A homeowners association has a “strict” (and strictly enforced) “no pets” policy but a resident requests that an exception be made to permit her to keep a dog. Or, maybe it’s a cat. Or a hamster. Must the association provide this “accommodation”? The answer is “maybe” and depends in part on whether the resident is […]
Do You Have a Doctor’s Note? Getting a Dog Into a No-Pet Building
What does it take to get a dog into a no-pet building? The question is becoming a hot topic in New York City. Because depending on whom you ask, the answer is A) a legitimate disability or B) a dubious note from a doctor or therapist. Read more……
How To Get Involved With Your Community Association
The biggest way to have an impact on your community association is to obtain a seat on the board of directors (the “Board”). However, if your association is still under developer control (and the developer appoints the directors) this might not be possible. In addition, a position on the Board is a serious commitment and creates […]
Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment […]
HOA: Revitalizing Rules
It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain members play fast and loose with the rules, these boards turn a blind eye or […]
Should Co-op / Condo Boards Create a Five-Year Capital-Improvement Plan?
If you prepare for the worst, you’re better off in the long run. Except when you’re not. A few years ago, the American Institute of Certified Public Accountants (AICPA) suggested that every co-op and condo’s financial statement contain information about the remaining useful life of — and the replacement cost for — all the building’s […]
Florida courts’ application of the “new” economic loss rule since Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc.
The Florida Supreme Court’s March 7, 2013 decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc., 110 So. 3d 399 (Fla. 2013), limited application of the economic loss rule [a judicially created doctrine that sets forth the circumstances under which a tort claim is prohibited if the only damages suffered are economic losses] to […]
Issue Created By Language Used In Deed Restrictions (FL)
The Heleskis began building a structure on their property without notifying or getting approval from the HOA. The structure is 24 feet by 24 feet and is separate from the Heleskis’ main house. The Heleskis’ neighbors complained to the HOA that the structure was in violation of the neighborhood’s deed restrictions. Read more…….
Second District Reversed Order Denying Motion To Compel Arbitration (FL)
Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District reversed the order under review on the authority of Pulte Home Corp. v. Vermillion Homeowners Ass’n, […]
Landmark development ruling could save condo owners millions
A Denver district judge has saved a group of condominium owners at Landmark from having to pay into a tax district they not only never agreed to be in, but also never knew existed until they got a tax bill to help pay for a nearby development that wouldn’t benefit them. Read more…..
Is ADR Right for You? A Primer
Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution mechanism in the right situation. […]
Old Man Winter’s Coming: Now is the Time to Prepare for Winter’s Arrival!
A cold, wet spring turned quickly into a hot, humid summer rife with thunderstorms and localized flooding throughout the northeast. As autumn starts to paint the region’s foliage, community association boards and managers are looking at long-range forecasts and, in their annual ritual, wondering what winter will hold this year. Read more……
(CA) Governor Signs SB 822: Community Association Managers Not “Contractors” or “Consultants” Under B&P Code Section 7026.1
In 2012, California enacted AB 2237, amending Section 7026.1 of the Business and Professions (B&P) Code relating to contractors (Section 7026.1), effective Jan. 1, 2013. AB 2237 required “consultants” overseeing home improvement construction projects to be licensed “contractors.” The result was much confusion and concern regarding whether community association managers were considered “consultants” and thus […]
More Board Member Traits
Do you have what it takes to be a good board member? Chances are you do. If you have a mix of some of the following traits and skills, consider running for a seat on your community’s board of directors. Read more……
Chicago COA’s City Trash Rebate
The City of Chicago has been reimbursing condo owners $75.00 every year since 1985, due to the fact that their city haulers are unable to retrieve trash from condominium buildings. Thus causing condominiums to hire their own waste haulers. Now, this wouldn’t be such a big deal, but the city trash fees are incorporated into […]
Southern California Management Company Owner and Employee Arrested — Embezzlement and Community Associations: Do Not Let It Happen To Your Association
Unfortunately, there is fraud and embezzlement being committed at community associations throughout California as well as across the country every day. We have written about this issue in the past; follow this link to an article we wrote that describes how SwedelsonGottlieb recovered $500,000 for one association after it was discovered that the former manager […]
What is a Reserve Fund Study?
A reserve fund is a separate fund that is maintained by the condominium corporation. The reserve fund is funded by condominium owners, and is used to pay for the major repair and replacement of common elements and assets of the condominium corporation. Read more…….
