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Community Associations Network
- April 19, 2016
69 views 57 sec

Fiduciary Duty and What it Means for Your HOA Board

Just try saying that five times fast. Not only is it a serious mouthful, it also carries serious legal obligations and potential consequences. As board members, your community has entrusted you with the “power” to make decisions on their behalf and in the best interest of the community. It is your obligation to remove your […]

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- April 9, 2016
23 views 20 sec

How to Run Concise HOA Board Meetings

Being on a homeowners association board means volunteering your time for best of your whole community. It can be an incredibly fulfilling role, but it involves dealing with differences in opinion and finding times to get everyone together.   Read the article…………

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- April 7, 2016
20 views 34 sec

Attorney Tip: Stop the Spread of Smoke Now (NY)

Earlier this year, state Supreme Court Judge Arthur Engoron awarded a co-op shareholder named Susan Reinhard the staggering sum of $120,000 in back maintenance, plus interest and attorney’s fees. Reinhard claimed in a lawsuit that the co-op board at Connaught Tower at 300 E. 54th Street did nothing to prevent second-hand smoke from wafting into […]

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- April 4, 2016
25 views 40 sec

The Drone Debate: Should Drones Take to the Skies at Your Co-op or Condo? (NY)

Drones. Everyone has heard of them. No one is sure what to make of them. Are they destined to be the scourge of the skies? Or are they simply a brilliant convenience that will allow regular folks to complete everyday tasks from the comfort of their computers? While the jury is still out, and will […]

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- April 2, 2016
23 views 26 sec

Is Your HOA Reserve Fund Being Managed Properly?

How you handle your HOA reserve funds really makes a difference in the successful running of your association. The quality of the strategic planning of your homeowners association can actually make or break your community. It’s also really important to the longevity and future investments of your association.       Read the article…………….

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- April 1, 2016
19 views 22 sec

3 Tips to Dodge the Pitfalls of Poor HOA Security

Neighborhoods with HOAs are often very secure places in which to live. However, there are a lot of pitfalls that can affect your neighborhood’s security, making it more vulnerable. Check out these four tips to help keep your neighborhood safe.   Read the article……………

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- March 31, 2016
27 views 27 sec

Is Your Community Association Board Making Sound Decision on Your Behalf?

The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members.

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Community Associations Network
- March 29, 2016
21 views 30 sec

Was your condominium properly expanded under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit. However, the initial configuration of the condominium is […]

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Community Associations Network
- March 22, 2016
27 views 33 sec

Litigating Construction Defects in Community Association Property: Part IV

Once all of the necessary parties have been added to the proceeding and some basic discovery has been conducted, the Board will need to prepare for significant settlement discussions.  Up to this point, the Board likely knows there are significant defects but likely doesn’t have a real concrete understanding of what is causing the problem […]

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- March 21, 2016
24 views 28 sec

A Co-owner Filed Bankruptcy, What Now?

Condominium associations are solely dependent upon the collection of assessments from its members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members. Thus, when a Co-owner files bankruptcy, there is an understandable feeling that all is lost.    Read […]

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Community Associations Network
- March 21, 2016
31 views 17 sec

HOA Repairs: Who Is Responsible?

Repairs and maintenance are part of owning any property. However, for homeowners who live in a neighborhood with an HOA, knowing who is responsible for those repairs may become a little confusing.  Read the article………….

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- March 15, 2016
49 views 18 sec

Can Condo Associations Bar Political Signs in Common Areas?

A tiny political sign triggered a giant-sized dispute in a Colorado condominium, when the association manager said the sign violated an association rule governing common area displays and told the residents to remove it.  Read the article…………

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- March 15, 2016
22 views 30 sec

A Day in the Life of a Condo Manager

A number of years ago (2005) I wrote and article for the CCI Vancouver newsletter called….A Day in the Life…..which laid out a similar timetable but 11 years later I can say that things have not changed much. I have personally been working in the Condos Industry since May 1990 and became an RCM (Registered […]

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- March 11, 2016
70 views 33 sec

Hoarding in Your Condominium: What Every Michigan Association and Property Manager Should Know

As the weather becomes warmer here in Michigan, many homeowners or co-owners undergo the yearly “Spring Cleaning.” Unfortunately, many condominium associations in Michigan face co-owners, tenants or residents who do not maintain the same sanitary living space as their neighbors. At the extreme, hoarders may fill units and/or limited common elements with debris, combustible material, […]

