How do we as humans deal with people who yell and scream at us or refuse to be rational? You know the type, adversarial, manipulative, inflexible, unreasonable, irrational. For most people, the answer is “We don’t”. If given the choice, most of us choose not to work with people like this. We don’t socialize with […]
How Can Community Associations be Smart with Smart Phones?
As smart phones are being used for a multitude of things, how can they be used in the community association context? One way is to access information quickly. In the middle of a meeting once, I had to get the specific language of a statute. A quick Google on my phone, and I had the […]
The Vicious Cycle of Collections and a Solution: Acceleration!
Situation: On January 10, 2012, your association obtains a judgment against a homeowner for the balance, as of that date, of unpaid assessments, late fees, interest, attorney fees, and costs. In June of 2012, through a wage garnishment, the judgment balance is collected. Success? YES and no. Read More……
Time to Budget for Deferred Legal Maintenance
Now that accounts receivables are finally starting to shrink, many associations are working hard to stabilize their communities’ finances and planning to take care of long-deferred maintenance projects. During this upcoming budget season, boards and managers will be making important decisions about which projects can, and must, be funded next year and over the coming […]
Smoking Bans in Condominiums
Most Michigan residents are familiar with the Dr. Ron Davis Smoke-Free Air Law of 2009; if not by name, then by its radical ban of smoking in Michigan’s restaurants and taverns. It is hard to imagine another law that has changed our daily lives more. The Act, and others like it around the country, is […]
AL: Homeowners’ associations face scrutiny
A state task force is looking into homeowners’ associations and whether they’re too restrictive. One Montgomery resident says he knows the issues firsthand. Read More……
Recovering Attorneys’ Fees in HOA Election Disputes
The California Court of Appeal’s recent ruling in a case underscores how crucial it is for HOAs to strictly comply with the Civil Code’s election procedures and requirements. The court in That v. Alders Maintenance Association (2012) applied Civil Code § 1363.09 to hold that a HOA’s attorneys’ fees and costs are generally not recoverable […]
Recent HOA News
The Millshaven Property Owners Association is suing Becky Rogers-Peck over the pink playhouse in her yard built for her granddaughter. The Association says the color of the playhouse violates the covenant that Rogers-Peck signed. She has until October 5th to respond. Read More……
Boost reserve funds with cell phone antennas
Savvy Home Owner’s Associations (HOAs) should always be looking to augment their reserve funds without raising fees in the community. There are several ways to do this if you think creatively. Some common strategies include the addition of coin-operated washer and dryers or renting out common area rooms or space for community functions. One thing […]
Before You Start Pointing Fingers….
I recently read an article where a homeowner was upset about her condominium association initiating foreclosure proceedings against her for her failure to pay her assessments. While people may read this article and feel sorry for the homeowner, one should keep in mind that the homeowner failed to appear at court to protect her interests […]
Are Management Companies Under Attack?
In what may become a national trend, two states are attacking the issues of whether certain types of activities routinely performed by management companies amount to the unauthorized practice of law. Read More……
Neighborhood Association Unveils Its Own Library
The Fairview Mews Homeowners Association, representing a neighborhood of about 150 households located off of South Glebe Road and South Walter Reed Drive, has established a Little Free Library, one of about 2,000 of the kind around the globe. Resident Rob Walter read an article on the library movement, and won support of the association’s board […]
Trustee No More
I am thrilled to report that I lost about 20 pounds yesterday. Don’t worry about my health: this was a combination of figurative weight loss and non-biological weight, including files and emotional burdens. On January 19, my three year term as a subdivision trustee finally ended. Wahoo!!! Read More……
Hiring Professionals – A Winning Approach
One of the key questions facing volunteer community association boards is, “When should we hire a professional to assist us?” This question oftentimes will apply to professional management companies, construction professionals, vendors and service providers, accountants, attorneys and Read more…….
How to Appeal to Generation Y?
It was bound to happen, the number of Generation Y homeowners (people born between 1978 and 1993) is beginning to outweigh Generation X and the Baby Boomer generation. With Generation Y making up over 70 million people in the United States and an estimated 32% of those 70 million being homeowners, associations are facing the […]
AZ: Class Action Filed Against AZ HOA Management Companies
Class Action Lawsuit Filed by Arizona Homeowners Against Arizona HOA Management Companies Alleging Millions of Dollars of Damages for Violations of Federal Debt Collection Laws and Arizona Law Read More……
Board 101: What Are the Duties of a Condo or Co-op Board Secretary?
Time to do the minutes. See? Bet you didn’t know there were board-secretary jokes! What else do co-op / condo board members and residents not know about the position of board secretary? For one thing, he or she is responsible for a lot more than just the minutes. How much more? Hours’ worth! Read More……
The Value of Pre-Construction Planning
The vendor / HOA manager relationship is a unique one in the world of real estate construction. Both parties face challenges and obstacles when it comes to processes, expectations and deliverables. Hiring a competent construction manager can effectively mitigate many of these issues through up-front, preconstruction planning and streamlined communication throughout the project. Read More……
Board 101: What Are the Duties of a Condo or Co-op Board Treasurer?
