Cooperative buildings often become embroiled in litigation involving leaks in apartments caused by defects in roofs, exterior façades, or other common areas that are the responsibility of the co-op corporation to maintain. The warranty of habitability is duty that is continuous, cannot be delegated, and cannot be waived. Read the article………..
The Lion in Winter (and Summer, and Fall, and Spring): Summer Resort Associations in Michigan
As this article is written, the first significant ice storm of winter 2015-2016 has just blown through Michigan leaving icy roads, downed powerlines, and numerous traffic accidents. Of course, this is the perfect time to turn to summer and dream about the potential purchase of a picturesque home sitting on one of Michigan’s beautiful lakes. […]
Cambodia: The convoluted, unclear nature of strata titles
Cambodian laws towards land titles for foreign ownership have been largely untested amidst the current construction boom. After months of collaboration with the lawyers of Sok Siphana & Associates and National 6A Investment, the Ministry of Land Management, Urban Planning and Construction (MLMUPC) has now started to transfer strata titles to purchasers of residential units […]
How Can You Accommodate the Disabled During Capital Work? (NY)
A collection of issues – a disability discrimination claim with facts that were sharply in dispute, an elevator project that shut down one of the building’s two elevators for an extended period, a proprietary lease provision that was less than clear, and an insurance company’s reservation of rights with demands for the insured’s substantial participation […]
Looking Back at Condominium Law in 2015
As we are quickly approaching a new year, we’ve taken a look back at the condominium legal landscape in Ontario over the past year. As usual, it has been an interesting year. Here’s our list of the some of the most newsworthy items in 2015: Read the article……….
A Condo Year in Review – Our Top 10 Most Popular Posts of 2015
As most of Ontario is hit with its first snow storm of the winter, I sit down to take stock of 2015. And what a year it has been for us and for the Condo Adviser! Since our launch on March 24, 2015, we have published more than 70 posts! Best of all, the response […]
Broken Gate Part of Security Concerns in $2.66M Verdict (FL)
Leroy McDonald was killed by burglars in what was supposed to be a safe, gated community. The 33-year-old father of five was shot while checking up on his cousin’s home in the Briar Oak community in Orange Park, a Jacksonville suburb. The community advertised itself as secure — but those in charge let a broken […]
(Disaster Preparedness for) Individuals with Disabilities and Others with Access and Functional Needs
How might a disaster affect me? What are my personal needs during a disaster? By evaluating your own individual needs and making an emergency plan that ?ts those needs, you and your loved ones can be better prepared. Here are three easy steps to start your emergency communication plan: Read the articles……….
Hurricane Preparedness
Hurricanes are strong storms that can be life-threatening as well as cause serious property-threatening hazards such as flooding, storm surge, high winds and tornadoes. Preparation is the best protection against the dangers of a hurricane. Know the difference between the threat levels and plan accordingly. Read the information…………
Disaster Preparedness (for Pets)
Emergencies come in many forms, and they may require anything from a brief absence from your home to permanent evacuation. Each type of disaster requires different measures to keep your pets safe, so the best thing you can do for yourself and your pets is to be prepared. Here are simple steps you can follow […]
The Ultimate SoCal Disaster Safety Guide
In Time’s top 12 most dangerous counties in America, five were counties in Southern California: San Diego, Riverside, San Bernardino, Orange and Los Angeles. So it’s clearly no secret that the SoCal region sees its fair share of numerous kinds of natural disasters, the most dangerous of which are flooding, wildfires, earthquakes and landslides. Read […]
The State of Cooperative and Condominium Law in 2015 (NY)
The greatest changes in cooperative and condominium law this past year did not come from the Legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting co-ops and condominiums.
Is the Trump Name Behind the Blizzard of Lawsuits in Brooklyn?
