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- February 17, 2016
23 views 44 sec

Nuisance in Florida Condominium Associations

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined […]

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- February 17, 2016
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Mental Health in Condos

Mental health in condominiums is an issue that is likely to increase in frequency as living in condominiums becomes the norm. The aging population will also make it an important issue as certain mental health issues (i.e. alzheimer’s and dementia) are more common as we age. The symptoms may include memory loss, confusion, hallucinations, delusions, […]

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- February 17, 2016
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Condo Marijuana Grow-Op Must Pay for Excessive Water Usage (ON)

The declaration of a condominium corporation must confirm the proportions in which owners are to contribute towards the common expenses of the corporation. This statement is usually expressed in the declaration in a percentages allocated to each unit.   Read the article……….

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- February 16, 2016
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Tips For Evaluating a Management Proposal

Choosing the best-fit property management company is one of the most difficult decisions an HOA or commercial property owner can make. Choose correctly and you’re on your way to a productive and stress-free relationship. Make the wrong choice and you can inadvertently set yourself up for a long and difficult road ahead.   Read the article……………

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- February 16, 2016
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Reasonable Doubt: Condo Corporations Have to Accommodate People With Disabilities

The Ontario Human Rights Code provides that every person has a right to equal treatment in the occupancy of living accommodation (i.e., housing) without discrimination because of disability (among other things). In turn, accommodation providers have a corresponding duty to accommodate any person with a disability to the point of undue hardship. (The concept of […]

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- February 16, 2016
21 views 36 sec

Hung Out to Dry (CA)

Section 4750.10 has been added to the Civil Code in order to allow residents to use clotheslines and drying racks, under certain conditions, without fear of disciplinary action by a homeowners association. The new law defines “clothesline” to include “a cord, rope, or wire from which laundered items may be hung to dry or air.” […]

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- February 16, 2016
36 views 19 sec

How to Run a Successful Board Meeting

I have been to my fair share of residential board meetings and was able to offer key insights into how to most effectively and efficiently run these meetings. Here are some of the key takeaways:     Read the article………..

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- February 16, 2016
21 views 20 sec

Appellate Ruling Illustrates Importance of Proper Service of Process and Procedural Steps in Foreclosure Cases (FL)

Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures so that they could utilize these residences to reap rental income while the bank cases languish.    Read the article………..

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- February 16, 2016
24 views 36 sec

Noise in your HOA Community

3 Steps for community peace; we’ll tackle world peace next time.     Noisy neighbors… Almost everyone will have to deal with them at some point in their adult life, whether they live in a single family home, condo, or apartment. It can be anything from the early bird next door who starts the lawnmower at […]

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- February 15, 2016
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What amending your governing documents can do to save your association money

Over the last several years, homeowner’s associations and condominium associations across Florida have taken serious losses and written off large amounts of bad debt due to the housing market crash and the flood of mortgage foreclosures following in its wake.     Read the article……….

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- February 15, 2016
28 views 32 sec

Condominiums And HOAs In A Growing Tech World: Drones (FL)

There is a growing sense of concern among community associations regarding the legal ramifications as the popularity and availability of drones rises. This begs the question of whether there are limitations condominiums and HOAs can impose on the ability of residents to use drones within the community and how to minimize potential liability to community […]

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- February 15, 2016
25 views 27 sec

Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan

On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals and criminalizing certain […]

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- February 15, 2016
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Tax Tips For Associations

The vast majority of condominium and community associations are nonprofit corporations, but even they have to file taxes. There are some tips your community association should follow when it comes to tax time.   Read the article……….

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- February 15, 2016
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Part II of Guns in Community Associations Can your Board of Directors Restrict or Prohibit Firearms In and On the Common Areas?

In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right which likely means that a mandatory community association, despite being […]

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- February 13, 2016
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Do The Right Thing How To Avoid Personal Liability As A Condo Association Director

In Florida, the “officers and directors of the association have a fiduciary relationship to the unit owners.” F.S. §718.111(1)(a)  In its most basic form, a fiduciary duty is an obligation to put the interest of someone else above the self-interest of the fiduciary. In the condominium director context, the director is the fiduciary and breaching […]

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- February 12, 2016
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Drone Regulation in Florida Community Associations – Part Two

QUESTION: The drone has a camera on it, and we are feeling like our privacy is being invaded. What can we do? ANSWER: Florida drone regulation law does address the use of a drone camera in any area in which a person has an expectation of privacy. Section 934.50, Florida Statutes was amended in 2015 […]

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- February 12, 2016
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Court Orders Condo Owner to Stop Smoking in Unit

The British Columbia Supreme Court recently ordered a condominium unit owner to cease smoking in his unit in contravention of the strata corporation’s bylaws.   Read the article………..

