It is not unusual for us to encounter communities with strict restrictive covenants that have not been enforced in a strict manner. Much of the time, this is due to apathy or ignorance. In other circumstances, Board turnover results in more enforcement. Read the article………….
Got an gripe with a homeowner association? State (DE) office created to handle disputes
A new state office is seeking to become a resource for troubleshooting conflicts between Delaware’s hundreds of homeowners associations and residents before the disputes reach the courts. Read the article…………..
Does Your Homeowners Association Budget Include the Right Components?
Many homeowners associations operate on the fiscal year (July through June). If your Association is one of them then hopefully you have your new and improved budget ready to go because July is just around the corner. Read the article………….
Where there’s smoke, there’s ire: Approaching the hot- button issue of medical marijuana in the housing context
It’s well known that Massachusetts legalized the medical use of marijuana several years ago, but what exactly the move means for landlords and condominium associations remains largely an open question. Read the article…………
Email Exchanges Between Directors Can Be Defamatory
Directors should be careful about what they email to one another or what they email to owners. There are plenty of instances where communications between directors (or communications to owners) have lead to defamation lawsuits. Read the article………
Condominium Associations and Solar Panels: How to Hanlde a Co-owner Request to Install a Solar Panel
Michigan is working to make alternative energy, such as solar, financially feasible for all its residents. Michigan’s Property Assessed Clean Energy (PACE) financing law, Mich. Comp. Laws § 460.931 (2010), and the Lean and Green Michigan Program allow counties, cities, and townships to form a PACE district wherein resident property owners may use the PACE […]
New Laws for Virginia Community Associations Effective July 1, 2015
The Virginia General Assembly and the Governor have agreed on several changes to the Condominium Act and the Property Owners Association Act (POAA). As a member of the CAI Virginia Legislative Action Committee I want to let you know about these changes of which you should be aware: Read the article………..
That Pesky Entranceway Sign and Who Takes Care of It?
If you live in a homeowner association, you will most likely enter the community by driving past an impressive sign structure, landscaped and lit up, with a retaining wall or other masonry feature – or some combination of all of these. You dutifully pay your homeowner dues expecting that this feature will be properly maintained […]
Considerations About Artificial Turf in Your Homeowners Association (CA)
It’s the responsibility of the HOA board to protect, maintain and enhance the Association. This comes in all shapes and sizes – from compliance with the Davis-Stirling Act to the type of grass members can have in their yard. In the current drought that California is experiencing, the latter may come into play more often […]
Master HOA Rental Restriction does NOT apply to Subassociation Condominium
In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision preventing the rental of a “Single-Family Home” within the first year of purchase. Read the […]
(FL) Governor signs HB 643 making condo terminations more difficult
On June 16, 2015, Governor Rick Scott signed HB 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. Read the article………….
How to Quickly & Painlessly Break Up With Your HOA Manager
Breaking up is hard to do. After evaluating an HOA manager, a Board may decide it would like to change managers, change to a different management company, or it just doesn’t need the services of a manager at all any longer. Before parting ways the Board should ask: are we willing to sacrifice service and […]
The Condo as a Legal Entity: A Primer on Condo Law
Despite a long history and presence in cities and towns around the globe, condominiums are, too often, misunderstood by prospective buyers—which can translate to a source of conflict after buyers become owners. Regardless of its location around the world, a condominium is generally defined as a form of housing and other real estate that is […]
Avoiding Litigation: The Power of Alternative Dispute Resolution
With dozens—sometimes hundreds—of people living in a community governed by neighbors, acquaintances and friends, it should be no surprise that disputes occasionally arise in condo buildings. Read the article………….
Liquid Assets: Maintaining a Safe Community Pool
Some lucky condos offer the benefits of an indoor or outdoor swimming pool for their residents; it’s a splashy amenity that many people request when looking for a home…but there are many drawbacks, issues, and liabilities that come with managing a pool. Read the article……….
What We Can Learn From Dispute Between Brentwood HOA & Homeowner
The story that broke on Channel 4’s WSMV about a Brentwood elderly homeowner, whose Homeowners Association (HOA) threatened to sue over a wheelchair ramp installed without permission, brings to light something that most of us don’t think about, until we have a problem. Read the article………..
How a condo board divided can remain united
Ideally, board meetings proceed with respect and decorum, where directors discuss issues and provide direction in a civilized manner. In some condominium communities, the boardroom is treated more like a battlefield. Read the article……..
5 Common Condo Board Responsibilities & How to Be a Superhero at Your Next Meeting
You might not get a comic book named after you, but if you tackle these condo board responsibilities, your neighbors will definitely consider you a superhero. Read the article…………
Property Managers Common Website Mistakes
Websites are a critical meeting point between property managers and residents. Here, we look at the costly mistakes property managers make when trying to maintain their websites themselves. Read the article…………….