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- March 9, 2016
21 views 25 sec

Time For Your Building to Plug Into Electric Car Charging? (NY)

In 2014, more than 10,000 plug-in cars were on the road in New York State. That number is projected to triple by 2018 and reach 1 million by 2025. It would be natural for an enterprising co-op or condo board to sense an opportunity. After all, someone has to charge all those cars.   Read the […]

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Community Associations Network
- March 8, 2016
24 views 44 sec

Maintaining Roofs: Repairs, Replacement, and Responsibility

A building’s roof serves as the first line of defense against whatever the skies throw at its inhabitants—wind, rain and blazing sun, even snow and ice in some climates—so it’s crucial for that roof to be sound and well maintained. All it takes is one small crack or hole for the rainwater to get in […]

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Community Associations Network
- March 8, 2016
21 views 29 sec

FHA Condo Approval Changes

FHA loans are government-insured housing loans that make it easier for people with low credit, low income or a high debt-to-income ratio to get a home loan. The Housing Opportunity through Modernization Act of 2015 is an act that suggests making changes to these FHA rules in regards to condos. Check out these three important […]

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Community Associations Network
- March 8, 2016
24 views 32 sec

Fireplace Safety in Your Home and HOA Community

For many, the essence of winter is curling up next to the warmth of a crackling fireplace while enjoying the sights of the snow-dusted scenery outside. Unless of course you live in a Arizona or Texas, in which case it’s much less likely that your home will have a fireplace. If you do have a […]

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Community Associations Network
- March 8, 2016
24 views 22 sec

Condo-monium over construction defect fable undone by real Colorado market statistics

There’s only one thing left to do in the controversy over whether Colorado should back off requiring homebuilders to stand behind the condos they build and end so-called construction defect laws: Call it the total bull crap that it is.    Read the article…………

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Community Associations Network
- March 6, 2016
41 views 30 sec

Core Values and Expectations for HOA Board Members

Board members come together from vastly different backgrounds to focus on the common goal of serving their community. Some are inclined to research the smallest decision while others make decisions based on experience. This diversity helps bring different perspectives to the table for better decision-making. Regardless of their approach, Board members should share some core […]

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Community Associations Network
- March 4, 2016
32 views 36 sec

The Role and Importance of the Reserve Study in Determining an Appropriate Reserve Fund

A well-run condominium can be thought of as having two components: (1) physical assets, which are the buildings, structures, and grounds on which the condominium is located; and (2) financial assets, which are the funds necessary to maintain the condominium’s physical assets. So long as the financial assets are adequate to meet the maintenance needs […]

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Community Associations Network
- March 4, 2016
23 views 33 sec

Marijuana in Communities

We are often asked whether a condominium association may prohibit cigarette smoking in common areas, or in units or single family homes. Now that using marijuana is legal in Oregon and Washington, some associations are wondering if they can or should specifically ban marijuana usage too. There are several things to consider. Here are a […]

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Community Associations Network
- March 3, 2016
36 views 30 sec

3 Social Media Tips for Your HOA

Social media can be a great tool for any association, but only when used correctly. If you never post anything or only post basic information about HOAs in general, your homeowners won’t be interested. You need to make your accounts more personal and fun. Check out these three tips that can boost homeowner interest and […]

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Community Associations Network
- March 2, 2016
26 views 27 sec

The Price of Smoking in Co-ops Just Went Up. Way Up

In a decision that’s sure to fuel the smoking debate in every co-op in the city, a state Supreme Court judge has awarded more than $120,000 in back maintenance, interest and attorney fees to a co-op shareholder who claimed that smoke from other apartments had permeated her unit and rendered it uninhabitable.    Read the […]

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Community Associations Network
- March 1, 2016
23 views 36 sec

Security Measures in Your HOA: Lights, Camera, Action!