How to run a condominium meeting
Are you the Director of a Condo Association or Condo Board? Efficiently and effectively running a Board Meeting can be harder than it sounds. To ensure you are making the most of everyone’s time, follow these easy tips. As always, Lerners LLP is here to help you every step of the way: Read more……
Introduction to Condominiums
Condominiums have become increasingly popular in recent years among all age groups, including younger first time buyers and empty nesters. A condominium is actually a legal definition that refers to a method of ownership, not a type of building. Read more….
Different Types of Condominiums
In Ontario, there are a number of types of condominiums that may be developed. Under the Condominium Act, 1998, the types of condominiums provided for fall into two categories: leasehold and freehold. There are then four subcategories of freehold condominiums: standard, phased, common elements, and vacant land. This post will provide a brief overview of […]
(NC) About the New Required Notice of Voluntary Prelitigation Mediation for HOA and Condominium Disputes
All HOAs and condominium associations in North Carolina now have the legal duty to inform all members at least yearly that they have the right to request voluntary mediation of any dispute with the association, except for disputes regarding payment of dues or assessments. Either party can decline to engage in mediation. This requirement took […]
Manicured ponds not always the best for environment
A familiar scenario plays out like clockwork in Brevard County ponds. Just as mama and baby ducks, wading birds and tiny fish start to frequent the sprouting native plants, out comes the herbicide. Read more….
Amendments to Pennsylvania’s Uniform Condominium Act and Uniform Planned Communities Act
Recently, Pennsylvania Governor Tom Corbett signed into law House Bill 1122 (the “Amendment”), which amends the Uniform Condominium Act and the Uniform Planned Community Act (together the “Acts”) by extending the time period for a developer—which the Acts refer to as a declarant—to exercise certain special declarant rights. Read more…….
Annual HOA Meeting Celebrations
The annual homeowner association meeting is required. But rather than approach it in the “Do I have to?” mode, make it a celebration of accomplishments: Bills got paid, volunteers served and survived and projects were completed. There are always things to celebrate. So, while the business meeting may be mundane, dress it up for a […]
“Aging In Place” – How can community associations address aging communities?
When we think of the challenges of overseeing homeowners’ associations, we might think of overgrown lawns, late assessment payments, and aggressive pets. But another challenge has been waiting in the wings: the aging of America’s “baby boomer” generation, many of whom are choosing to live out their golden years in their homes. Read more….
Tips to Keep Assessments from Increasing in the Homeowners Association
Keeping assessments from increasing in a homeowners association is one of the most important things an HOA board and its members can strive to do. The Association must balance keeping up with all its financial obligations and making sure fees stay as low as possible. Generally, these two feel like they work against each other. […]
Refusal to enforce smoking ban (ME)
Plaintiff, an owner of a condominium unit, filed a complaint, individually and derivatively on behalf of the condominium association (Association), against the Association and four members of its board of directors (Board), claiming that Defendants had refused effectively to enforce the condominium’s smoking ban. The business and consumer docket dismissed the counts of the complaint […]
New legislation does harm to HOAs (NV)
I’ve have often thought that there should be a sign above the door as you enter the state Legislative Building in Carson City that reads, “Do no harm.” It was always my thinking that state legislators should be trying to make our lives better. Then I read Barbara Holland’s homeowners association column (“HOA law to […]
Flying through a Fowl Situation
Birds are beautiful, graceful and melodic. They give a sense of being close to nature and add to the feel of our community. But too much of any one thing is never good. Whether it’s a trail of droppings, territorial aggression or destructive nesting and feeding patterns, birds can make life more expensive and a […]
HOA Litigation: Is it avoidable?
We have written previously on the costs—both in time and money—for homeowners and condominium associations to litigate cases. On one hand, boards of directors have a fiduciary duty to uphold the governing documents of associations, but on the other, the board must investigate alternatives to the divisive nature of litigation. Read more…..
(CA) Governor Brown Signs “Clean Up” Legislation for Revised Davis-Stirling Act
California Governor Jerry Brown recently signed SB 745 into law. The bill is a multi-issue omnibus bill, and as to community associations primarily acts to “clean up” some issues related to the reorganizing of the Davis-Stirling Common Interest Development Act, which becomes effective on Jan. 1, 2014. Read more……