont wouldn't give the World War II veteran a parking place that accommodated his van with a wheelchair ramp. He had to fight to be moved from a spot whe...

FL: Condo Complex Settles Lawsuit Against Insurer  A hurricane-damaged condominium complex in remote southeast Polk County has settled a lawsuit with its insurer and finally can start on millions of dollars in repairs, its attorney said this week....

Housing Counsel: Foreclosures, Unpaid Dues Strain Condo Boards  I'm hearing a lot these days from condominium board members who are under stress because of financial problems at their associations....

NY: Drawing a Line on Outdoor Clothes Drying
Since the 1950s, the Census Bureau has documented the increasing number of women in the workforce and the lengthening of the typical commute, which reduces the time available for household chores. But today, even those in the suburbs who want to hang laundry a...

NY: Former judge proposes condo and co-op 'bill of rights'    Samuel Levine was a single-family homeowner for more than four decades before moving into a cooperative building in Long Beach in 1999. Confronted by what he calls secrecy in the operation of condo and co-op buildings, the former judge decided to take action....

AZ: Judge rules in Shores case
After more than a year of turmoil, the Shores conflict at Ventana Lakes in nearly closed. A judge ruled Nov. 19 in favor of residents of the neighborhood within the Property Owners Association, who sued the association over the maintenance of their shorelines...

VA: Owner of wall faces foreclosure
A Spotsylvania man continues to accrue thousands of dollars in debt because of a crumbling retaining wall on his property that has been in disrepair for more than a decade....

TX: Actions of community association disputed
Last year, the homeowners association required each of the 92 homeowners to pay $4,000 for road, taxiway and runway repaving. But one homeowner said only part of the job was done. "As it turned out, none of the roads got done. It seems like the runways and tax...

FL: More condo owners in South Florida failing to pay fees  It's the neighbors who must make up the money when condo owners don't pay their share of maintenance fees and special assessments....

FL: Buttocks Sign Rejuvenates Neighborhood Cam Battle   Fleming said the homeowner's association president told him that it was going to take up legal action to have the signs removed, the report said....

CA: Condo owners feeling crunch of increased association costs   After 22 years in a condominium in San Mateo, it's not the mortgage payments that are weighing on Moxi Posner. It's the homeowners' association dues....

CA: Smoking suit fails in small claims
A woman has lost a legal battle against her homeowners' association over secondhand smoke from her neighbor's condominium...

The Right to Dry  A simple piece of rope hangs between some environmentally friendly Americans and their neighbors. On one side stand those who have begun to see clothes dryers as wasteful consumers of energy (up to 6% of total electricity) and powerful emitters of carbon dioxi...

OR: Builders put heat on buyers with cold feet
Facing a painful sales slump, two of Portland's largest condo developers are taking a hard-nosed stance toward buyers trying to back out of their purchase agreements....

AZ: Neighbors fear group home
Residents of Quail Hallow in Apache Junction fear the addition of a halfway house near thier homes may disrupt the neighborhood and could lead to a variety of potential problems....

CA: Oceanside woman takes Robert's Rules seriously   Before each homeowners association meeting during which she takes minutes, Willeen Hasler has before her on the table a copy of Robert's Rules of Order, a copy of the association's rules and regulations, and a kitchen timer....

VA: Norfolk man charged with theft, fraud worth $72,000    Summers then used funds from the condo association's bank accounts to pay some of the initial credit card bills, the court papers say. Later, the bills went unpaid....

UT: Eagle Mtn. family fights lien on home
The Nielsons moved into their home in July 2006 and received a notice of default from The Ranches at Eagle Mountain Homeowners Association in November of that same year. Heather Nielson sent the association's attorneys a letter saying she was sorry for the mis...

TX: Neighborhood Bars Convicted Sex Offenders
An Amarillo, Texas, subdivision has barred convicted sex offenders from owning or living in any new home in the community....

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


2007 Advertising Policies and Rate Sheet
Word Doc      PDF
Articles 

Formal Consensus  

Richard ThompsonWhen it comes to decision making in homeowner associations, parliamentary procedure (like Roberts Rules) is often the basis for making them. It provides a systematic and efficient way to get business done. However, parliamentary procedure is based on the democratic notion of "majority rules." Sometimes you win and sometimes you lose. Americans have come to think this is the best option. While the system works pretty well, there is another process for decision making called "Formal Consensus."   Read more:


Management in Crisis: Maintenance Meltdowns

Every property manager has a horror story or two—or three, or four, or forty-seven—about the sub-zero winter night when the boiler in a 400-unit high-rise went kaput, or what happened when the sprinkler system decided to turn on for no discernible reason and drenched several newly-remodeled hallways, or the spring rainstorms that helpfully revealed the dire condition of the building's World War II-era roof by flooding the penthouse owner's collection of Picassos. Even the best-maintained buildings sometimes experience what might be called maintenance meltdowns, and when disaster strikes, it's up to the management, board and building staff to get things under control and back on track as quickly as possible. Let's take a look at some major maintenance meltdowns, and how they were handled.   Read more


Taking Charge

You’re part of the board in a new condo. You’ve heard board service can be tough. You don’t know the half of it. Be afraid. Be very, very afraid. And then follow this simple but crucial commandment: thou shalt organize right now. “It’s so critical for new condo owners to get organized quickly,” says Kathleen Schmidt, 54, the treasurer of the board at The Lenox, a new red brick and limestone condominium rising 12 majestic stories above the intersection of Lenox Avenue and 129th Street in Manhattan. Schmidt speaks from experience. She has lived in various co-ops and condos for two decades and has served on boards for 15 of those years. “In a new condo,” she explains, “you have a one-year warranty with the contractor to present your grievances. A lot of people don’t even realize they’ve got that one-year window to get satisfaction.” If you want to get satisfaction from your newly bought, newly constructed condominium, what steps should you take? There is no guidebook for running a condo – and many unit-owners fly by the seat of their pants, often right into a newly constructed brick wall. How can you avoid – or at least minimize – the challenges of taking charge?   Read more


Is the office becoming irrelevant?

