Condo & HOA News Items

/ Owner
March 27, 2024

Last October, the city of Oakland announced it would soon be installing 300 automated license plate readers—cameras that monitor public streets and instantly scan vehicle license plates, running them against “hot lists” for stolen cars or vehicles associated with crimes.  But the rollout of Oakland’s big new vehicle surveillance system has gotten bogged down as officials from the city and California Highway Patrol try to figure out how to.

Oakland HOAs are quietly installing surveillance cameras to watch public roads (CA)

Last October, the city of Oakland announced it would soon be installing 300 automated license plate readers—cameras that monitor public streets and instantly scan vehicle

Somers community says HOA refuses to fix massive sinkhole (NY)

A community in Somers says their homeowner's association won't fix a massive sinkhole, despite many calls about it.  "Ten years ago, we saw a sinkhole

FIU interdisciplinary team supporting federal investigation into 2021 Surfside condo collapse

A team led by the federal government continues to investigate the 2021 partial collapse of Champlain Towers South, the 12-story beachfront condominium in Surfside, Florida,

No threat to resident safety at Elkhorn Springs condos, new report says (ID)

Structural rot discovered last year in parts of the Elkhorn Springs condominiums in Sun Valley has not compromised residents’ safety, according to the latest investigation

Miami Beach looks to hire a condo ombudsman (FL)

A call to find city funds to hire a condominium ombudsperson has been referred to Miami Beach’s Finance and Economic Resiliency Committee.  “In order to

What drove Jewfish Key residents to petition for de-annexation? (FL)

Off the coast of Longboat Key’s north end, Jewfish Key is home to about 38 acres and eight properties. The property owners question whether it

6 Gant condominiums uninhabitable after Tuesday morning fire (CO)

Six condominiums sustained damage and are currently uninhabitable after a structure fire early Tuesday morning, according to an Aspen Fire Protection District (AFPD) news release.

Urgent fix needed for South Florida condo owners as climate threatens structures

Florida condominium owners are getting buffeted from every direction and it’s starting to hurt. Flooding, hurricanes, soaring insurance premiums, and now a new state law

Employee accused of stealing over $200,000 from HOA in Anderson Co. (SC)

An employee is accused of stealing over $200,000 from a homeowners association in Anderson County.  According to the Anderson County Sheriff’s Office, detectives met with

Condo owner fears ‘best efforts’ language in law allows HOAs to scrimp on insurance protection (FL)

Question: I am troubled by your recent advice concerning condominium association insurance requirements. Your response stated that "the Condominium Act, at Section 718.111(11), provides that

EV charging in FL condos – can an Association prohibit owners from installing EV charging outlets in their assigned parking spaces?

EV charging in Florida condo buildings and communities is much more involved than having a charging outlet installed in the garage of your Single-Family Home. 

Former Seminole County HOA manager accused of stealing $437K from HOA

Tammi Morrison, a former President of the Ashford Park Homeowners Association, was arrested by the Seminole County Sheriff’s Office after investigators say she stole $437,000

Condo & HOA Informational Articles

Reserve Study vs Property Condition Assessment

In a comprehensive examination, this discussion delineates the essential differences and similarities between reserve studies and property condition assessments (PCAs), pivotal in the realms of condominium, homeowners’ associations (HOAs), and townhome associations management.    Read the article..................................

What are a Board’s Fiduciary Obligations, Anyway? Understanding a Director’s Role and Duties

Fid-doo-she-air-ee. What the heck is a fiduciary, let alone a fiduciary duty? “Fiduciary” means trust. A fiduciary duty is the legal responsibility to act solely in the best interest of another party. A person with a fiduciary duty has a legal obligation to maintain that trust. For example, lawyers have

How to Oust Your Condo Board or HOA

Close to 30% of Americans live in a property governed by a condo board, homeowners association (HOA), or other community association—more than 70 million people. These associations are generally responsible for property upkeep, enforcement of community rules, and acting as a go-between for residents when disputes arise. Most people have

Everything You Need to Know About Concrete Restoration Projects (FL)

At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail: substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage.     Read the

Top 5 HOA Collection Policy FAQs for Board Members (GA)

Many board members and homeowners have questions about their HOA collection policy and how their HOA enforces the policy. We’ve asked our experienced HOA collection attorney team to provide the top questions they hear from association board members to help you better manage your community:   Read the article..................................

Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations

For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key

Roof Preventative Maintenance for Multi-Family Communities

A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems.  To start off, roof preventive maintenance is scheduled maintenance and cleaning designed

Community Association Considerations

Review or Audit the Books – always do one of these………
.....because if money disappears while you're on the board, you might as well move, as your neighbors will blame you just as much as the crook. Over the last month
More Stupid Legislation Proposed in Florida
Bill proposed by First Coast lawmaker would require Florida HOA's to invest in their communities HB 173 proposed by Florida House Representative Kimberly Daniels would require HOA's to use at

Industry News

Stephen Nalley Unveils Comprehensive New Book,
Community Associations Network
In the world of real estate, few names carry as much
ADS-TEC Energy Unveils the Future of
Community Associations Network
Condominium association and homeowner association boards, property managers and developers are
Jim Slaughter presented with the Don
Community Associations Network
Jim Slaughter, president of Law Firm Carolinas’ six offices, has been

Legal & Legislative Articles

State Court Ruling Opens Door for Major Changes to NYC Property Tax System (NY)

A recent state court ruling has created a path toward major changes to New York City’s property tax system — albeit one that could have mixed consequences for co-ops and condos owners. In a 4-3 ruling,

“Even more difficult.” Here’s how South Florida’s condo buyout landscape will shift following landmark ruling

The developer of the planned Edition Residences in Miami’s Edgewater is on unforeseen footing after a recent ruling that could cost it millions of dollars, and alter the landscape of future condo buyouts and terminations statewide. 

Federal judge finds home insurers can be sued for discriminatory risk assessment

A federal judge in Illinois ruled in favor of the U.S. Department of Housing and Urban Development on Tuesday, concluding a 10-year-old case brought against it by a major insurance industry lobbyist group.  The Property Casualty

Neighbors of proposed Canyons condos sue over Red Pine Road driveway (UT)

Homeowners in the Timberwolf and Aspen Creek Crossing subdivisions have followed the condo development closely. They’re worried about traffic and safety impacts to Red Pine Road in upper Canyons Village.  They’d successfully lobbied the Snyderville Basin

My Safe Florida Condominium Pilot Program: Impact to Florida Condo Associations

Recent Florida legislation (HB1029 and SB1366) established the My Safe Florida Condominium Pilot Program designed to enhance the resilience of condominiums against hurricanes.  Effective on July 1st, 2024, the program provides licensed inspectors, grants, and guidelines

HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)

When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law

Op/Ed

Climate change is threatening South Florida condo owners. The state should help them.

Florida condominium owners are getting buffeted from every direction and it’s starting to hurt. Flooding, hurricanes, soaring insurance premiums, and now a new state law designed to protect residents physically but which could kill them financially,

‘It’s paradise lost’: Florida’s condo market is floundering

Shipman, like many Floridians, watched helplessly as the average cost of homeowners insurance across the state ballooned by about 40% in 2023 alone, with homeowners association (HOA) fees snowballing due to new condo regulations.  “I felt

Fraud charges at Kendall condo association illustrate need for effective safeguards (FL)

Alleged thefts at community associations during the last couple of years in Miami-Dade, Southwest Florida and other parts of the state have shined a spotlight on fraud in condominium associations and HOAs. New laws to add

The Unchecked Power of North Carolina HOA’s

For most of Chuck Williams’ 30 years in Wilmington, he lived in communities governed by homeowners associations. He, like most people who live under HOAs in North Carolina, never had a problem with them. He paid

Editorial | Rio del Mar walkway battle: ‘To the barricades’ (CA)

The Great Rio del Mar Walkway Standoff has made national news.  The battle pits 27 property owners against the power of the state Coastal Commission, a headline-churning conflict that either shows the defiant spirit of the

The delicate balance of HOA assessments

Hello, dear readers, and welcome to the Real Estate Whisperer, where I tackle the ins and outs of 92101 living with a pinch of humor and a dash of reality. Today’s hot topic? The ever-dreaded HOA

Canada Condo, Strata & HOA News

Condo Smarts: Can the standard bylaws of strata act change? (BC)
Q:  Is there a chance the Standard Bylaws of the Act will ever change? It would significantly reduce the number of agreements we would require for owners to be responsible for the
City report on evacuated Castledowns Pointe condo recommends changes for public safety (AB)
An investigation report by the City of Edmonton has found that the construction of a condo building evacuated due to structural problems in September did not align with design drawings, confirming what
Storing e-bikes, e-scooters in your condo? A handful of B.C. strata councils say no
Faced with growing concerns about e-bike and e-scooter battery fires, a small but growing number of strata councils in the province are banning them from buildings.  “The number of strata corporations, …

Canada Condo, Strata & HOA Articles

Condominium RePiping: A Second Wave of Plumbing Failure (ON)
The second wave of plumbing failure has arrived. First it was Kitec, which caused chaos and floods in buildings due to the use of two dissimilar metals in the plumbing system. And
Proving the Source of Smoke
In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed
Sharing Between Condominium Corporations (ON)
In the case of OCCC 574 v. OCCC 573, there was a retaining wall located (essentially between the two condominiums) partially on each property. About 60% of the retaining wall was on

International Condo, Strata & HOA News

Australia: Strata practices report unleashes torrent of criticism

Allegations that a major NSW strata management firm has been charging excessive fees for insurance services without full disclosure of the arrangements have touched a nerve and triggered a torrent

Australia: Strata lawyers back Trowbridge-recommended reforms

The Australian College of Strata Lawyers says it supports the introduction of reforms recommended by consultant John Trowbridge in his review of practices in the sector.  The college, in response

Australia: High-profile strata company Netstrata caught charging excessive fees and taking kickbacks

One of the country's most high-profile strata management firms has been using its wholly owned insurance arm to charge apartment owners insurance brokerage fees as high as three times the