A quandry that homeowner associations face is how implement security measures when a known violent resident exists. The board has a conundrum: Fail to inform residents about a violent resident who subsequently injures someone and the board is held responsible. Inform residents of a violent resident who subsequently files suit against the HOA for libel […]

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Community Associations Network
- March 1, 2016
28 views 35 sec

Why a Loan is (Sometimes) a Good Idea for Your Homeowners Association

Your association board is planning for the big project on the horizon, and is currently reviewing how to finance it. For several reasons, you don’t believe you’ll have enough funds in the association’s operating budget or reserves to cover the project’s entire bill. What should you do? Split the project up over several years, levy […]

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Community Associations Network
- March 1, 2016
21 views 36 sec

A checklist for setting condo budget priorities

Some may think of condo budget review as a yawn fest; however, others may spend hours working out the smallest of details. That’s because a budget is basically a financial plan — not sexy, but extremely important in the condominium industry. Budgeting is so important that the Condominium Act requires all corporations to maintain an […]

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Community Associations Network
- February 27, 2016
24 views 41 sec

Condos are not houses — questions to ask yourself before trying ‘complex’ living

When you own a house, you are responsible for everything, and everything is on your schedule. You make the rules, you make the repairs and you mow the lawn. You decide when to paint the house or change the filters, and you decide where to park your bike.  But when you own a condo, someone […]

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- February 26, 2016
21 views 15 sec

Tenants Held Liable for Violation of Condo Smoking Rules

In a recent Ontario case, TSCC No. 2032 v. Boudair, tenants of a condominium unit were held responsible for their violation of the condominium corporation’s rules regarding smoking.   Read the article…………

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- February 26, 2016
37 views 29 sec

Can a Python Be an Emotional Support Animal?

Can snakes, the animal commonly known for instilling panic upon sight, actually help to ease anxiety? According to snake owner Darla McGinnis, they can.  WCVB-Channel 5 (ABC) in Boston recently covered a story about McGinnis and her fight with the City of Council Bluffs, Iowa, which currently has a ban on its residents having snakes […]

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Community Associations Network
- February 26, 2016
35 views 28 sec

Condominium Fire Sprinkler Retrofitting in Florida

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums. The statute first began specified that the condominium association may not vote to forego such retrofitting with a fire sprinkler system of common areas in “high-rise building” which was defined as “greater than 75 […]

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Community Associations Network
- February 26, 2016
39 views 30 sec

5 Tips for a Successful HOA Neighborhood Watch

Crime is a concern and a risk in any homeowners association. But incorporating certain trusted systems, such as a neighborhood watch, can ensure that your community stays collectively alert and focused on safety. To both deter crime and increase safety, your association should consider setting up a neighborhood watch program. Here are some tips for […]

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Community Associations Network
- February 25, 2016
29 views 42 sec

How To React to HOA Fraud

This week, we discuss how to react if you do not bulletproof your HOA against embezzlement and discover your HOA is the victim of fraud. Finding the proper authority to investigate allegations of fraud can prove to be extremely difficult. If your association has been a victim of the “condo confidence game,” gather as much […]

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Community Associations Network
- February 25, 2016
20 views 32 sec

Boards Don’t Need to Go Nuclear When Dealing With a Bad Apple

It seems that every co-op and condo building has at least one: the bad apple, the shareholder or unit-owner who turns life sour for everyone else. Co-op boards have a powerful weapon in the battle against problem shareholders – eviction for objectionable conduct – but before going nuclear, boards should take three simple steps: study […]

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Community Associations Network
- February 25, 2016
26 views 34 sec

Legal Obligations for HOA Board Members

Many HOA Board members don’t fully understand the legal obligations that come with serving their community. You rarely see one document that completely lists all responsibilities. State law may determine some. Governing documents outline others. And other regulations can further complicate the question. It’s little wonder that a lot of confusion surrounds legal obligations. Here’s […]

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Community Associations Network
- February 24, 2016
28 views 31 sec

Florida Condominium and Homeowner Association: Know Your Governing Documents and Florida Law

Condominium associations and homeowner associations (HOA) are abundant in Florida. These types of associations are typically governed by declarations/covenants and restrictions, as well as bylaws and articles of incorporation (collectively referred to in this post as the governing documents). These associations are also governed by detailed provisions of the Florida Statutes. Chapter 718 (condominiums) and […]

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Community Associations Network
- February 23, 2016
42 views 35 sec

Courts Say Condo Boards Can’t Levy “Confiscatory” Penalties

The bylaws of many condominiums authorize the board of managers to impose fines for violations of the rules and regula­tions, and also authorize the collection of late fees for failure to pay the common charges on time. However, recent court cases have set limits on the amount of these fines and late fees, even refusing […]

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- February 23, 2016
32 views 22 sec

9 smart tips on how to handle nasty neighbors

Even the most beautiful home in the most serene town can become a nightmare if you live next door to the wrong kind of people. And dealing with nasty neighbors can be enough to drive even the most peaceable person to distraction.    Read the article………..