A growing number of Americans are using their offices just as places to touch down for meetings or catch up with colleagues, with their real work being done remotely, from home, on the road or simply wherever they can set up their lap-top or Blackberry.  A poll by remote services firm Citrix Online has found more Americans are performing at least part of their job from virtually anywhere at any hour of the day, thanks to online and wireless technology.  Read more


The Right Fit

The Indian Rocks Board has already taken two of the most important preliminary steps that experts recommend in choosing a manager who will best fit the community: assessing your community's needs and preparing a detailed job description. Surprisingly, many association boards don't take the time to develop their criteria before launching a search or find it difficult to assess their community objectively, several manager search firm executives say. "For them to be able to find a manager who fits their personality and fits their community well is very challenging," says Julie Adamen, president of Adamen Inc., a recruiting firm in Poulsbo, Wash., and a member of CAl's Foundation for Community Association Research board. "The criteria should not be 'do they live nearby and do they work cheap?' Read more

Criminals, Creeps and Kooks in Condos

At the monthly board meeting members come forward with the following reports: There is a "peeping tom" living in the community; An exhibitionist is displaying his "charms" in the subdivision; a member may have Alzheimer's disease and parades unclothed through the subdivision at night; a known mentally disordered sex offender ("MDSO") moved into the complex; a member is "hostile and aggressive", and makes death threats against his neighbor. Now what do you do? These questions, drawn from real cases, present extremely difficult legal questions for the board of the homeowners association. Does the board have a duty to take action? Are there legal limitations that constrain action of the board? Read more

The What-if Situation

As a former Property Manager, I was always concerned about a disaster occurring at a property such as fire, flood or blood, and if I was prepared with the staff or vendors that had become familiar with the property nuisances to effectively deal with emergencies in a timely manner. I have dealt with disasters monetarily from $2,000 up to $2,000,000.   To deal with these, I pursued a number of advanced designations to become qualified to help in these situations. Prior to earning advanced designations each potential candidate must typically complete a case study within a specified time frame on a particular property. I have taken segments from the case studies I completed and incorporated them into this article. Read more (Word Doc)


More News 

CA: Temecula HOA hosts Marines  Some of the Camp Pendleton Marines were a thousand miles or more from their families, but residents of Paseo del Sol turned an association clubhouse into a home away from home on Thanksgiving, serving up cornbread stuffing and four varieties of turkey....

CO: Fire leaves families homeless for 7 months... and counting   In April, her Sheridan condo received smoke damage from a fire which started in a neighboring condo. Now, seven months later, Mikus and two other families are nowhere close to getting back in their homes....

VA: Did HOA Funds Finance D.C. Restaurant?
A civil lawsuit filed in Washington, D.C.�s Superior Court in October 2007 claims that as much as $800,000 of funds allegedly embezzled from the clients of Koger Management Group, Inc. might have paid for a 49 percent interest in a posh Washington steak house...

OH: Owners of condos flooded in 2006 can collect insurance  More than 16 months after a historic flood destroyed their riverfront condominiums, about 100 residents will get insurance settlements to buy new homes and pay off debts....

FL: Local Homeowners Left In Limbo When Homebuilder Goes Bankrupt   When the nation's oldest homebuilder, Levitt and Sons, went bankrupt, it left behind a big mess for dozens of Central Florida home buyers. Several lost thousands of dollars in deposits, others have lost their home warranties and some are even getting threateni...

CA: Arraignment in embezzle case
About 10 frustrated homeowners said they would attend this morning's arraignment of Linda Balch, accused of embezzling more than $100,000 from the Woodbridge Townhomes Homeowners Association in Nevada City, an alleged victim said Tuesday....

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Editor's Notes 
As the year winds down, so are the number of new articles available.  I expect most of the authors will be taking the December Holidays off, so the final issue of 2007 will be a look back at what we consider the most important stories of the year, and what to look forward to in 2008


Joe

New Audio/Video
Irrigation Automation
Ladera Ranch's Central Irrigation System and "Smart" timers for your home. Did You Know that LARMAC, saves about $815,000 and 350 million gallons of water a year using technology to efficiently irrigate the community's 750 acres of award-winning landscaping, parks and fields? How does it work? Did you know that similar technology called "Smart" Timers are now available for residential irrigation. Did you know that the local water districts offer rebates for installing "Smart" timers? Our third episode, "Irrigation Automation" will take you on a VIP tour of Ladera Ranch to answer all of these questions and more! View Video
 

What's New in the Blogs
The Institutional Memory of Associations

If Your CC&Rs Require EQ Insurance - What Should You Do?

Landmark court decision regarding the interpretation of the Michigan Condominium Act.

Manager Regulation - Is Colorado Next?

Dear Managers and Board Members...

FCC Bans Exclusivity Contracts

Rambo at the Reins: When Boards Abuse Their Power




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