The Department of Justice announced on Dec. 23 that it has filed a lawsuit against Trump Village Section 4 co-op in Brooklyn, as well as its embattled former board president Igor Oberman, for violating the Fair Housing Act. The co-op, according to the suit, failed to accommodate four residents who require emotional support animals. Read […]
Condominium Association Recovery of Attorneys’ Fees in Florida
When deciding whether to pursue legal action, a condominium association board of directors may ask “can we recover the attorneys’ fees?” The good news for associations is that Florida Statutes and the governing documents of the community provide entitlement to the recovery of attorneys’ fees in many legal actions. The bad news is that this […]
Condo Corporation Unfairly Disregards Unit Owner- “Pay and Display” Parking
A dispute about whether commercial parking units in a condominium could be operated on a “pay and display” hourly basis, led a unit owner in Ottawa to commence an application under section 135 of the Condominium Act (the “Act”) for a declaration that the condominium corporation had unfairly disregarded the unit owner’s interests. Read the […]
2015 round-up of court and tribunal decisions (Canada)
Those who have followed our blog for a while have come to expect our “Top 10 cases of the year” to be posted in late December. This is a natural time to reflect on the year gone by, spot trends, make predictions and look forward to the next year’s challenges. Read the article…………
Top Condo Lessons of 2015
As 2016 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here is my list of the most important condo lessons for 2015: Read the article…………..
FHFA Attacks Condominium Limited Priority Lien
The condominium “superlien” is under attack. That doesn’t overstate at all the concerted efforts now under way to revoke a measure that has been working well in many states for more than two decades. Nor does it exaggerate the potential threat to the financial health and viability of condo associations all over the country. Read […]
Building Safety for Everyone: Emergency Preparation Includes Residents with Special Needs
New England is home to more than three million seniors age 60 and older, and about one in four suffers some type of physical impairment. When you factor in a climate prone to blizzards and heavy snow storms, a disaster plan is an obvious necessity for all HOAs, condos, and multifamily dwellings across the region. […]
Condo Inspections: Check Yourself
Condominium associations, whether housed in a single building or in a sprawling development, provide a reliably cozy and comfortable community in which to live. But this comfort requires vigilance on the part of both board and management to ensure that the various and sundry components up to code, which can feel daunting for those on […]
Denying Access: Consequences for Arrears and Non-Payment
The synopsis for the 2013 horror film The Purge is pretty extreme: in the future, society implements a 12-hour period called “the purge,” wherein any and all crime is legalized. Always wanted to vandalize your boss’s car? Thinking about shoplifting a Snickers bar? Now is the time to act on those—and other, far more nasty—antisocial […]
Security Technology: Keeping Buildings and Residents Safe
The most important aspect of managing a building is keeping it, its residents, and their property safe. In days past, ‘safety technology’ consisted mostly of well-lit exits, the installation of panic bars and glow-in-the-dark stripping on exit doors. Read the article………..
Maintaining a Healthy Building: How’s the Air in There?
It was January 1977 when the Centers for Disease Control (CDC) first identified and isolated a previously unknown strain of bacteria found breeding in the cooling tower of a hotel air conditioning system. The bacteria, subsequently named Legionella, caused an outbreak of what is known as Legionnaires Disease, and the world first became aware of […]
Ask SAM: Do homeowners have the right to see how association dues are spent?
Q: I belong to a Home Owners Association where we are charged $150 monthly dues. I used to get detailed financial reports and monthly meeting minutes by email. In the last few months, with a new HOA board, it has been difficult to get the financial reports. Shouldn’t we, as the homeowners, have a right […]
Tenants of shuttered QC building want their stuff back
THE TENANTS of a condominium in Quezon City which was forcibly taken over by a realty company have gone to court to retrieve their belongings, as the building remained guarded and inaccessible. Armed men of Millgos Security Agency under the employ of Laverne Realty and Development Corp. seized Kaimo Building at 101 Quezon Ave. in […]
Ask Amy: Homeowners association rules don’t seem to faze these neighbors
Dear Amy: We live in a town-house development. The house adjoining ours is owned by a retired man (who lives nearby) and is occupied by his son and the son’s family. They are not the worst neighbors possible, but they seem to be very heedless of how their actions affect others. Read the Q&A………….