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- February 23, 2016
20 views 35 sec

You are all Neighbors!

The first thing to remember when living in an association is that you are a neighbor to someone. If nothing else, your neighbors all likely share at least one common desire: to live in your community. Owners may have bought in the community for its location to certain schools, the layout of the homes, its […]

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- February 23, 2016
29 views 27 sec

HOA Board Code of Conduct

As a member of a volunteer homeowner association board, it’s important to codify the goals and behaviors an effective director should strive for. It not only serves as a constant reminder for those that are serving but can also help screen out director candidates with hidden agendas. Consider adopting something like this:   Read the article……….

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- February 22, 2016
46 views 33 sec

What to Ask a Potential Management Company

Every property management company has strengths and weaknesses. Some have a national presence but little understanding of local challenges. Some offer more boutique-style service but simply don’t have the resources and manpower to provide consistently high service levels and tools your community requires, resulting in burnout and high manager turnover. And some are the perfect […]

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- February 22, 2016
25 views 26 sec

Let it Snow, Let it Snow, Let it Snow (NC)

Many property owners’ associations across North Carolina are faced with the annual challenge of clearing snow and ice from the community’s roads, sidewalks, and other common areas. Assuming there is no specific guidance in the community’s governing documents, what is a property owners’ association’s responsibility for clearing snow and ice?   Read the article…………

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- February 19, 2016
47 views 22 sec

Rhode Island Supreme Court gives HOAs priority above mortgage liens

The Supreme Court of Rhode Island supports the homeowner’s association “super priority” concept, making The Ocean State part of a growing list of states that are, in some fashion, ruling in favor of making HOA liens a priority above mortgage liens.     Read the article………..

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- February 18, 2016
34 views 28 sec

The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases

Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less than six years after the association received the transition engineering report identifying construction defects.   Read […]

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- February 18, 2016
19 views 20 sec

How HOA Board Members Can Tune in to Meetings Online (CA)

Whether you’re out of town or out of commission, you can still attend the homeowners association board meetings by tuning in online. This is not to be confused with a meeting via email, this is not allowed.  Read the article………

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- February 18, 2016
25 views 36 sec

It Is Possible to Ban Bogus Support Dogs (NY)

When the co-op board first learned about the shareholder’s dog – kept in defiance of a long-time pet prohibition – they also learned that the dog was purportedly a “therapy dog,” a trusted companion that a resident claims is vital to his or her mental health. The directors didn’t believe her – and forced her […]

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- February 18, 2016
25 views 31 sec

Are Your Governing Documents Putting Your Community At Risk?

Many common interest communities have not kept their documents current with changes in the law, changes in their community or changes in governance and operations of their association. Additionally, many communities have not formalized amendments owners have approved to their governing documents. Do out-of-date documents, or amendments approved but not reflected in written documents create […]

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Community Associations Network
- February 18, 2016
23 views 28 sec

Preparing for Turnover – What a Developer Should be Mindful Of (FL)

With all of the new construction of condominiums and single family homes, developers should be mindful that the end of the project cycle and turnover of the homeowners or condominium association is just as important as the beginning of the cycle and can have a meaningful impact on the developer’s bottom line.   Read the article…………

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- February 17, 2016
25 views 23 sec

Why It’s Imporant an HOA Board Pays Attention to the Open Meeting Act

A good number of Board members understand that being a leader within their homeowners association can be a very rewarding yet sometimes thankless job. If they have been on the Board for any length of time, they also know that change is inevitable.     Read the article………..

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- February 17, 2016
18 views 30 sec

Noise Complaints: Co-op and Condo Boards’ Worst Headache

Noise complaints are the migraine of the headaches besetting co-op and condo boards. They come without warning, they tend to be brutal, and there’s no simple cure. Worst of all, they can come from almost any source – stereos, TVs, musical instruments, renovation work, appliances, parties, children, footfalls, even the noise people make when they […]

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