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 […]
Homeowner Associations/POOF!: Reversal Of HOA Award Means Homeowner Survives To See What Happens On Remand
Homeowner Association (HOA)/homeowner disputes seem to be very acrimonious. However, depending on who prevails, there may be fee exposure under Civil Code section 1354 (CC&R enforcement) or Civil Code section 1717 (contractual fee enforcement). But, each side may have to wait until the end of the day–including numerous appeals–to decide who prevails, so that may […]
Banging My Head On My Desk (and other therapeutic behaviors)
Subtitle: “Stupid is as stupid does” In going through the news feeds last night, I ran across this in a column of posts to the newspaper: From Ranson: My mother is recuperating from a debilitating stroke that has left her with impaired speech and a severe limp. Weeks after her return from the hospital, she […]
Foreclosing Lenders Avoid Disaster and Given More Options To Foreclose In Eaton v. Fannie Mae Case
The Massachusetts real estate community has been waiting 8 long months for a decision from the Massachusetts Supreme Judicial Court (SJC) in the much anticipated Eaton v. Federal National Mortgage Association (link) case. The decision came down June 22, and now that the dust has settled, I don’t think there is any question that lenders […]
Condo Boards Take a Stand on Delinquencies
A SUCCESSFUL condominium depends, in large part, on owners’ paying their monthly fees promptly and in full. Delinquencies can mean less money for maintenance and amenities — and draw the ill will of fellow residents. While the sheer size of larger buildings can often blunt their impact on the budget, small buildings with a high […]
Lying About Assistance Animal Backfires on Owner
In this day and age it’s a rare situation where an association prevails in a legal action involving assistance animals. But for the Sun Harbor Homeowners Association, this is a current reality. Read More……
MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION v. KHAN
MAZDABROOK COMMONS HOMEOWNERS’ ASSN v. KHAN MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION, Plaintiff-Appellant, v. WASIM KHAN, Defendant-Respondent. No. (A-65-10), September Term 2010 (067094).Supreme Court of New Jersey.Argued October 24, 2011.Decided June 13, 2012. CHIEF JUSTICE RABNER delivered the opinion of the Court. The question in this appeal is whether a homeowners’ association can prohibit residents from posting political signs […]
Get the Weeds out of the HOA Common Area
Some people call them weeds, other just say plants growing in the wrong place. They seem to sprout overnight and can grow flowers that emerge in a heartbeat. Recent rains have resulted in vigorous growth. If left unchecked can steal water and nutrients from neighboring plants. Where do they come? What can be done to […]
A Reporter Calls: Part 1
First things first: Get the full name of the reporter and get his or her phone number and e-mail address. Make sure you identify the news outlet. Be friendly and respectful. Don’t convey a tone that indicates defensiveness, anger or guilt. Ask: What’s your deadline? What’s the story about? Don’t hesitate to probe if the […]
FL: New Law Eliminates Important Homeowner, HOA Protections Against Construction Defects in Community Infrastructure Systems
HB 1013, one of the most surprising and anti-consumer pieces of new legislation for Florida homeowners and HOAs, was recently signed into law by Gov. Scott. HB 1013 was passed in direct response to the Fifth District Court of Appeal’s decision in the case of Lakeview Reserve Homeowners Association, Inc. v. Maronda Homes of Florida, […]
The Trayvon Martin Case: The Liability of Community Associations for a “Neighborhood Watch”
The tragic death of 17-year-old Trayvon Martin is a vivid reminder to community associations that neighborhood watch programs, while intended to protect the community with the best of intentions, may also create major risks. Read More……
Court Decisions on Pit Bulls Could Make More Community Associations Growl at Dog Owners
Ask condominium managers and trustees about the major headaches in their communities, and pets will invariably be at or near the top of the lists they create. Many issues engender strong feelings in the condominium world, but few equal the passions unleashed when pets are involved, as anyone who has tried to enact pet restrictions […]
Rogers Towers: Defending Mortgage Lenders Against Attorney’s Fees Claims by Condominium Associations
Lenders foreclosing mortgages in Florida frequently encounter claims by condominium associations for past due assessments. Increasingly, those entities are extending their claims in attempts to recover attorney’s fees and costs as well, often asking for amounts far in excess of the actual assessments. What obligation does a foreclosing lender have to pay these attorney’s fees […]
The Battle With Homeowners Associations
Congratulations! You’ve just bought a new house in a great neighbourhood and you’re ready to move in. A signed contract together with all the necessary documents is resting in your briefcase. Is there anything that can disturb your happiness? Many first-time buyers lack the experience and can therefore end up in trouble just for not […]
Committees: Delegating Board Authority to Achieve Efficiency
The 2012 amendments to the “Common Interest Development Open Meeting Act” have made it significantly more difficult for Boards to manage the affairs of their HOAs in a quick and efficient manner. Those amendments, as discussed in our previous resource,”Senate Bill 563: Boards and their Business,” made significant changes to the Civil Code, including, Read […]
Definition of HOA for Purposes of Administering the AL Business Privilege Tax
(1) For purposes of administering the Alabama business privilege tax law levied by §40-14A-22, Code of Alabama 1975, effective with business privilege taxable years beginning on or after January 1, 2009, and business privilege tax determination periods beginning on or after January 1, 2008: Read more…….