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- February 10, 2016
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Thailand: Property Watch: Foreigners: beware of condo laws

Every year I learn a host of new rules and regulations which impact property investors in Thailand, sometimes positively but often detrimentally. This year I learned something new, which either by chance or good fortune, my clients over 13 plus years here have never experienced. Unfortunately, I view the situation as being severely detrimental and […]

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- February 9, 2016
19 views 41 sec

Upgrading Security: The Latest Technologies for Condos and HOAs

While it’s true that over the last two decades, New England has become a safer place to call home, that doesn’t mean that security concerns don’t still exist—especially for those in condos or HOAs. While security guards, electronic gates and doormen are a good start for providing residents with a welcome sense of security, thanks […]

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- February 9, 2016
22 views 27 sec

Board Transparency: Let It All Out — Really?

In town and city government, elected officials and committee volunteers are duty-bound and legally required to maintain open meetings and treat every line item of taxpayer funds as public information. Condominium communities, and the way they’re operated, are often compared to municipal governments, but there’s nothing “public” about them, really.   Read the article……….

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- February 9, 2016
20 views 34 sec

Us Versus Us: What to Do About a Bad Board

Infighting: The thought of it in a condo community makes everyone cringe, from residents to board of trustee members to property managers. It also puts those involved in an awkward position. Although it isn’t a common occurrence, thankfully, conflict can happen even within associations that have been typically harmonious. Sometimes problems arise within the board […]

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- February 9, 2016
46 views 30 sec

Is Your Condo Following the Proper Reserve Protocol?

The start of a new year represents a slew of new beginnings for most community associations. From holding annual elections to the preparation of annual budgets, the first quarter of the year marks a pivotal time for many associations. With that comes a great deal of confusion, particularly with regard to the proper way to […]

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- February 8, 2016
23 views 14 sec

Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?

One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community.   Read the article………

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- February 8, 2016
40 views 16 sec

HUD’s Proposed Harassment Rule Would Be Painful for Condo Associations

The department of Housing and Urban Development (HUD) has offered that assurance for regulations the agency has proposed, clarifying the standards for assessing harassment claims under the Fair Housing Act.   Read the article………

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- February 8, 2016
21 views 31 sec

Spring To-Do List

February is here, and although the cold tends to keep most residents indoors, they’re likely feeling the beginning of spring fever. And so should your homeowner’s association. Start creating your spring to-do list now so that when all the snow melts and the weather warms up, you’ll be able to get started on spring cleaning […]

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- February 7, 2016
22 views 25 sec

Smoking Bylaw in Strata Developments (BC)

The B.C. Supreme Court recently issued a ruling in a strata property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasingly being called upon to manage smoking-related disputes.     Read the article………..

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- February 5, 2016
35 views 29 sec

Illinois Appellate Court Invalidates A Lease Restriction Imposed By Rule

Decided by the First District of the Illinois Appellate Court on February 3, 2015, Strobe v. 842-848 West Bradley Place Condominium Association confirms the long-held position of KSN that the board of managers of a condominium does not have the authority to adopt rules that restrict leasing of units when the association’s declaration of condominium […]

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- February 4, 2016
21 views 50 sec

Clues That Your HOA Might Be The Victim Of Embezzlement

Last week, we talked about the ways that your HOA can unwittingly be stripped of their monies. This week, we talk about the signs that your HOAHOA might be the victim of embezzlement. There are many clues to embezzlement, but the primary clue that theft or misappropriation of funds is occurring is secrecy. Any board […]

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- February 4, 2016
16 views 32 sec

Robotic Valet Parking Systems in Condominiums

When planning a condominium project, developers try to maximize the usage of the condominium property. Since parking takes up so much space, robotic valet parking systems have been developed so that the number of parking spaces in a garage can be increased by reducing garage ramps, driving aisles and pedestrian stairwells and elevators, and by […]

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- February 3, 2016
22 views 28 sec

Sexual Offenders and Predators in the Community

Community associations are sometimes faced with determining whether they can prohibit a sexual offender or predator from living in a community or from using common area facilities, such as a clubhouse, or whether they have a duty to notify members of the existence of a sexual offender or predator living in the community.   Read the […]

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- February 3, 2016
15 views 19 sec

Montgomery County Requires Association Board Members To Complete An On-Line Education Course

As of January 2, 2016, those who serve on the boards of condominiums, homeowner associations, and housing coops in Montgomery County, Maryland must now complete an education course on the responsibilities of serving on a board of directors   Read the article……….

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- February 3, 2016
24 views 29 sec

Condo Association Bylaws May be Path to Board Takeover (FL)

The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the foreclosure crisis and enabled the associations of many distressed developments to regain their financial footing. […]

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- February 2, 2016
17 views 23 sec

Properly Written – and Enforced – House Rules Can Keep Your Building From Becoming a Living Hell

Today’s New York Post carries a story about a unit owner in a luxury Upper East Side condo who has sued his upstairs neighbors for allowing their kids to play floor hockey in the hallway, sometimes as early at 6:30 in the morning   Read the article……….

