Why should bird conservationists work with homeowners associations? San Diego Audubon has a great workbook answering this question, and providing guidelines for creating and implementing sustainable, nature-friendly landscaping projects within planned communities administered by a homeowners association. The 20 page guidebook also includes a case study from the community of Eastlake in Chula Vista, California, […]
In OpenBand lawsuit, stage set for complex case
A $50 million lawsuit filed by telecommunications provider OpenBand will head to court in February, marking a new escalation in a years-long, increasingly litigious battle involving the Dulles-based company, its eastern Loudoun customers and county supervisors. Read More……
Bexar County Jury Awards HOA $208K from former President and Lawyer
A jury has spoken in the somewhat protracted dispute between the Ventura s HOA and various owners of properties in that northeast Bexar County subdivision. The former HOA President and its former attorney were hit with a whopping $280K verdict on December 21, 2012. Read More……
2013 New Year Resolutions for Directors and Residents of HOAs
For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors. Read More……
Payback Time: Florida Homeowners Foreclosing on Banks
Since the housing bubble burst in Florida five years ago, more than 400,000 borrowers have had their homes foreclosed on by their lenders. But for some, it’s payback time. Hundreds of homeowners and condo associations are foreclosing on banks that have failed to pay dues and other expenses on the properties they’ve repossessed. Read More……
Board & Managers Responsibilities
Residents who purchase units in condominiums, townhomes and co-ops, don’t always understand the roles and responsibilities of the Board of Directors and the Property Management Firm. This checklist provides some insights.
The Annual Audit -Taking Your Association’s Financial Pulse
The health of your association’s finances can have a dramatic effect on the board of director’s ability to effectively maintain the property’s assets and value. In order to keep the property’s assets in good order and keep home sales on the rise, it is crucial that the board Read more………
Condo Associations & HOAs Losing Millions Nationwide
According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States. Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud, […]
You Need to Keep Logs of When You Shovel Snow and Ice! Here’s Why
The condo board at the Village Mall at Hillcrest Condominium, in Queens, thought it was doing everything it had to do on that winter’s day. Its porters and superintendent regularly used a small tractor to remove snow, and a plastic device on wheels to spread salt onto the sidewalks. But they kept no logbook of […]
SIDE STREETS: Transparency coming to homeowners associations
If you volunteer on a homeowners association board, you better create a new email account, quickly, for HOA business only. And be prepared to operate with greater accountability to your fellow homeowners. A new state law taking effect Jan. 1 mandates new levels of transparency from HOA officers while it takes steps to protect the […]
Property Owners’ Attorney’s Fees Incurred In ADR Dispute Resolution Matters Were Properly Recoverable
Homeowners association, in this one, must have felt the sting of statutory fee-shifting provisions which allowed the property owners to recover $112,665 in fees based on winning a dispute over the correct interpretation of CC&Rs. Read More……
Making a List and Checking it Twice
It’s that time of year again when Boards are planning for the New Year. One of the tasks on their list should be to make sure the Association has enacted the mandatory governance policies and that each policy is being consistently implemented. Read More……
San Francisco condo owners can sue architects
A state appeals court has reinstated a lawsuit by a San Francisco condominium owners’ association against architects of a 595-unit luxury complex across from AT&T Park, accusing them of design flaws that caused overheating and structural defects. A Superior Court judge had dismissed the Beacon Residential Community Association’s claims against two architectural firms last year, […]
Superstorm Sandy: Federal Help Exists for Co-op and Condo Associations
In the terrible aftermath of superstorm Sandy, co-op and condo boards and residents found themselves struggling with both dire immediate needs and longer-term woes. With lobbies, basements and other common areas flooded and in need of repair and reconstruction, with electrical panels destroyed and with buildings not collecting maintenance or common charges from uninhabitable apartments, […]
How to be a Grinch
I’ll admit it, I’m something of a Grinch. I’m just not very good at putting up the holiday decorations that so many other people do so well. My neighborhood is having a holiday light competition. I haven’t managed to put up any lights, but if I were to put up anything, it would look like […]
Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators
The Shadowood condominium complex, on South Lakes Drive in Reston, has been ordered to stop charging fees for rules violations because its original master deed doesn’t allow it. The court ruling has implications for condo and homeowner associations across Virginia. Read More……
Smart Buildings, Smart Boards: If Phones Can be Smart, Why Not Buildings?
