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- January 27, 2016
22 views 21 sec

Personality Checklist to Consider Before You Hire Your Next Property Manager

You’ve already invested in the property. You’ve made attempts at looking after the maintenance and repairs, screening through tenants and you may have even looked at hiring repairmen to fix everything you’re not sure how to fix.   Read the article…………

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- January 27, 2016
19 views 20 sec

Discrimination Against College Students Legal?

A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue.   Read the article……….

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- January 26, 2016
20 views 49 sec

The Difference Between an Officer and a Director: Selection, Removal and Eligibility Restrictions

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate […]

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- January 26, 2016
25 views 32 sec

Incoming! When A Disruptive Resident Bombards Your Board With Complaints

Every co-op seems to have at least one: the disruptive resident who never stops bombarding the board with complaints. Unfortunately, co-op boards can’t dismiss the impossible-to-placate shareholder as a whiner and a mere nuisance. Boards need to determine if all complaints are legitimate, and then act appropriately. It sometimes requires the skills of a psychiatrist, […]

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- January 26, 2016
21 views 19 sec

(MA) Arbitrators’ Award of Attorney’s Fees Thrown Out Because Parties’ Agreement Did Not Provide for It

The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees.    Read the article………..

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- January 26, 2016
47 views 34 sec

Landmark Decision: Terminating an Agreement Under Section 112 of the Condominium Act

In a recent landmark decision, HSCC No. 627 v. Grandview Living Inc., the Ontario Superior Court of Justice ruled that a condominium corporation could not terminate a contract pursuant to section 112 of the Condominium Act (the “Act”) without the approval of two-thirds of the unit owners, where the effect of terminating the contract would […]

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- January 25, 2016
20 views 42 sec

Florida Playground Safety Act – 2016 Proposed Legislation

Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough […]

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- January 24, 2016
24 views 21 sec

The Airbnb Factor

Broker-owner Carla Muss-Jacobs of Buyers Agent Portland is getting a lot of phone calls from a certain kind of buyer lately. Several times a month, people call her Portland, Ore., office looking for properties to turn into Airbnb short-term rentals.   Read the article………….

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- May 16, 2015
18 views 30 sec

Why it’s hard to fill seats on HOA boards

Many common interest community associations struggle filling open director seats on their boards. Frustrated and discouraged boards periodically consult with me, questioning how their association can proceed when they have a hard time finding enough volunteers to simply meet quorum. There are four main reasons why associations have difficulty finding volunteers, but each of the […]

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- May 14, 2015
18 views 30 sec

NC Community Association Legislative Roundup – May 14, 2015

Thursday, April 30, 2015 was the all-important “crossover deadline” in the North Carolina General Assembly. Without getting too much into the weeds, bills that are “non-budget” must generally have passed one chamber or the other by the crossover deadline to be eligible for consideration during the 2015/2016 session (although House and Senate rules are slightly […]

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- May 13, 2015
15 views 38 sec

New Home Nightmares: First Coast News Investigates

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

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- May 12, 2015
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Appellate Court Upholds Requirement that Condominium Associations Must Offer Alternate Dispute Resolution for Collection of Delinquent Assessments

In an unpublished Appellate Court decision – The Glens at Pompton Plains Condo. Ass’n, Inc. v. Van Kleeff – the New Jersey Appellate Division made it abundantly clear that condominium associations must offer alternative dispute resolution (“ADR”) for any “housing-related dispute,” including the non-payment of assessments/maintenance fees, prior to filing any non-emergent legal action against […]

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- May 12, 2015
21 views 34 sec

Leading the Charge on the California Drought

The current drought endured by the state of California is not its first rodeo. Between 1987 and 1992 the second driest period in California history ravaged much of our country not the least of which, in the southwest. Fast forward nearly 20 years and front and center in the hearts and minds of many Californians […]

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- May 9, 2015
21 views 42 sec

Board powers are broad powers

In an earlier column, I explained the occasional problem of a board whose powers have gone to its collective head and turned into a rogue board. But that’s a bit unfair because the vast majority of boards are well intentioned, well operated administrative bodies filled with volunteers who work really hard to make their place […]

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- May 8, 2015
19 views 21 sec

Appeals court yields pro-builder ruling in construction-defects case

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder.   Read the article………..

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- May 5, 2015
21 views 51 sec

What Goes Up………..Must Break Down

Elevators may be the most complicated and expensive asset in your building. Fix your contract, know the basics and minimize legal risks before your community finds itself out of order.  The passenger elevators in a 90-year-old, 62-unit, 16-story condominium complex in Chicago were so small and vintage that residents often used the freight elevators. Unfortunately, […]

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- May 5, 2015
15 views 47 sec

What’s In? What’s Out?

