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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 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
30 views 34 sec

Association limits campaign signs in common areas

Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that I had to remove the posters. As a candidate for the board of my condominium […]

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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 8, 2016
21 views 25 sec

Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially face two foreclosure actions against the property at the same time    Read the article………..

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- February 5, 2016
29 views 19 sec

Nevada Supreme Court Opinion Impacts HOA Foreclosure Litigation

The Nevada Supreme Court held in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A. that a non-judicial foreclosure by an HOA generally extinguishes a first mortgage interest, however, it left several unresolved issues.   Read the article………….

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- February 4, 2016
20 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 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 2, 2016
18 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
21 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
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 1, 2016
37 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
19 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 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 29, 2016
23 views 22 sec

Florida Homeowner Associations and Federal Income Tax Considerations

HOAs have two options for purposes of federal income taxation: (i) an election under Section 528 of the Internal Revenue Code (IRC) or (ii) taxation as an ordinary corporation. HOAs are like any other corporation, even if they’re not for profit.  Read the article…………

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- January 28, 2016
30 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 26, 2016
23 views 28 sec

“Help! Our Board Received a Board Removal Petition … What Should We Do?”

Recently, our firm received an urgent phone call from a planned community board asking for advice regarding a board removal petition submitted by a disgruntled group of owners in their association. Although there had been rumors that there was a removal petition circulating within the community, the Board was surprised to receive it nonetheless.   Read […]

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- January 26, 2016
20 views 48 sec

Millie’s Motion at the Annual HOA Meeting

The Annual Meeting of Nottacare Condominium convenes. The agenda shows the standard items including Review Minutes, Financial Report, President’s Report and Election of Directors. As per usual, about 20% of the 95 members show up. But the board has been proactive in getting proxies from the rest so having a quorum is not a problem. […]

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- January 26, 2016
25 views 28 sec

Maximize Your HOA-Community Manager Relationship

A healthy HOA has a good relationship with the community manager. Usually, this means the board and the community manager work well together to help improve the neighborhood. Whether you are a member of an HOA board or a community manager, these three tips can help improve relations to make a more enjoyable community.   […]

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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
23 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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- January 22, 2016
24 views 29 sec

Watch Your Body Language in HOA Communications

Many HOA Board members present information at annual meetings, committee gatherings and other HOA events. Do you know that verbal communications only account for about 35% of how the audience perceives your message (words, tone, inflection, etc.)? The remaining 65% consists of non-verbal communication clues. If there’s a disconnect in your communications, look at your […]

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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
30 views 30 sec

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 6, 2015
17 views 13 sec

HOA Bills (CO) Dropping Like Flies in Final Days of Legislative Session

The 2015 legislative session of the Colorado General Assembly ends today.  In the final few days, the following HOA-related bills were killed in the Senate:     Read the article…………

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- May 6, 2015
18 views 34 sec

Statements Made in (CA) HOA Recall Election Campaign are Subject to Anti-SLAPP Protection

A Strategic Lawsuit Against Public Participation or “SLAPP” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about public issues. The primary purposes of these lawsuits is to use the courts to obtain economic or other coercive leverage over […]

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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 29, 2015
25 views 34 sec

WV Homeowners’ Associations Held Subject to Consumer Credit Protection Act

In a recent case argued by Martin & Seibert, L.C., the West Virginia Supreme Court of Appeals examined the ability of a West Virginia Limited Expense Planned Community to assert a common law lien on real property for unpaid association assessments, and the issue of whether an association’s attempts to collect delinquent assessments is governed […]

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- April 27, 2015
20 views 44 sec

How Is the Motion to Lay on the Table Misused?

Because the motion to Lay on the Table is not debatable, requires only a majority vote, and has high precedence, members are too often tempted to use it to kill the main motion. This is an improper use of the motion to Lay on the Table and an example of railroading (see Robert’s 210, 215–16). […]

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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 22, 2015
20 views 49 sec

Desert slowly ditches grass, goes brown on landscaping (CA)

With a population of about 6,000 people, Sun City Shadow Hills is larger than many small towns. Its 55-and-over residents flit from single-family homes to golf courses to pickleball and tennis courts, some driving golf carts alongside cars on the gated community’s rolling streets. Dogs abound. Joggers wave to one another in morning sunlight.  Much […]

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- April 21, 2015
26 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 16, 2015
21 views 24 sec

As a homeowner in a community association, there is much that you can do to ensure everyone in your community enjoys a great neighborhood.

By understanding your rights and responsibilities, you will help maintain property values, preserve a sense of community, and bring top-quality leadership to your association.  Let’s take a look at what you, the homeowner, need to know about your rights as well as your responsibilities.     Read the article…………

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- April 16, 2015
20 views 42 sec

P-A-I-N-T To Perfection in Your HOA

No two painting projects are alike. Types and conditions of materials to be painted, complexity of architectural features, types and degree of weather exposures, impact of landscape features, and shade configurations all make a big difference in a well-conceived painting program. Even the purpose of painting can vary from one project to the next. Painting […]

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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
23 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
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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 10, 2015
115 views 40 sec

Six homeowner association bills signed (UT)

This legislative session Utah Gov. Gary Herbert signed six laws changing the way homeowner associations operate, including how they deal with rental units, conduct board meetings and make disclosures.  The six bills are multi-faceted pieces of legislation and impact the associations in varying degrees. Some address procedural matters, while others will directly affect how association […]

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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 8, 2015
18 views 26 sec

North Carolina Community Association Legislative Roundup

Ah. Flowers are blooming. Birds are chirping. Community association legislative proposals are being filed. It must be spring!  Both the North Carolina House and Senate are back in full swing with the two-year 2015-2017 legislative session. While there are numerous bill deadlines, here are some of the important ones.    Read the article………

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