You might reasonably imagine you know what a co-op or condo board treasurer does. He or she is like an accountant, right? Or, well, maybe a bookkeeper. It’s the kind of thing where it helps to have a degree in finance. Or is it economics? Or accounting? And it’s up to the board treasurer to […]
A list of Do’s and Dont’s for HOA Management:
Customer service. Answer your calls and emails within 24 hours of receipt. Even if you don’t have an answer, let your client/homeowner know that you are working on it. Read More……
Australia: Whole new storey: strata laws with less red tape, more people power
There’s a saying in politics that you don’t ask a question unless you know the answer. A discussion paper released at the weekend by the Fair Trading Minister, Anthony Roberts, offers almost 70 pages of possible answers for a proposed huge change in strata law. Read More……
Rogers Towers: Defeating Homeowner’s Association Claims for Unpaid Assessments in Foreclosure Cases
When is a first mortgagee not liable for any unpaid HOA assessments that came due prior to taking title? Judging solely by the text of § 720.3085(2)(b), it would seem that a first mortgagee that takes title to property through foreclosure or deed in lieu would instantly become liable to the HOA for unpaid assessments […]
Vendor Contracts That Protect You: An Attorney’s Three Simple Steps
Every condo or co-op board will at some point hire a vendor to perform certain tasks or furnish services — possibly exposing the building to liability brought about by vendor actions and/or the terms of the vendor contracts. Boards of directors and managing agents must understand how to properly protect the building when hiring a […]
Cat in condo? OK. Companion dog? No way
The age-old question of which is better, cats or dogs, has landed in federal court in Minneapolis. The unusual issue has provoked a big legal fight between a disabled Minneapolis woman and the board overseeing a condominium where she’s been a longtime resident. Read More……
Court opinions could change residential lending
The landscape for residential lenders in Oregon and Washington is changing quickly. Three recent appellate court opinions have the potential to significantly impact how residential lenders do business in the Pacific Northwest. Read More……
Rules of the Road for Productive Board Meetings
Those of us who specialize in community law spend a whole lot of time at HOA board meetings. Based upon experience, I can tell you that how well a meeting is run can make a world of difference in the amount of business which gets accomplished and whether the interactions at the meeting are constructive. […]
Are Board Members Safe?
Last week, a gunman who had a long-standing dispute with his association over deed restrictions, shot and killed one person and critically wounded a second at his association’s meeting in Louisville, Kentucky. The incident occured during an association meeting being held in a community church. This, as well as the other violence we’ve seen occuring […]
The Reality of Underfunded Reserves
In today’s economy it can be tempting for HOA boards to under fund their reserve in an effort to save money. This is a disturbing trend in our industry because it can often leave the HOAs in a compromised position. With underfunded reserves, they have no choice but to scale down or defer important repairs […]
VA: Community Associations and the Power to Adopt Rules and Regulations: Is it more limited than we think?
Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et […]
You’re Building What Next to my HOA??
Anti-Wal-Mart yard signs began appearing last month in neighborhoods surrounding the 9th and Colorado redevelopment project in advance of a public meeting on the project. If your association is faced with a potentially unwanted development next door, what is the association’s responsibility? Whether it’s a Wal-Mart or a Dollar General store, boards are often faced […]
When Leadership Means Prodding a Board to Spend Money to Save Money
Ann Gordon moved into a 122-unit co-op in the Van Cortlandt Village section of The Bronx in 1986, when her career as a maker of large public sculptures was at its peak. She suspended a gigantic green boot above a Broadway marquee and installed 30-foot-long ballet slippers on the Brooklyn Academy of Music. Although she […]
Fidelity Insurance – Is Yours Adequate?