If phones can be “smart,” why not buildings? With the ever-expanding array of consumer technology available today, it should come as no surprise that residential buildings are able to incorporate more and more cutting-edge technology into their communications, security, and operations systems than ever before, and to unify building operating systems so they can be […]
The Importance of Knowing Your Warranties
Warranties for products are simple to understand, most people might think. You go to the store, buy a computer or a DVD player or a TV, or even a larger appliance like a refrigerator, and you get a piece of paper describing a one-year or two-year warranty, and what’s covered. Sometimes, for some extra money, […]
Masonry Requires Regular Maintenance
What many co-op and condo associations don’t understand is that there is a fair share of maintenance that goes into brickwork. From repointing and caulking to cleaning and sanding – brick walls are an investment and if taken care of appropriately can last beautifully for generations. Read More……
Planning for Capital Improvement Project Contingencies
Sooner or later, every resident living in a condo, HOA or co-op community will have to deal with the inconvenience of living through a major capital improvement project—a roof replacement, an elevator rehab, serious exterior work, or something of that nature. Read More……
Holiday Safety Reminders
As we celebrate the holidays this season, it is important that we practice safety during the festivities. The following are some precautions and safety measures recommended by the United States Fire Administration and your local Fire Department. Read More……
California’s New Fire Prevention “Fee”
Homeowners in California should be expecting a new bill in their mailbox for the calendar year 2011 and onward. The California legislature has passed a controversial new Fire Prevention Fee which will aim to defray the State’s costs for fire prevention services. Read More……
Clear Dog Policies Help to Avoid Disputes, Confusion for Community Associations
Doggie disputes are a common issue for many owners and board members in South Florida condominium communities. In today’s housing market, many people who were previously living in a single-family home are now finding themselves living in condominiums or deed-restricted communities with their pets. Read More……
Strategic Planning for the New Year
We all know that it is easy to get caught up in day-to-day activities and “emergencies” that command so much of our time. But we also know that, every once in awhile, it is a good idea to take a step back and reflect on where we have been, and where we are going. While […]
Meeting Moment–Amending Minutes
The first action item on most owners’ meeting agendas is approving the minutes of the last owners’ meeting. Let’s say that — as usual — you have an ambitious agenda, with many action items and a limited time in which to get through them all. But when the secretary moves to approve last year’s minutes, […]
Is Your Association Prepared for Natural Disasters?
Natural disasters come in many shapes and sizes. It could be a tornado, a flood, Superstorm Sandy, or a wildfire. Regardless of the type of disaster, the devastation and loss is often overwhelming. Nothing can fully prepare someone to handle the emotional impact of a natural disaster. However, with some thought and planning before a […]
The Quiet Rise of the Much-Maligned Condo
Junius Henri Browne bought one of the original flats in the Rembrandt, an eight-unit apartment building on West 57th Street in Manhattan that opened, in 1881, marking what we’d think of today as the country’s very first condo. The apartments cost about $16,250 (or some $2.4 million now). Browne, a well-known Civil War correspondent at […]
Condo liens: Judicial lien v. security interest v. statutory lien – and who cares?
Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) – Young, a chapter 13 debtor, sought to avoid a condominium association lien for assessments because his chapter 13 plan was feasible only if a large portion of the lien could be avoided. If the lien was classified a security interest it could not be avoided (based […]
Neighborhood Watches – Stand Your Ground – Shoot First ????