Forget gates and golf. Today’s homeowners and buyers want something else. Adapt your amenities and community events or get left behind.  In the not too distant past, simply having a gatehouse, golf course and swimming pool were a sure-fire way for a community association to attract residents and boost property values.  By most accounts, that’s […]

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- April 24, 2015
43 views 29 sec

Taking Your Association from Good to Great

Being a community leader with an association is a very rewarding job. Leaders taking associations from good to great through events, communication, and activities.  There are, however, certain rights that you need to maintain, along with responsibilities as a community leader. Remember these rights and responsibilities, and you will get more enjoyment as a community […]

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- April 21, 2015
27 views 34 sec

How To Increase Your Association’s Voter Participation

Community associations need a minimum number of voters to elect board members, or the election cannot take place.  Assembling that number, known as a quorum, is a daunting challenge for many associations.  The reasons owners don’t vote are varied. Some bear grudges against the board or association. Others like everything the way it is and […]

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- April 14, 2015
15 views 22 sec

Don’t Fall for These 3 Security Mistakes

Successful HOAs promise security for the residents. However, protecting an entire neighborhood is difficult, and it can be easy to get caught by pitfalls. Check out these three common security mistakes for associations, and learn some tips on how to avoid them.    Read the article………..

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- April 14, 2015
14 views 29 sec

Non-Judicial Foreclosure in North Carolina: The Limited Scope of the Hearing Before the Clerk of Court in Condominium or Homeowner Association Foreclosures

Contrary to popular belief, most property owners fulfill their financial obligations to their association. As a result, the number of actual association foreclosures is very, very small. Of that percentage, almost nobody wakes up in the morning and decides to stop paying a mortgage or condominium or homeowner association dues. The facts of life, however, […]

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- April 14, 2015
18 views 7 sec

Religious Freedom and Community Associations: How does the Religious Freedom Restoration Act Impact Condominium and Homeowner’s Associations?

In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”). The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise of their religious freedom unless there was a compelling governmental interest behind the law and the least restrictive means of furthering that […]

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- April 13, 2015
25 views 26 sec

A Review of Some Best Practices for Association Annual Meetings, Elections

As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that association meetings and elections run as smoothly as possible.     Read the article……….

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- April 13, 2015
20 views 41 sec

Pet Eviction: A Tenant Does Not Have More Rights Than an Owner

The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium […]

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- April 13, 2015
19 views 31 sec

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part IV

This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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- April 13, 2015
15 views 31 sec

Common expense collections policy redux

We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble […]

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- April 13, 2015
33 views 43 sec

Mezuzah restrictions, anti-Semitism, and the definition of a doorpost

Did you know that some condominium associations may have the right to keep a homeowner from posting a mezuzah at the doorway entrance?  It happened to Barbara Cadranel of Stratford, CT. In 2012, she received a stern letter from her condo association demanding that she remove the mezuzah from her doorpost or pay a fine […]

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- April 13, 2015
22 views 42 sec

Tips for Preparing Your Condo Elevator for Hurricane Season

PRIOR TO HURRICANE SEASON – APRIL AND MAY • Check the operation of all vents and openings in the machine room and hoist way walls to insure proper operation. This is to make sure that driving rain will not blow through the vents. • Check to make sure all doors, vents and other openings are […]

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- April 10, 2015
42 views 32 sec

Ohio Updates Its Towing Laws

To address complaints of predatory towing practices, the State of Ohio recently enacted updated regulations for towing vehicles from private property. The vast majority of the changes place additional restrictions and requirements on towing companies, but there are aspects of the new regulations that will require action from condominium and homeowners associations to ensure their […]

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- April 9, 2015
17 views 26 sec

FHFA Counsel Testifies on Super-Priority Liens in Nevada State Legislature

Alfred M. Pollard, general counsel for the Federal Housing Finance Agency (FHFA), testified on Tuesday before the Nevada State Legislature Judiciary Committee on so-called “super-priority liens” and on recently introduced legislation to amend the way the foreclosure process is handled with regards to a homeowner association (HOA)’s lien.    Read the article……….

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- April 7, 2015
29 views 40 sec

Rein in the cost of your association’s social functions

The winter has been harsh and long, but relief is on the way. Landscapers are cleaning up the grounds, and outdoor swimming pools will open in a few weeks. Perhaps it is time to plan a community association party.  Some associations host a regular schedule of holiday festivities, barbecues and other gatherings. Some never do. […]

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- April 6, 2015
16 views 27 sec

How Today’s Urban Planning Can Divide a City and Disenfranchise Voters: The Case of Alexandria, Virginia

This is an analysis of the unforeseen consequences of the City of Alexandria, Virginia privatizing many services that it has traditionally provided to its homeowners. Alexandria was first settled in the mid-1700s and over the years has been home to the likes of George Washington, Robert E. Lee, Richard Nixon, Gerald Ford, and Jim Morrison, […]

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- April 6, 2015
19 views 34 sec

4 insurance issues arising from body cameras and private security

Recently, a broker e-mailed me with a question I had not yet heard. A homeowners’ association was seeking to equip security guards with body cameras. She asked, does this impact the guard firm’s liability and, if so, how?  Body cameras have quickly become a hot-button issue for law enforcement and policymakers, and now they are […]

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- April 4, 2015
17 views 33 sec

When Hoarding In Condominiums Becomes A Hazard For The Other Residents

This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]

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- April 4, 2015
22 views 24 sec

How an HOA Board Can Prepare to Work with a Manager for the First Time

If your HOA board has hired a manager for the first time, there are a number of things it can anticipate the management company will ask for. The Board can prepare for the manager in advance by gathering specific documents and records pertaining to your homeowners association.     Read more……..