Kicking the Can Down the Road
On Sunday mornings, I really love to sit down and actually read, from front to back, the Sunday newspaper. I know, newspapers are so yesterday, and to be honest, they’re hardly a shell of their former selves, but it’s a longstanding habit that I really enjoy. This week I noticed one particular phrase was popping […]
Sustainable Initiatives for Condos & HOAs
Unless someone strenuously objects, I‘d like to start an argument. When it comes to sustainability and the “green” theme, condominiums and HOA’s don’t get no respect. Read More……
Deck it Out: The Importance of Keeping Your Deck Safe and Secure
When you consider all the different exterior components that a condo association has to deal with, decks are sort of like the Rodney Dangerfield of the list—they rarely get any respect. Read More……
Green Light: Exterior Lighting Updates Can Save Energy, Too
As the ubiquity of the condo “green” movement reaches even greater heights, many property managers find themselves searching for new ways to spruce up their operations. And with the continual advances in lighting technology—each more revolutionary than the next—it may well be time to look again at your property’s exterior lighting. Read More……
Concrete Concerns: Caring for Your Community’s Paved Surfaces
Freezing, thawing and deicing undoubtedly take their toll on concrete during typically harsh New England winters. Corrosion of concrete is an issue in the Northeast, and homeowner associations need to ensure that the concrete forming their sidewalks, pavement and parking lots, as well as walkways and balconies, is properly installed and maintained.
Let’s See Your License: Board Members Should Bone Up on Contractor Law
People say “ignorance of the law is no excuse.” In the same vein, ignorance of contractor illegalities is no excuse—and no comfort—when something goes wrong. Association members are well-advised to bone up on what’s important before they sign their names to a contract for repairs, renovations or new construction. Read More……
What’s in Your Wallet? The Importance of Healthy Reserves
Just as families are encouraged to set aside a portion of the household budget into a savings account, so are community associations advised to maintain a reserve fund for capital improvements—repairs and replacements of major common-owned features, infrastructure and facilities. And just as American families are notoriously lax about saving money, so are condo boards […]
Should Condo Associations Be More Proactive in Fire Prevention
In going back over the news stories for January, I was surprised to find that there were more condominium fires in those 31 days, than in any previous month during the 10 years I’ve been tracking those stories. I was surprised because I would have thought that with the mild weather, the usual causes of […]
Involved & Invested: Volunteers are Still the Backbone of Community Associations
It’s a problem as old as community associations themselves: How do managers increase interest in the possibility of board service? “You know, it’s very common,” says Lynne Kelly, president of Kelly Property Management in Burlington, Massachusetts. “People who move into condominiums just want to go to their annual meeting, if that, and pay their condo […]
Following the Golden Rule: Drafting Rules and Making Them Stick
Every condo association has its own house rules—rules and regulations (hopefully) based on common sense and aimed at protecting residents’ safety and quality of life without undue disruption or inconvenience. Read More……
Aging In Place: Naturally Occuring Retirement Communitites and Alternatives in New England
Citizens over the age of 65 comprise nearly 13 percent of the U.S. population—just under 40 million seniors. By 2030, it is estimated that 72 million Americans will be over the age of 65, nearly doubling those numbers. Where this volume of seniors will live and how, is a question facing not only the individual […]
501(c)(4) Tax Exempt Homeowners Associations
This site provides information regarding tax exempt homeowners associations. We hope that you will find the information on this site helpful in understanding the differences between the various Internal Revenue Code (IRC) Sections under which an association may qualify for tax exemption. Read more……..
A Matter of Style: Manager Personalities Play a Role in Board’s Success
To be considered an effective manager, one must possess a plethora of skills including the ability to inspire, motivate and handle multiple tasks at once. In the end, building managers are only successful when they satisfy, or better yet, exceed expectations—which can be difficult, especially when interpreting the varied personalities that comprise most condominium boards. […]
Striking a Balance: Associations Weigh Revenue Increases Against Service Cuts
As they gaze across azure seas, past palm trees and swimming pools on a tropical coastline, prospective buyers on HGTV’s “House Hunters” show always ask about the fees. Unlike most would-be residents, though, they might not bat an eye at the price tag. Closer to home, savvy home shoppers watch the trends in condo pricing, […]