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- February 2, 2016
19 views 16 sec

Housing Counsel: The Business Judgement Rule

Q: What exactly is the “business judgment rule”? I have a problem with my condominium board, and the condo attorney keeps referring to this as a defense. Can you explain?   Read the article………….

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- February 2, 2016
22 views 14 sec

Counsel’s Corner: HOA Super-Priority Lien Issue Not as Clear After Court Opinion

In a nutshell, what clarity did the most recent opinion by the Nevada Supreme Court provide for the pending litigation around HOA super priority liens?   Read the article…………

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- February 2, 2016
32 views 49 sec

Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?

Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners […]

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- February 2, 2016
28 views 35 sec

Quick Update: Proposed Changes to FHA Condominium Project Approval Process

According to Community Associations Institute (“CAI”), a leading national community association organization, the U.S. House of Representatives will vote today on important changes to the Federal Housing Administration’s (“FHA”) condominium project approval process. The changes to the FHA condominium project approval process are included in H.R. 3700, the “Housing Opportunity Through Modernization Act”, bipartisan legislation […]

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- February 2, 2016
17 views 34 sec

4 Preventative Maintenance Tips

Preventative maintenance is one of the most basic and important things you can do for your community. With good preventative maintenance, you may have to spend a little time and money here and there, but as a result, you avoid the money and headache that comes with major repairs that could have been avoided. Check […]

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- February 2, 2016
31 views 43 sec

Re-Recording Judgment Liens: The Importance of Timing

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for […]

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- February 1, 2016
38 views 34 sec

How to Read and Understand HOA Documents

As a potential buyer in a HOA community, it’s important that you know what rules you’re signing up to follow for before you actually sign on the dotted line. Unfortunately, too many potential buyers shy away from fully reviewing HOA documents because of intimidating legal and industry jargon. This usually results in new owners becoming […]

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- February 1, 2016
18 views 35 sec

Electronic Voting: Changes Made To Proposed Rules By The DBPR

In previous a blog, we discussed electronic voting and how it provides community associations with the opportunity to work in the digital space. Doing so makes the election process easier, less cumbersome, and easier to detect flaws. Since our last blog addressing electronic voting rules and guidelines proposed by the Department of Business and Professional […]

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- February 1, 2016
28 views 31 sec

Association Lawyers Get New Florida Bar Certification

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.  With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche practice area focused on condo developments, commercial and residential community associations, cooperatives and recreational organizations […]

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- February 1, 2016
20 views 24 sec

Not-So-Obvious Ways an HOA Management Company Can Help Your Board

An HOA management company can help homeowners association boards in many ways and work with nearly every budget. Two of the most obvious are assisting with financials and collecting delinquent HOA fees. There are also some ways your board members may not have thought of.    Read the article…………

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- January 31, 2016
18 views 23 sec

C.A.T. Update

Previously in this blog (specifically, here) we discussed the new non-profit, self-financed tribunal to be established by the proposed Condominium Authority under the provisions of the Protecting Condominium Owners Act, 2015, (AKA Bill 106), which is to be known as the Condominium Authority Tribunal (“CAT”).   Read the article………….

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- January 30, 2016
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Perfecting a Judgment Lien (FL)

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded. The creditor’s primary interests in perfecting the judgment as a lien on a debtor’s property are two-fold:    Read the article……….

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- January 29, 2016
28 views 28 sec

3 Benefits of Having an Architectural Review Committee

HOAs often have many different committees to help maintain standards throughout the community. One possible committee is the architectural review committee, which helps homeowners understand what types of changes to their home and yard are, and are not, allowed. If you are considering starting an architectural review committee, check out these three benefits.   Read the […]

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- January 28, 2016
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Rhode Island Supreme Court Rules That Condominium Assessment Liens Could Extinguish First-Priority Mortgages

First mortgage holders in Rhode Island beware: in a 4-1 decision handed down on December 4, 2015, the Rhode Island Supreme Court has ruled that pursuant to the Rhode Island Condominium Act, RIGL § 34-36.1-1.01 et seq., liens for six months of unpaid common fees prior to the foreclosure have super-priority status, and can extinguish […]

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- January 28, 2016
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The Many Names For Theft Inside Your HOA: Part TWO

Last week we covered: the kickback, overbilling, expense padding, volunteer compensation and underreporting income. In the final installment of this two-partHOA series, we continue highlighting common examples of how HOA’s can unwittingly be stripped of their monies:     Read the article……….

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- January 28, 2016
31 views 16 sec

Help! We Can’t Get a Quorum at Our Annual Meeting

A common question that I receive from managers and board members is the following: What can an association do when it cannot obtain a quorum at the annual meeting?    Read the article…………

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- January 28, 2016
20 views 16 sec

There’s One Thing You Need To Do When Mold Appears: Act Fast

Mold loves moisture. It doesn’t grow overnight, but co-op and condo boards need to act fast when it appears because mold-induced health complications – and lawsuits – can be devastating.    Read the article…………

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