The Colorado Supreme Court ruled Monday that the Roaring Fork Club in Basalt is not entitled to new “aesthetic, recreation and piscatorial (fishing)” water rights for a private fly-fishing stream the club created in an existing irrigation ditch. Read the article………
State Adds New Services to Assist Condo Owners (HI)
The state Department of Commerce and Consumer Affairs’ Real Estate Commission will launch two new services to help Hawai?i condominium owners. The Real Estate Commission created a new email subscription list for unit owners and the general public to provide greater access to and wider distribution of educational materials. REC plans to email materials, including […]
Enforcing pet restrictions in condominiums
Many pet owners who have breached the pet restrictions in their condominium documents will go to great lengths to keep their pet when the condominium corporation takes steps to enforce these restrictions. In California one pet owner went to the California Court of Appeal (The Villas in Whispering Palms v. Tempkin) in an effort to […]
Manager Licensing: Taking the Fear Out of Being Licensed (IL)
The Community Association Manager Licensing and Disciplinary Act was adopted on July 1, 2010 after much anticipation. The intent, as stated in the Act, was to ensure that those who hold themselves out as possessing professional qualifications to engage in the business of community association management are, in fact, qualified to render management services of […]
America’s Birthday and Flags
On the cusp of America’s birthday, I get to thinking about our national flag – what it represents, and the emotions it evokes in people throughout the world. We all have our own ideas about these things, and how important it is to demonstrate our allegiance. Some people, while as patriotic as anybody else, prefer […]
Bagel shop (NY) causing 100 degree heat for above condos: suit
Two Upper West Side condo owners say a ground-floor bagel shop is making their apartment “uninhabitable” by causing temperatures to reach a stifling 100 degrees, a new lawsuit charges. Read the article……….
How to Communicate With You9r Residents: Method # 2 – Over Voice and Text
In the last series, we looked at how email is the most popular form of communication with homeowners. However, voice and text are also preferred methods of communication, so in this article, we’ll take a closer look at communicating via cellphone. Read the article……….
Directors’ Qualifications and Disclosure Obligations Proposed Under the “New” Condo Act
Bill 106 was introduced at Queen’s Park on May 27, 2015. If adopted, it will introduce sweeping changes to the governance and management of condominiums in Ontario. Since the introduction of this Bill, we have been blogging on the proposed amendments. In this post, we analyse what changes may be made to the qualifications and […]
Seven Instances When a Michigan Condominium Association Requires Mortgagee Approval to Amend
The Michigan Condominium Act, MCL 559.101, et. seq., contains various provisions related to the manner in which a condominium association may amend its master deed, bylaws and condominium subdivision plan (the “Condominium Documents”). Excluding special rules pertaining to developers, under most circumstances an amendment to the Condominium Documents simply requires 2/3 co-owner approval. Read the […]
Childress Immune From Malpractice Suit, 11th Circ. Affirms
The Eleventh Circuit on Friday upheld the dismissal of a condominium association’s malpractice suit over law firm Childress Duffy Ltd. Inc.’s handling of a hurricane coverage action, finding that the firm’s decision to not use a particular witness at trial is protected by Florida’s judgment immunity doctrine.
Coconuts about Flood Control
The rainy season in Florida can provide many challenges for residential communities. Any resident who has experienced a heavy rain event, including a tropical storm or hurricane, understands that it only takes a partial blockage in a street drain or malfunctioning storm water outfall to jeopardize the safety and well-being of the entire community. Keeping […]
U.S. Supreme Court’s Decision Legalizing Same-Sex Marriage Impacts all Ohio Community Associations
The U.S. Supreme Court ruled Friday that same-sex couples have the right to marry nationwide. The decision of the High Court invalidates gay marriage bans in more than a dozen states, including Ohio. In a 5-4 ruling, the U.S. Supreme Court held that the Fourteenth Amendment requires states to issue marriage licenses for same-sex couples […]
Easy Guide to the U.S. Flag Code
Most of us learned growing up that during the Pledge of Allegiance we’re supposed to stand at attention facing the American flag with our right hands over our hearts. Persons in official uniform render military salutes. Hats should be removed unless part of a uniform or religious attire. Read the article………
4 Tips for Homeowner Participation in your HOA
We often come across HOAs that are struggling to handle disagreements, complaints, or controversial topics that are voiced by homeowners. This is normal. Just like a big family, there are going to be disagreements – many of them, in fact. Read the article………………………………….
Statutes require board members to become certified
Q: I read your blog on “board certification” in condominiums and have suggested to our president that all board members take such a course. I received no reply. I sent a document production request via certified mail and received as proof the “notice of intent to become a candidate” forms with the required state certification […]
Police scuffle could have been avoided (TX op-ed)
McKinney police were in a no-win situation Friday before they ever arrived at a private pool party that became a very public matter. Called over a scuffle at a homeowners association’s private pool, police were expected to accomplish a miracle after association managers failed. Read the article………..
