…..a new Texas law, which starts Sept. 1, allows homeowners to add solar, even in communities still under construction. The Texas Association of Home Builders has said it supports the new law. Read the article………
Adverse Impact on “Quiet Enjoyment” in Your HOA, What Does That Mean?
Legalese is challenging sometimes. Words and phrases like fiduciary duty, waiver and hold harmless, and impact on quiet enjoyment are bandied about like everyone should know that they mean. Most HOA or condo documents have a prohibition of some kind on activities that disturb the “quiet enjoyment” of an owner. Read the article………..
Collection strategies for community associations often needed in today’s real estate market
Despite the rebound of the real estate market and the slowdown in the filing of new foreclosure cases, community associations across Florida continue to face problems with collections. Delinquent payments and the resulting foreclosures are likely to remain an issue for the foreseeable future. Read the article………..
Collecting attorney’s fees not same as collecting fine
Q: I read one of your recent blogs on the levy of fines by associations. Do the same “due process” requirements apply to collecting attorney’s fees from a unit owner? Read the Q&A………….
17 Tips Every HOA Board Member Can Use
Being an HOA board member is no easy task. There are meetings to attend, decisions to make, and duties to fulfill. With the extra demand on your time and resources that comes with being a member of the board, you and your fellow board members can probably take all the help you can get. Read […]
3 Strategies for Collecting Delinquent Association Debt
Despite the rebound of real estate and the slowdown in new foreclosure filings, community associations continue to face collections problems. Delinquent payments and foreclosures will remain issues. According to RealtyTrac’s April 2015 report, there was a surge in foreclosed homes across South Florida. Read the article…………
Going vertical: don’t forget about those pesky HOA fees!
For many Arizona homeowners, fees related to a homeowners’ association (HOA) are inevitable. Most homeowners dutifully hand over fees to their HOA when required, accepting that the fees necessarily come with owning a home in a planned community or condominium. In turn, the HOA maintains and improves roadways, common areas, and other features of the […]
First NC Community Association Bill Signed into Law
House Bill 513 “Real Property/Technical Corrections” (with a long title of “An Act to Make Technical Corrections and Other Conforming Changes to the General Statutes Concerning Real Property”) was ratified by the North Carolina General Assembly on May 28, 2015, and signed by Governor McCrory earlier today (June 4, 2015). As a result, HB 513 […]
The Community’s Hub: Clubhouses and Community Rooms for HOAs
Co-ops, condos and HOAs draw prospective residents with a wide variety of appealing features, from proximity to an office or family member to amazing views, to the concept of having someone else mow the lawn, fix the roof, and maintain the property. For certain residents, however, the biggest appeal of co-op and co-op living is […]
Be aware of HOA legal issues
Many residents of our valley live in homeowners associations and I am sometimes asked what legal issues those considering a run for the HOA board should be aware of. I generally encourage them to first become familiar with the HOA’s CC&Rs, the HOA’s bylaws, and NRS 116. Read the article……….
Recalling a Member of Your HOA Board of Directors
Question: I have owned my home and have served on the Board of Directors of my Community Association for several years. Most of the Board members with whom I serve are hard-working and genuinely concerned about the welfare of our Association. However, in my opinion, one of our Board members appears to be using his […]
What to Do When AirBNB Moves into Your Condominium Complex?
Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis, through AirBNB or other similar short-term rental organizations. These kinds of rentals increase traffic and the burden on the rest of the condominium community, while reducing the safety and security of all. This post aims at providing corporations […]
Consider these facts before advertising on your Community Association’s Website
Your community association website should have one ultimate goal: enhancing communication. This includes communication between the board, residents, owners, and community leaders. Websites can be used to post notices, conduct surveys, publish board meeting information, upload classifieds, and release inspection requests. Neighborhood links, FAQs, forums, events listings – there is no limit to what you […]
Community Association Code of Ethics to take it from Good to Great
Community Association Institute put together Principles for Community Association Success. We’ve highlighted some key information from that resource guide in this article which is part 3 of a 3 part series. Part 1 covered Rights and Responsibilities of Homeowners which can be found here, and Part 2 covered the Rights and Responsibilities of Community Association […]
Subrogating Condominium Damage
Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting and paying the claim, but subrogating against those responsible for the loss. Read the article……….. state-by-state chart on […]
What’s the best way to update architectural rules?
Q: I’m the president of a single-family residential subdivision with about 100 homes. The homeowners assumed control over the homeowners’ association (the HOA) from the developer about a year ago, and our HOA’s board of directors is currently revising and updating the community guidelines and rules. A new builder has purchased several lots, and that […]
Judge refuses to drop lawsuit against Aventura condo tower developer (FL)
A judge has refused to throw out a lawsuit filed by Aventura residents against a developer who wants to build two condo towers near their exclusive communities instead of sticking to the single-family homes he had planned. Read the article……….