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- April 2, 2015
17 views 30 sec

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part III

This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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- March 31, 2015
16 views 30 sec

Marijuana in Condominiums: Nuisance and Legal Consequences

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely. However, attitudes regarding the acceptable use of marijuana are changing. More co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable […]

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- March 31, 2015
25 views 51 sec

When Hoarding Becomes A Hazard For The Other Residents

This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]

Owner

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- March 31, 2015
25 views 42 sec

Look Out for Sneaky Provisions in your Declarations that Bite

Trying to keep communities looking good is one of the most important goals for homeowners associations; in fact, it is one of the main reasons people purchase homes in HOAs. Unfortunately, enforcing governing documents is not an easy task and there are oftentimes provisions in the governing documents that make it even tougher. To assist […]

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- March 31, 2015
20 views 34 sec

Oh Crap! I’m a New Board Member: What have I gotten myself into?

So, you just started as a new board member in your condominium or homeowners association in Florida? Congratulations! Or, condolences! Your’s is a thankless job, but someone has to do it. Hopefully, your neighbors will recognize that you are investing your time and energy for the benefit of your community, while they may be off […]

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- March 30, 2015
30 views 44 sec

Why an HOA Board Should Use Caution When Hiring a Contractor

Finding a contractor who will perform quality work at a reasonable price can be a daunting task for any HOA board. It’s always a good idea to use contractor caution and ask for references, contact the Better Business Bureau and your state licensing bureau to see if there are complaints against a prospective contractor. In […]

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- March 30, 2015
17 views 30 sec

Ice Dams, Leaks, Budget Gaps and Liability Risks: Some Strategies for Coping with a Winter from Hell

Most of us have never seen a winter like the one that (we hope) has finally ended. We’ve never seen this much snow, temperatures this cold sustained for this long, this many ice dams or this many leaking, sagging roofs. And the damage resulting from these “never seen” conditions is likely to achieve “never seen” […]

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- March 30, 2015
20 views 22 sec

Government, federal court complicate HOA pool rules

Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end.     Read more……….

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- March 28, 2015
18 views 20 sec

…Not much has changed by way of homeowners’ rights in Arizona in the past couple of years

Tenants and landlords often disagree about who is responsible for violations of the HOA’s governing documents during the tenancy. The answer depends upon the lease between landlord and tenant, but also sometimes is further defined by the governing documents.    Read more………

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- March 28, 2015
16 views 25 sec

How Long Will Condos Last?

Every time I am approached by condo buyers and owners alike, the most asked question is on the future of condominiums.  Practically speaking, condos will exist as a real-estate ownership option for as long as there are buyers willing to buy them — notwithstanding their inherent ownership related problems.     Read more………

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- March 27, 2015
18 views 29 sec

New laws (MD/DC) next year mandate bicycle storage, training for board officials

If you are a member of a community association board of directors in Montgomery County, as of January 2016 you will be required to take basic training within 90 days after being elected.  And if you live in an apartment in the District and own a bicycle, your landlord may be obligated to provide storage […]

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- March 25, 2015
19 views 23 sec

Security precautions for condo dwellers

Living in a condominium means sharing space, including a building’s entrances, elevators, hallways and parking lots.  While those common spaces can be important for interactions between neighbours, they can also create security issues, as residents don’t always know who else is in their building.     Read more……….

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- March 25, 2015
16 views 17 sec

2015 General Assembly Update for Virginia Community Associations

The legislation that passed the 2015 General Assembly Session is mostly helpful to Virginia HOAs–clarifying issues created by some legislation, and providing solutions for owner apathy and bank foreclosure problems for associations.    Read more……….

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- March 24, 2015
26 views 23 sec

Drones present opportunity, challenge for community associations

In the not-too-distant future, community associations could launch camera-equipped, unmanned aerial vehicles, also known as drones, for many routine tasks. They will be able to examine buildings for leaks and damage, check on the performances of contractors and find illegal barbecue grills on upper balconies.    Read more………

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- March 23, 2015
25 views 20 sec

Does an HOA Board Have Legal Authority?

As a member of your HOA board you have a big responsibility to enhance, maintain and protect your homeowners association. You also have the legal authority to carry out your role, but where do you get this authority?   Read more……..

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