(CA) Court of Appeals Clarifies Timeliness Requirement for Intervention
The timeliness of a motion to intervene in civil litigation depends on when the movants learned their interests were being inadequately represented, regardless of when they learned there was litigation, the Fourth District Court of Appeal has ruled. Read the article………..
Condominium owners sue city and county over building defects (CO)
Citing long-standing problems stemming from rotted infrastructure, mold and other water-related damage, Centennial condominium owners are suing the Pitkin County commissioners, the city of Aspen and the governments’ affordable housing program. Read the article…………
‘Substantial’ bond recommended for condo lawyer accused of murder
Donnie Rudd, accused of killing his wife, Noreen, 42 years ago, is scheduled to appear for a bond hearing on Thursday afternoon, according to Cook County State’s Attorney spokesperson Tandra Simonton. The 75-year-old Rudd is charged with murder. The minimum sentence, if found guilty, is 14 years in prison. If he is able to post […]
Reminder from the HOA Board: Check the Rules Before Hosting Parties
During the holiday season many homeowners association members plan festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that the HOA board reminds residents who are hosting celebrations to not only be considerate of their neighbors, but also take note of the Association’s rules. Read the […]
6 Ways To Keep Your Condo Safe and Sound While You Are Spreading Holiday Cheer
Peace on earth and peace of mind go hand in hand while you prepare for holiday cheer. As you get ready to visit family and friends this holiday season be sure to prepare your home even before you prepare your tree. Turning off the stove and drawing the curtains might seem like the way to […]
Drought increases risk of destructive mudflows during El Niño storms
An intense October rainstorm that pounded the Grapevine’s barren hillsides offered a sober preview of what El Niño might unleash in the rest of drought-stricken Southern California. Read the article………..
Dog in Breach of Rules Ends up Costing a Lot to Its Owner
I wrote about “Peaches”, an “overweight” dog who was permanently evicted from the condominium corporation because the occupants failed to prove that Ms. Labranche had a disability requiring her to have this specific dog. The fact of the matter is that the dog exceeded the 25-pound weight restriction imposed by the condominium’s rules. Since then, […]
Foreign Ownership of Condominiums in Canada
Canada Mortgage and Housing Corp. (“CMHC”) recently released data concerning foreign ownership of condominium units in Canada. The survey conducted by CMHC indicates that foreign ownership in Canada increased in 2015 over 2014 in Toronto Centre (from 4.3% to 5.8%), Vancouver City (from 3.4% to 5.4%) and Winnipeg (from 0.1% to 2.7%). Read the article…………
Why the Seating Arrangement at HOA Meetings Is So Important
Meetings are a necessary component of homeowner association operations. The seating arrangement at HOA meetings is critical to a productive outcome. Foreign diplomats are particularly careful in choosing the shape of the table and who sits next to who since the slightest faux pas can have disastrous results. In King Arthur’s day, meetings were held […]
Reader Q: What does Royal Assent mean for us?
As you probably know by now, the Protecting Condominium Owners Act, 2015 (Bill 106) received Royal Assent on December 3rd, 2015. I have had a couple of people ask me what this means for the industry. Read the article…………
Are HOA Members Entitled to Review HOA Documents?
As a member of any Florida HOA—from the smallest complex to grand-scale planned developments—you are guaranteed both legal rights and access to information with regard to your individual property, as well as the expectation of consistency in treatment and enforcement of regulations by the homeowner’s association with regard to your property and its function within […]
What Makes a Great HOA Board Member?