Food for Thought: Unlicensed Practice of Law Opinion
While community association managers in Colorado have been working through the state mandated licensure process, the ‘hot button’ topic of discussion in Florida has been the Florida Supreme Court’s May 14, 2015 Advisory Opinion regarding the unlicensed practice of law by non-lawyer community association managers. Read the article…………..
How to Communicate With Your Residents
Clear communication with HOA residents is the cornerstone of a successful HOA, and there are many communication options available. In this series, we’ll look at three ways of effective communication, starting with email. Read the article………….
Canadian Condominium Institute Welcomes Bill 106
Condominium owners across Ontario are rejoicing and they are not alone! The Canadian Condominium Institute (CCI) is also celebrating Bill 106, the Protecting Condominium Owners Act, which the Ontario government tabled on May 27. Positive changes in Bill 106 include establishing mandatory licensing of condo managers and strengthening financial management rules for condo corporations to […]
Nevada HOA foreclosures cannot extinguish deeds of trust held by Fannie Mae, holds U.S. district court
Yesterday, the U.S. District Court for the District of Nevada issued an important ruling concerning the litigation over whether homeowners’ association foreclosures under Nevada’s super-priority lien statute (NRS 116.3116) can extinguish first deeds of trust when the underlying indebtedness is owned by a Government-Sponsored Enterprise (GSE) like Federal National Mortgage Association (Fannie Mae) or Federal […]
California Water Restrictions and their Impact on HOAs
The severe drought currently impacting California shows no sign of abating in the near future. California Governor Jerry Brown has issued mandatory water cutbacks for the state, instituting limits and guidelines for both commercial and residential property. Residents are asked to reduce potable water usage by 25% through February 28, 2016, while certain high-usage areas […]
Condo Terminations: Breaking Up Gets Harder to Do
On June 16, Gov. Rick Scott signed House Bill 643 into law, making sweeping changes to Section 718.117 of the Florida Condominium Act relating to terminations of condominiums. The changes, which are effective immediately, make optional terminations of a condominium more difficult. The number of optional condominium terminations rose during the recent downturn in the […]
2015 Condo and HOA Laws – Fines
This year was another busy year at the Utah legislature for the HOA world. Many changes and additions were made to the statutes that govern condominiums, community associations and nonprofit corporations. As always, refer to the UtahHOALaws app on your iOS device or Android device, or on the web at utahhoalaws.com for the current HOA […]
2015-16 New York Legislative Update
The 2015-16 New York State Legislative season is here, and on the table are many housing-related bills, many of which directly impact co-op and condo board members, managers and residents. Housing is also on the agenda in the New York City Council, although the main action is in Albany because most housing-related laws are state […]
Changes to Chapter 558: Florida’s Construction and Design Defect Statute
Resolution of construction and design defects in Florida are governed by Chapter 558 of the Florida Statutes. Unless parties have agreed to opt-out of the requirements of Chapter 558, its statutory provisions apply to all commercial and residential construction projects. The Governor recently approved changes to Florida Statute Chapter 558 on June 16, 2015. These […]
3 Types of Rules in Your Homeowners Association to Respectfully Follow
Fact: About 63 million Americans live in a new suburban community or planned unit development, according to the Community Association Institute. Living in a homeowners association has many benefits – such as recreational amenities, maintenance services, and being part of a community – but it can only function well when the rules of the Association […]
HOA Top Security Issues
Successful HOAs provide unparalleled security and safety for homeowners. Unfortunately, there are many security pitfalls that associations can fall into. Check out these four top HOA security issues and how to avoid them.
New Law Allows Electronic Voting by Community Associations (FL)
His article calls for the state’s Division of Condominiums to establish an approval and certification process for the e-voting systems providers. It reads: Read the article………..
Washington Supreme Court misses opportunity to clarify the meaning of “collapse”
Washington State has long been a jurisdiction with no judicial pronouncement as to the meaning of the term “collapse” in a property insurance policy, but that changed last Thursday when the state’s Supreme Court issued its decision in Queen Anne Park Homeowners Ass’n v. State Farm Fire & Cas. Co., 2015 WL 3795796, 2015 Wash. […]
Dog Restrictions and Disabilities
I am regularly asked by clients to assist them with enforcement of dog restrictions (i.e. weight limits) or complete prohibitions in a condominium’s documents. Sometimes an owner will claim that he or she needs the dog because of a disability. Read the article……………
Discrimination Against Children
Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). Read the article…………
Sheltering condo owners from unwanted takeovers (FL)
In the category of Putting Profits Before People, it would be hard to top investor Donald T. Kelly. The Palm Beach Gardens resident has been hell-bent on buying up all the condo units in a building at Century Village in West Palm Beach, even though it means forcing elderly residents out of their homes. […]
New Idaho HOA Decision From Supreme Court
Although Idaho courts rely on principles of contract construction to interpret covenants, conditions, and restrictions, there are a few instances that highlight the unique nature of these equitable servitudes and covenants appurtenant to title. One such instance arises when the owners decide to amend terms of their governing documents to restrict rental of private property. […]
Condominium Terminations Become More Difficult (FL)
Section 718.117 of the Florida Condominium Act received sweeping changes earlier this month. On June 16th Governor Rick Scott signed HB 643, which made optional terminations of a condominium more difficult. Read the article………..