A 2009 shooting in Utah demonstrates the problems with Shoot First laws, as drafted and promoted by ALEC and conservative Republican legislators that expands the ability to shoot upon belief of threat off the premises of one’s own property. This was exactly the kind of incident that law enforcement, prosecutors and opponents of the Minnesota […]
Sixth Circuit rules condominium assessments qualify as debts under FDCPA
In the recent case of Haddad v. Alexander, Zelmanski, Danner & Fioritto, the Sixth Circuit held that assessments imposed by a condominium association on individual unit owners qualified as “debts” under the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, a debt is “any obligation or alleged obligation of a consumer to pay money […]
HUD charges Pevely condo owner with violating Fair Housing Act
The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act. Read More……
Rules for the Holidays
The holidays are just around the corner, and for many people, that means lots of festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that residents who are hosting celebrations are not only considerate of their neighbors, but also take note of the association’s rules. A complete […]
State Supreme Court Permits Continued Development Of Franklin County Subdivision
The Tennessee Supreme Court on Monday upheld a decision of the Chancery Court for Franklin County to permit the continued development of Cooley’s Rift, a 1,400-acre residential development near Monteagle, despite objections from some original homeowners to changes in the development plan. Read More……
Significant Maryland Condominium Arbitration Award Confirmed By Balitmore City Circuit Court
The Circuit Court’s confirmation of the $1,252,487 arbitration award resulted in what is believed to be Maryland’s largest judgment against a condominium council of unit owners for its failure to maintain, repair, and replace the common elements of a condominium building (in this case, the roof system, exterior façade, and HVAC ductwork of a 27-story […]
Survival Steps: How The Albert Co-op Weathered Hurricane Sandy (video)
Fred Rudd, manager of The Albert, discusses how the cooperative’s advance emergency planning helped the residents cope with an eight-day blackout in the wake of the devastating hurricane that hit New York last month. More storm reports from New York-area co-ops and condos at www.habitatmag.com. Read More……
Developers may require that construction defect disputes be resolved through arbitration (CA)
The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may require that construction defect actions be resolved through arbitration rather than by jury trial. Read More……
Drones: A Controversial Eye in the Sky for Property Managers
Ashley Halligan writes: “The FAA Air Transportation Modernization and Safety Improvement Act, passed earlier this year, will authorize funds exceeding $60 billion for the Federal Aviation Administration (FAA) through 2015. The bill, intended to accelerate modernization in U.S. aviation, includes a rather controversial component: drones.” Read More……
Community association law moves up
Community associations, the nonprofit corporations that govern subdivisions, condominiums, planned communities and mixed-use developments, have become as common as fast-food restaurants. Nearly every new real estate development with multiple owners is governed by one or more community associations. Read More……
Prevailing Party: Trial Court Did Not Err In Finding Neither Party Prevailed In HOA Driveway Characterization/Slander Of Title Dispute
In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the characterization of a driveway after her sister contributed to her incurring attorney’s […]
Steps that should be taken to protect a community association’s funds
When property management companies go out of business, they can leave behind trails of unpaid bills and large losses from community associations’ reserve and operating accounts. There are many ways to protect your association funds. Read More……
The Insurance Puzzle – What Boards Must DO and Must AVOID
A key obligation of the association board is to protect the assets of the association. One of the primary elements of this responsibility is insurance, but many volunteer board members have limited experience with insurance. They’re only familiar with purchasing personal auto, home and life insurance. Most know the limits and the price, but few […]
The Benefits of Being on the Board
Many co-op and condo owners want to get involved in their community but they soon find out that being on the board is no picnic. Soon neighbors are pestering them asking for feuds to be settled, decisions that affect all resident’s lives have to be made, and then there are the books…financial matters that have […]
When Owners Don’t Pay: HOA Boards Struggle to Make Ends Meet
Nothing remained in the New Jersey townhome after the owner, exasperated and struggling, financially picked up and left. And took everything with him. “Not only did he walk away, but he gutted his house,” says Joseph J. Balzamo, a president at Alliance Property Management LLC in Morristown. “He took the appliances, he took the electric, […]
To Recuse or Not to Recuse? That Is the Question an Attorney Answers
A 70-unit, eight-building condominium complex faced the issue of a board member’s personal involvement in its decision-making process. The backdrop was cigarette smoke flowing from one unit into other units — including one owned by a condo-board member. You can probably see where this going. Read More……
Getting Out the Vote: Holding Fair Elections
When it comes to running board elections in a condo or co-op community, the biggest concern among those involved is making sure the elections are fair and balanced and nobody has a reason to cry foul. Elections can be heated as it is, so the voting process should run smoothly and without any hiccups. Read […]
Electronic Communication (Emails) Are Discoverable in Litigation
Our firm philosophy has long been “Communication not Litigation.” This philosophy is based on the belief that disputes are best resolved in a voluntary and reasonable manner rather than through the time, expense and aggravation of a lawsuit. Recent developments in the law, however, may require Association boards to pay much more attention to how […]
Florida Court Reviews Entitlement To Attorneys’ Fees
No one wants to be involved in a lawsuit. Guaranteed to not only be a real drain on time and elevate stress levels all around, litigation can rack up enormous legal fees for both the plaintiff and the defendant. A well-known strategy for companies is to include wording in contracts that allows a prevailing party […]
The ARC and The Covenants
As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build […]
Fiduciary Duty: What Boards & Residents Should Know
Being elected to the board of directors of a co-op or condo comes with a great deal of power, and with that power also comes a great deal of responsibility. Whether they serve a co-op or condo community, board members, in their position of power, have a responsibility to govern and make decisions on behalf […]