Assessment Collections in the Wake of the Huntington Case (CA)
Collecting assessments has never been an easy job. There are pitfalls lurking around every corner and innumerable requirements waiting to be missed. To ensure a clean foreclosure process, extreme diligence and care must be taken. In the wake of the Huntington Continental Townhouse Association, Inc. v. Miner case, this job just got tougher. […]
Model HOA Remodeling
Owning your own home is an American dream. In urban settings, homeowner associations have become a dominant form of new construction, often representing over two thirds of new home construction. While HOA homeowners carry many rights and privileges, the owners often concede certain freedoms usually enjoyed in more traditional home ownership. One particular area of […]
San Francisco (CA) leaders to vote on luxury condo moratorium
San Francisco supervisors are expected to vote on a plan that would suspend the development of luxury condos in a neighborhood that’s come to symbolize urban displacement. The 45-day moratorium would affect two dozen projects in the city’s Mission District, which has witnessed skyrocketing prices amid a technology jobs boom. Read the article……….
Appeals Court ruling favors Cedars of Chapel Hill condo fees (NC)
A state Court of Appeals panel ruled Tuesday that a local retirement community can continue collecting membership and monthly overhead fees while fighting a multimillion-dollar lawsuit. At issue are membership fees that Cedars of Chapel Hill residents pay when they buy a condominium – equal to 10 percent of the gross purchase price. Residents also […]
High Time for Condo Communities: How Will You Handle Medical Marijuana Requests?
One of our clients received a request recently to waive the association’s smoking ban to allow a resident to smoke medically-prescribed marijuana. This is the first such marijuana-related accommodation request our office has seen (though it certainly won’t be the last) since Massachusetts approved a law permitting the use of this otherwise illegal drug for […]
Effective HOA Communication… No Really
Ever wondered why nobody reads your HOA or condo newsletter? You’re not alone. Not to worry! If you can go with the flow, you can have informed homeowners and an easier job to boot. Your budget — and the trees — will thank you. Read the article………..
Supreme Court remands skateboarding case (MT)
Casey Kent, 35, died on June 14, 2008, while skateboarding on a steep bike path in the Cedar Pointe Estates subdivision. His wife Sara Kent sued the city of Columbia Falls three years later, claiming the city was negligent in its role overseeing the design and development of the subdivision. Read the article…………
Foiled plans: AG (NY) limits condo disclosures — but open government advocates say action is “contrary to law”
No matter what New York’s next multibillion dollar condominium project is, the details are likely to stay under wraps for longer than they do now. That’s because the New York State Attorney General’s Office stopped making condo offering plans available to the public before they have been approved. Read the article……….
Voting by Proxy at Homeowner Association Meetings
If you cannot attend the annual meeting for a homeowners association but you still want your vote to count, then voting by proxy might be for you! The planned community act allows a member of most homeowner’s associations to appoint a proxy to vote (or take any other action) for that member at a meeting […]
Residents to Leave Water Street Condos for Repairs
Residents of a high-end, 72-unit building on the Georgetown waterfront will be moving out temporarily for repairs to a structure just over ten years old. With a lawsuit settled between owners of units in the condominium building at 3303 Water St. NW and its builder and seller EastBanc and its CEO Anthony Lanier, construction work […]
Updated Community Association Manager Licensure Application is Complete (CO)
The Colorado Division of Real Estate has hit the ball out of the park! Within an hour after informing them that Section 5 of the Community Association Manager License Application needed to be updated to include a category for managers who are directly employed by a common interest community, the application is finished […]
Tips for Making Sure Your Community’s Gate System and Camera System are Working Properly
Tips for Gate Systems: 1. Check your batteries – Most current and older gate systems run on 12 VDC batteries which allow the gates to operate and also provide a battery backup system, which will open the gates within 10-15 seconds in the event of a power failure. These batteries should be checked every 3-6 […]
APCHA Hosting a Seminar on HOA Meetings in Aspen!
For several years now, the Aspen Pitkin County Housing Authority (“APCHA”) has been a leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County. It’s my pleasure to teach another seminar for APCHA on June 11th entitled: CCIOA 101 for HOA Boards, Homeowners and Managers: Everything You Need […]
Disaster Recovery & Rebuilding
Powerful weather events such as hurricanes are dangerous reminders of the importance of proper planning, emergency preparedness, and the need to work with experienced professionals to properly recover losses and rebuild homes, businesses and communities. Read the article………
Nevada Passes HOA Super Priority Lien Fix
On May 28, 2015, Nevada Governor Brian Sandoval signed into law Senate Bill 306, which will fundamentally alter the HOA foreclosure sale landscape in Nevada. Following the Nevada Supreme Court’s decision in September 2014 in SFR Investments Pool 1, LLC v. U.S. Bank (holding that NRS 116.3116 was a true priority lien and an HOA […]
Florida condominium and homeowners associations legislation
As a result of the Florida’s House of Representatives walking out of the 2015 legislative session several days early due to a disagreement with the Senate over Medicare and the State’s overall budget, the much anticipated “Estoppel Bill” (House Bill 611 and the companion Senate Bill 736) which showed all signs of becoming law, did […]