A Queens (NY) Co-op Tries to Regroup After Board Politics Get Personal
Last week, we presented the continuing saga at Sherwood Village, a Queens co-op where a board found itself evenly split among eight directors. We left off with one half of the board, led by Jonas Winograd, suddenly finding itself in the advantage: one of the board directors who’d resigned took back her resignation, siding with […]
Legal Tales from the Sunshine State: Eight Stories from Florida Residential Buildings
Work in any business long enough, and chances are nothing will surprise you anymore. This is especially true of co-op and condo lawyers. Along with property managers, attorneys are keepers of some of the best stories to come out of South Florida’s co-ops, condos and HOA communities Read the article………..
Florida Legislative and Legal Update
When you’re up to your earlobes in alligators, it’s hard to recall that your initial objective was to drain the swamp. —Old Florida Proverb A long-standing annual rite in the Florida Legislature is passage of an omnibus shared-ownership housing bill for condominiums (Chapter 718 in the Florida Statutes), co-operatives (Chapter 719), and homeowners associations (Chapter […]
Nevada Senate Passes Bill Affecting Super-Priority Liens in Foreclosure
The Nevada Legislature recently passed a bill intended, in part, to address issues resulting from the Nevada Supreme Court’s decision that a homeowners association lien is a true super-priority lien that, if foreclosed, extinguishes a first deed of trust. We wrote about the SFR Investments Pool I, LLC v. U.S. Bank, 130 Nev. Adv. Op. […]
HOA Paint Maintenance
Paint maintenance is no different than roof, landscape, pool or asphalt maintenance. A good plan requires periodic inspections, timely and proper surface preparation and repair in addition to quality paint applied at recommended intervals by a knowledgeable professional. Here are some areas that should fit in a good paint maintenance plan: Read the article……….
When Pet Rules Get Messy — Service Animals in Your HOA
In my last post I talked about the benefits of setting clear pet restrictions in your community. But you may be wondering how those restrictions could affect service animals – and your compliance with the Fair Housing Act. Legally, a service animal is just what it sounds like: an animal that provides a necessary service […]
Pools and Pool Safety
Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier? Read the article………
Groundbreaking for bus project on Post Oak Boulevard brings opposition from business owners
Andy Taylor, lawyer for the Cosmopolitan Condominium Owners Association says, “this government is heck bent on destroying it, with a bus plan that make no sense. It will have no ridership, and all it’ll do is ruin Houston’s Rodeo Drive.” The homeowner’s association, filed a lawsuit against METRO, saying the proposed project is illegal. […]
How to Effectively Evaluate an HOA Manager
People and organizations are often afraid of evaluation because they’re afraid of failure. If we don’t fail we can’t learn, and if we aren’t given the opportunity to learn, we can’t grow. It’s in the best interest of the homeowners association for the HOA board to take the time to intentionally evaluate the HOA manager, […]
Florida Courts Leave Associations Out in the Cold
Once again, the Florida appellate courts have left community associations out in the cold. Homeowners’ associations cannot rely on their remedies under Florida statutes in bank foreclosure cases if the statutes are in conflict with the governing documents, so said the Fourth District Court of Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens […]
Who Pays to Restore My Broken Outdoor Water or Sewer Service Lines??
Many homeowners who are part of an association have a common misconception that they are not responsible for maintenance outside of their home. As a matter of fact, they very well may be. Read the article……….
Condo Owners and Renters Can Have Their Meat and Cook It, Too (IL)
Just in time for the Fourth of July, the Oak Lawn Village Board is poised to vote on a local ordinance that will clear the decks for landlords and condominium associations to permit grilling on exterior balconies of condominium, apartment and townhome buildings. Read the article……..
5 of the Most Common Misperceptions of Community Associations
1. Eviction of Tenants: Contrary to popular belief (at least among condominium and homeowners association directors), there is no inherent authority of community associations to evict a tenant for violations of the governing documents, including the failure to be approved in advance of occupying the unit or lot. Read the article…………
Consider These Green Choices for Your Next Repair or Upgrade project
Earth Day may have come and gone, but the green agenda is very much alive and well in New York. Reducing the state’s energy consumption, for example, is an important part of Governor Andrew Cuomo’s comprehensive energy strategy. Mayor Bill de Blasio, meanwhile, has laid out his goals and targets for a sustainable and equitable […]
Rule violation may prove costly for St. John (IN) neighborhood (HOA)
A St. John homeowners association that failed to follow its own rules in seeking to punish a property-use violation may be forced to pay thousands of dollars in damages and attorney fees. The Indiana Court of Appeals last week ruled 3-0 that the Hunter’s Run Homeowners Association slandered the property title of Michael and Doreen […]
Because It’s The Rules
There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite the fact that there are CC&R’s. The concept behind […]
Should Your Condo Corporation Pay HST If It’s Not Specifically Included in a Quote?