Keeping HOA open meetings productive and on track
I am a big proponent of homeowners’ association (HOA) boards keeping their meetings open to members when possible. This promotes an atmosphere of transparency and gives homeowners an opportunity to see and understand how the HOA functions. It also helps homeowners better appreciate the often difficult situations board members grapple with on a routine basis. […]
Surviving Each Other in an HOA
Communication is a lost art in some HOAs due to lack of basic people skills. Board members often get more criticism than praise and then along comes an abusive owner who makes unreasonable demands. But it works both ways. Sometimes it’s an owner that suffers at the hands of a domineering board. Read the […]
Yes, in My Back (and Front) Yard!
But in communities overseen by homeowners associations—where 20 percent of all U.S. homeowners live—progress can be slower. While some HOAs support and even codify gardening for wildlife, many are still attached to the anachronistic symbol of suburbia: lush lawns that, combined with commercial uses of turfgrass, collectively suck up more water than any other irrigated […]
New Jersey bankruptcy court issues ruling regarding condominium association liens in Chapter 13 proceedings
On June 11, 2015, the United States Bankruptcy Court for the District of New Jersey recognized that a condominium association’s lien is entitled to a limited six-month priority over a first mortgage. Read the article………..
Florida Federal Court Limits First Party Bad Faith Claims
In Fox Haven of Foxfire Condo IV Ass’n Inc. v. Nationwide Mut. Fire Ins. Co., the insured condominium association alleged that the insurer failed to properly investigate and settle a claim for damages caused by Hurricane Wilma. After the storm, the association and the insurer disagreed on the damage amount. Read the article………..
Amendments to the Condo Act: the New Condo Authority and Condo Tribunal (ON)
As announced in our post of May 27, the province of Ontario finally released its much anticipated proposed amendments to the Condominium Act. If made into law, Bill 106 will serve to amend our 15 year old Condominium Act as well as other legislation pertaining to condominiums in Ontario. For instance, Bill 106 would amend […]
Clear your brush or face fines during California fire season
California homeowners who fail to clear their property of dry grass and excess fire fuel face citations and fines, as the state works to control the threat during an already busy fire season. Read the article………….
Cat Ownership and HOAs (CA)
At what point to cat lovers become cat hoarders? This has long been a debate in many communities around the country. Recently, the Los Angeles Times reported that the Los Angeles City Council is considering an increase in the number of cats residents can harbor in a private residence from three to five. Read […]
Are You Carrying Enough Loss Assessment Coverage?
I was recently told a story about a condominium association that is carrying property insurance coverage on their condominium units which includes a $50,000 per unit deductible on water related losses! Evidently, this association has also adopted a policy which passes along the responsibility for the deductible to the owners of the units which were […]
Second Community Association Bill Signed into Law (NC)
The bill concerns details in the early stages of a condominium. The NC Condominium Act previously required that funds for the purchase or reservation of a condominium unit following a public offering statement had to immediately be deposited in a trust or escrow account Read the article…………
Amendments to Condominium Termination Law Impede Ability to Terminate (FL)
Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced in prior terminations while imposing a number of impediments to future terminations. Read the article……….
The latest in the Orr v. MTCC 1056 Saga: Court of Appeal Decision on Costs (ON)
The Court of Appeal has released a further decision on the implementation of its December 2014 decision and the costs. For those unfamiliar with the Orr v. MTCC 1056 case, you can read more in my previous post. Read the article………….
Don’t Disregard the Formalities of Due Process
The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. Read the article………..
The Berkeley Balcony Tragedy: More Inspections Aren’t Enough
In the early morning of June 16, 2015, in Berkeley, California, the lives of 6 young people were snuffed out because the balcony they were standing on collapsed. Building failures happen all the time, but the press and government largely ignore them because nobody died. Read the article……….
Plaintiff Neighbor Suing For CC&R Violations In Replacement Dock Construction Gets $104k In Attorney’s Fees/Costs
Although finding the prevailing party issue to be closed, the prevailing party prevailed enough to garner $104,718.80 in attorney’s fees and additional costs in a neighborhood dispute involved in Hooker v. Rodgers, Case No. D065888 (4th Dist., Div. 1 June 16, 2015) (unpublished). Read the article………….
Review of new laws affecting community associations (FL)
Today’s column is the second and final installment of my annual report on new laws affecting community associations. In the first installment, we looked at some of the changes for condominiums, cooperatives and homeowners’ associations in HB 791, the main bill affecting community associations. The remainder of HB 791 includes the following: Read the […]