What would your association do if you discovered tomorrow that the association’s bank/investment accounts had been completely emptied by a board member and it was obvious that the association would not be getting the money back? Read More……
HOA Opinion Piece in Denver Post Paints Unfair Picture
Today in the Denver Post, an opinion was published by Jose’ Martinez entitled The dark side of HOAs. While there is no question that not every HOA is perfect, it’s unfortunate that Mr. Martinez made the leap that based upon an anecdotal situation he observed – all HOA boards and management companies are bad. Mr. […]
Bed Bugs and Boards: The Steps One Co-op Took When Suspecting Infestation
When a resident in your co-op or condo reports the possible presence of bed bugs, quick response is important because the board, ultimately, has the legal responsibility to deal with this issue. Read More……
Keeping it Above Board: Avoiding Common Conflicts of Interest
One of the trickier problems to deal with when you live in a co-op or condo is dealing with board members who sometimes let the power go to their heads. Even though they are entrusted with a great deal of responsibility in the smooth running of the building, it’s vital that board members don’t use […]
Insurance Fraud! We All Pay the Price
Last year in New Jersey, a former property manager in Freehold Township was accused of embezzling $75,000 from homeowner dues. In a separate case, a woman, her husband and mother were charged with theft from an Aberdeen condo association after misappropriating $995,000 of the association’s money from January 2005 through September 2006, and in Readington, […]
Mind the Gap: Understanding Your Insurance Responsibilities
Insurance is designed to be there for us when we need it most. Without knowing the full extent of our coverage, though, we may find ourselves with less protection than we thought. For condominium owners, it is imperative to understand exactly what liabilities and risks are covered by individual resident homeowner policies and what is […]
Rookies No More: Veterans Helping Newcomers
Remember your first day at a new school? Most likely, you didn’t know a soul, had no idea what the students were learning and you probably felt nervous, intimidated or maybe even afraid. In most cases, this is what it’s like to be a new board member. A newcomer walks into a meeting for the […]
Budget Season: How is your HOA handling reserves?
After a wonderful holiday weekend, it’s time to saddle up and get back to work! For management and boards of homeowners’ associations (“HOAs”), that means budget season is now in full swing. While community association managers play a pivotal role in assisting boards with the creation of budgets, it’s ultimately up to each board to […]
Vacancies in Your HOA Neighborhood – What Can You Do?
Living within a homeowners association (HOA) has several benefits that lead people to move into these neighborhoods. Common areas are kept up by the HOA and these neighborhoods often also have shared amenities like gyms, tennis courts and walking trails. Unfortunately due to the current state of the housing market, some homes are left unoccupied […]
Is Your Association Utilizing All of The Tools Available To It?
Many times I receive calls from condominium and homeowners association board members and managers who are at their wits end with certain residents in their community who cannot seem to follow the rules. These are the residents who paint their homes without seeking and receiving approval, move tenants into their units under the cover of […]
The Mailbox Rule: The Law’s Response to “I Didn’t Get Notice”
How many times have you heard a homeowner tell a manager or board that he/she did not receive the delinquency notices mailed? As a collections attorney, I hear this excuse very frequently from homeowners. More times than not, homeowners do not “receive” letters because they fail to open their mail. This can be intentional or […]
Does Your Association Have the Written Policies it Needs?
By now, most community associations have met the minimum requirements when it comes to adopting the responsible governance policies required under the Colorado Common Interest Ownership Act (CCIOA). You have duly adopted all 9 of the required policies, including a collection policy, an enforcement policy and a conflict of interest policy to name a few. […]
Using Common Sense Could Lead to More Common Cents in Your Community
I am a lawyer. I read, on a regular and ongoing basis, governing documents, statutes, contracts, and other such documents. I am asked to provide my opinion on various legal issues and, in doing so, I review the relevant documents and applicable law, and provide a course of action. And yet, all the legal knowledge […]
CA: What You Need to Know About Small Claims Court
There are certain claims where small claims court may be the appropriate venue, as opposed to superior court. Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5000, which is the limit that a California community association can recover in small claims court. Read More……
Indiana AG files lawsuit against three board members of The Harbours
“Today’s lawsuit is the first of its kind under a new state law allowing the Attorney General’s Office to regulate homeowner associations,” said Gabrielle Owens, director of the Homeowner Protection Unit and Licensing Enforcement Unit of the Indiana Attorney General’s Office. “Board members have a fiduciary duty to serve in the interest of those they […]
Florida Bar Looks at Issue of Managers and the Unauthorized Practice of Law
In June, 2012, the Florida Bar’s Standing Committee on the Unauthorized Practice of Law discussed the ever present issue of what constitutes “unauthorized practice of law” or “UPL” by community association managers. There are approximately 15, 600 licensed community association managers currently active in the State of Florida. Of those, the Department of Business and […]
Condominiums CAN Go Smoke-Free: Two Condo Boards’ Instructive Efforts
Enforcing a smoking ban is stickier in condos than in co-ops. While in both cases a supermajority of the shareholders or unit-owners can amend the bylaws, enforcement is the key issue: A co-op can terminate a shareholder’s lease, but a condominium association’s chief weapon is a fine — and if a repeat offender fails to […]
Followup to earlier post: More Firms Bow to Generation Y’s Demands
They’re often criticized as spoiled, impatient, and most of all, entitled. But as millennials enter the workforce, more companies are jumping through hoops to accommodate their demands for faster promotions, greater responsibilities and more flexible work schedules—much to the annoyance of older co-workers who feel they have spent years paying their dues to rise through […]
IL: Amendments to Common Interest Community Assn Act (HOA/POA)
Amendments to Common Interest Community Assn Act (non-condo’s) signed into law August 2012 Read More……