On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”). Read More……
HOA Concerns in Contracting with Vendors
Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms of the vendor contracts. Because such liability […]
AB 1720 Signed into Law Requiring Access to Gated Communities for Licensed Private Investigators for the Limited Purpose of Service of Process
California Governor Jerry Brown recently signed AB 1720 into law. The bill, introduced by Assembly Member Norma Torres, aims at ensuring that state-licensed private investigators are provided access to gated communities to serve process, just as licensed private investigators are able to serve process everywhere else. State law currently ensures that registered process servers are […]
Déjà Vu All Over Again: Political Signs in Community Associations
As reported in the Press of Atlantic City, Anita Carbonara has two signs in support of President Barack Obama in the windows of her Barnegat Township home. The Board of Trustees at the Heritage Point, Ms. Carbonara’s homeowners’ association, wants the signs removed. Ms. Carbonara previously made a request to the Board to allow her […]
Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community
Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. Read More……
Dealing with the Media
I have a Google Alert set up which gives me a daily report of internet posts and media coverage anytime an association is involved. I see, on average, 10-15 stories a day. As a result, planning for your association to receive media attention is something every manager and board members should do. Read More…… (PDF)
For Whom the Bill Tolls: Board Sues AT&T for 18 Years’ Cell-Tower Electicity
Calling AT&T: Why have we been paying your electric bill for 18 years? That’s the question the condo board of The Leonori condominium — where residents include the actor Samuel L. Jackson and former Morgan Stanley CEO John Mack — has put to the telecommunications giant after discovering the building has been paying to power […]
The Homeowner’s Association (HOA) Statute in Alabama
An HOA is an entity that governs activities in a residential area. Most HOAs require residents to pay dues for services they provide, such as landscaping of the subdivision’s streets. Read more……..
Signs of the Times
It seems that with every election cycle, the campaigns start earlier and earlier. It’s almost to the point where it feels like there is no break or rest between them. Also, the politics of our country are getting more and more divisive and well, just plain mean. It only stands to reason that condominium and […]
Balancing Resident Experts’ Help with Your Paid Professionals’ Expertise
Co-op and condo boards have many “non-professional” professionals — lawyers, engineers, insurance agents, architects, teachers, designers, accountants and others who can tap into their work résumé to help expedite matters at your buildings. Savvy boards have learned to complement their paid professionals by utilizing the talents of a variety of professionals living in your buildings. […]
Condominium Unit Owners Not Strictly Liable for Damage Originating from Their Unit in Ohio
In condominium associations, where individual owners share a common interest in property and are often within close proximity to each other, it is not uncommon for disputes to arise between individual owners. Resolution of these disputes often turns on how the property relationships are defined by condominium association documents and bylaws, as well as state […]
Who Gets Preliminary Notice When Working on A Condominium Complex in Washington?
Over the weekend, a reader sent in an interesting question about Washington’s preliminary notice requirements. The question relates to construction work and materials furnished to a condominium complex, specifically inquiring as to who must receive the preliminary notice on such projects? Read More……
Court Tells Board in Foreclosure Case: The Guy Paid. What Else You Want?
Most condominium boards and their managers and attorneys act in what they perceive to be the best interests of their condo associations. But when one Manhattan board in an arrears foreclosure tried to not let the owner pay, and then tried to not tell the court when it did let the owner pay, the judge […]
Ruling opens door for Sellersburg to annex Covered Bridge
The Indiana Court of Appeals has upheld Clark Superior Court’s 2010 decision that voided the incorporation of Covered Bridge as a town. The appeals court also upheld the lower court’s dismissal of a petition signed by more than 600 residents of the golf community and surrounding rural area who opposed Sellersburg’s proposed annexation of their properties. […]
Suit Happens: But Disputes in Communities Can Be Resolved Without Legal Action
Imagine your own family, if you will —each person with his or her unique personality, attitude, experience and background. It’s inevitable that occasionally you might clash with sister Susie, brother Bob or even an uncle or an aunt. In an association or building, hundreds, if not thousands, of people live together, sharing common areas and […]
The Debate Rages On: Considering Building-wide Smoking Bans
Concern over health and an evolving legal landscape has prompted a number of condo and co-op boards in Suffolk County, Massachusetts, as well as communities across New England to ban cigarette smoking in individual smoking units. Read More……
Happy and Effective HOA Residents: Trait #2
Yesterday I began posting a series of blog entries outlining traits of happy and effective residents in HOAs. While members of the boards of directors of HOAs certainly have a significant role in creating vibrant, healthy and livable communities Read More……
Happy and Effective HOA Residents: Trait #1
For those of you who follow our blog, you know that last spring I posted a series of blog entries outlining the Traits of Highly Effective HOA Directors. This popular series focused on those traits of HOA directors that contribute to the successful governance and operations of the associations they serve. Read More……
Fourth Court Upholds Allegedly Obsolete Restrictions Mandating Residential Use Along Blanco Road
On July 13, 2012, the Fourth Court of Appeals of Texas (San Antonio) issued its opinion in a case in which it was asked to determine whether antiquated residential-use limitations applied to a subdivision abutting now heavily-developed and largely-commercial Blanco Road in San Antonio. Read More……
Homeowners Association Found to Have Equitable Easement Despite Lack of Recorded Document
Sumner Hill is a homeowners association in a gated community in Madera County. The Sumner Hill residents historically enjoyed access to a private road that leads to the nearby San Joaquin River. That access was jeopardized when a portion of the Sumner Hill property was sold to an outside developer. The developer first sought to […]
Court ruling could increase liability of individual condo, co-op board members
New Yorkers may become even more reluctant to sit on the board of their condominium or co-op building. A decision handed down by the state appellate court this month could increase the likelihood that individual board members will be held liable for their building’s decisions, the Wall Street Journal reported. Read More……
What is “Reasonable”?
Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; […]
Ticky Tacky Little Governments: A More Faithful Approach to Community Associations Under State Action Doctrine
Community associations are an innovative solution to a myriad of challenges that arise in the ownership of residential property. They solve collective action problems and fulfill desires in the common pursuit of neighborhood harmony. But when community associations go too far to conform and perfect the neighborhoods they govern, they often intrude on the fundamental […]
On further thought . . . Reversing earlier board decisions
A recent decision of the Ontario Small Claims Court tackles the interesting issue of whether and how condominium boards can reverse earlier decisions in maintenance and repair scenarios. Read More……
HUD charges MN management co. with discriminating against families with children
The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a Minnetonka, MN, condominium association and its management company, Gassen Company, Inc., with violating the Fair Housing Act by discriminating against families with children under the age of 18. According to HUD’s charge, Greenbrier Village Condominium III Association allegedly maintained […]
More Momentum for Smoke-Free Co-ops and Condos, with Help from HUD
Hate dealing with secondhand smoke in your co-op or condominium? As an attorney I often hear complaints from co-op board and condo association members about the extra costs incurred as a result of heavy smokers. Staff sweep up cigarette butts day after day, boards hire outside vendors to steam clean upholstery, curtains and area rugs […]
HOA Hosted Public Events: ADA Compliance Required?
Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act? Read More……
The Debate Rages On: Establishing a Building-wide Smoking Ban
Concern over health, the environment, and an evolving legal landscape has prompted a number of condo and co-op boards in communities across New Jersey to ban cigarette smoking not only in common outdoor areas but in individual units. This restriction has ignited a heated debate over health/nuisance vs. individual rights, and both sides can be […]