Sitting on the board of your homeowners association is a rewarding way to get involved in your community, get to know your neighbors, and personally ensure that your property values are preserved and protected–for the immediate future and in the long run. Many residents want to serve on their HOA board but aren’t sure where […]
Using Volunteers for Snow Removal Is Never a Good Idea
With budgets being finalized and the winter season approaching, association boards are again faced with the significant and sometimes unanticipated expenses associated with snow removal. In an effort to reduce these expenses, an unwise board may consider using volunteers to perform snow removal tasks around the property, such as shoveling or snow plowing sidewalks and […]
Woodcreek subdivision elects first board of directors in 40 years (TX)
The Woodcreek subdivision is not new to Pearland; it has existed for about 40 years. Located on the east side near Dixie Farm Rd. and FM 518, generations of residents have lived there, paying modest homeowners’ dues, which were not enforced via collection or foreclosure. Read the article……………
Reasonable Doubt: Can I Deck My Condo’s Halls
‘Tis the season to decorate for the holidays. If you live in a single family detached home, you may be install lights and inflatables, with synchronized music. If you live in a condominium unit, however, you may be more restricted in your ability to decorate your home. Read the article…………
Christmas flap gets Palm Beach Post coverage, but it’s wreathed in questions
“All politics is local,” goes a saying often attributed to “Tip O’Neill Jr. Much the same could be said of the so-called War on Christmas – as in West Palm Beach, where a condo association threatened a resident for hanging a wreath on her door. Read the article………….
Bill 106 becomes law, but changes not yet in force
On December 3, 2015, the Protecting Condominium Owners Act, 2015 (known as Bill 106) received Royal Assent after being passed by the Ontario legislature. This momentous occasion comes 3 years, 5 months and 25 days after the Ontario Government announced its plan to review the Condominium Act, 1998. Read the article……….
New laws on managing and living in strata (Australia-NSW)
The NSW parliament’s approval of major strata reforms will, among other things, impact how strata schemes are managed. Owners and tenants will be affected by these reforms, which include new rules around voting, proxy farming and representation at meetings, as well as new model by-laws on pet keeping and smoking, and extended powers for tribunals […]
Condo law co-author arrested for 1973 murder (IL)
He helped craft laws on which hundreds of condominium associations in Illinois are based but he is also a suspect in two murders. On Monday afternoon, Dr. Donnie Rudd, age 75, will be in a courtroom in Rolling Meadows, northwest of the Loop, for his first hearing since being extradited from Texas. Read the article………
Arizona Court of Appeals decision clarified when and how a party must request attorneys’ fees on appeal
McKeddie Cooley was recently published in an Arizona Court of Appeals special action decision that clarified when and how a party must request attorneys’ fees on appeal. The case, Halt v. Hon J. Richard Gama, clarified the requirements of Arizona Rules of Civil Appellate Procedure 21. In reaching its decision, the Court of Appeals vacated […]
No smoking: Local condo tower fought to clear the air
Though we have practiced law together our entire legal careers, my husband and I have rarely had the opportunity to work together on a legal issue that we have both felt so passionately about. Having lived at the Hampshire, a 14-story condominium at 1101 North Elm St. in Greensboro, for 16 years, we became personally […]
Association Records Requests
It is common for issues between community associations and owners to escalate into disputes when there is a request by the owner to review association records. On the one hand, a board may not understand the obligation and elect to deny a records request outright. On the other hand, an owner may have unreasonable expectations […]
3 Basic Association Accounting Concepts HOA Board Members Should Know
Making and sticking to a budget is not a hard concept for someone to understand. You bring in X amount of dollars each month and you have X amount of bills to pay. The amount of your income is spread out to cover your monthly expenses. Theoretically your income determines the expenses you can afford, […]
Condo Unit Owners Sue Developer
In a recent case, 2384125 Ontario Inc. v. The Diamond at Don Mills Developments Inc., twenty-five commercial condominium unit owners collectively sued the condominium developer for a total of $7,000,000, claiming that they were induced by misrepresentations by the developer and were overcharged occupancy fees and purchase price adjustments on closing. Read the article…………