Have you ever faced a situation where a contractor requested taxes over the quoted price? How much should your condominium corporation budget for if all that the contractor quoted was a flat amount without details as to whether it includes HST or not? Read the article……….
No Parking: New Towing Rules in Ohio and Your Association
Recently the Ohio General Assembly passed into law a set of new regulations that seek to clamp down on the practice of abusive towing. The majority of the new regulations affect towing companies and their operations. However, there are sections of the new law that could apply to associations that maintain private tow-away zones. […]
Recovering Condominium and Homeowners Association Fees Due Prior to Sheriff’s Sale
Under Pennsylvania statute, when real estate subject to homeowner’s association assessments or condominium association assessments is sold at sheriff’s sale, the homeowner’s association or condominium association is entitled to recover delinquent assessments/charges accruing in the six (6) months prior to the sheriff’s sale. All other assessments/charges accruing prior to the sheriff’s sale are ordinarily divested […]
When A Motion To Strike Can Be Proper
After a defendant succeeded on a Motion for a More Definite Statement, a plaintiff added more detail to the claims that had been dismissed. The defendant responded to the beefed up allegations with a Motion to Strike. Read the article………..
Animals and Your HOA — The Straight Poop
Your HOA probably has some pet restrictions in place. But what can you really expect? Your HOA has rules for a reason. They protect you. They protect the organization. They make your HOA a more beautiful, pleasant place to live — at least that’s the idea. Read the article………
Does Your Homeowners Association Have a Clear Policy for Renters?
Do any owners in your homeowners association rent out their homes? What are the Association’s obligations to those renters? What are their rights in the Association? Can you control how many units in the HOA can be rented? Read the article………
Rights & Responsibilities for Better Communities: Principles for Homeowners
More than a destination at the end of the day, a community is a place people want to call home and where they feel at home. This goal is best achieved when homeowners, non-ownerresidents and association leaders recognize and accept their rights and responsibilities. This entails striking a reasonable balance between the preferences of individual […]
Create or Modify Drainage Systems Carefully During Periods of Flooding, Heavy Rain
Some home landscape drainage systems have been put to the test by recent heavy rains and flooding throughout parts of Texas and Oklahoma. Many properties that traditionally haven’t had problems diverting water away from structures and off the grounds suddenly have had issues with erosion, standing water and even flooding. Read the article………..
Tips from an HOA Board: 6 Ways Members Can Be Crime Stoppers
Everyone wants a safe place to call home, and your homeowners association should strive to make all residents feel secure. While the HOA board is diligent in your efforts to reduce possible dangers in your community, you cannot do it alone. It is up to everyone to pitch in to keep crime rates down. Thankfully, […]
You Just Received Your Property Tax Assessment Notice from the County…Now What?
This year property owners in Chicago and the Collar Counties are receiving notices from the County Assessor indicating their property’s new assessment. Property owners should consider appealing this new assessment to lower their future property taxes. If you live in an association, file your tax appeal as a group with the other members. This article […]
Learning the ropes of an HOA
There is a great expression in our modern vernacular – “let no good deed go unpunished.” As I have written many times, I truly love my neighborhood. One of the biggest changes I have to acclimate to every time I travel elsewhere, or return to our native state, is that no one waves. I wave […]
How the rise of gated spaces like swimming pools can quietly perpetuate racial tension
For decades, swimming pools in America have been sites of racial exclusion. Many of the fights to desegregate communities and public resources in the 1950s were waged over access to swimming pools. And the way they’re used to this day still reflects a sweeping trend — more subtle in its exclusion but no less pervasive […]
Handyman sentenced in killing of Bloomfield condo owner
Spencer had once been employed as a handyman in the condominium complex and Whitelaw, who was the condo association’s president, knew him and hired him to do work inside his own residence. Family and a longtime girlfriend said Whitelaw was unhappy with work Spencer had done and had called him back Sept. 4 to repair […]
Romulus (NY) Wins Assessment Lawsuit
The Town of Romulus has defeated a lawsuit by a local corporation that sought to reduce from nearly $300,000 total to zero the taxable value of several private properties that the corporation owns. In a decision dated Thursday (May 21), Acting Supreme Court Justice Dennis Bender ruled that Lakeshore Landing Homeowners Association Inc. (“Lakeshore Landing”) […]