More and more states are approving legal recreational use of marijuana. However, that doesn’t mean every neighborhood wants it around. If it’s already legal in your state, or if it becomes legal in your state, there are some steps you should take to prepare your residents for it. Read the article………..
Comments from the Courts on Costs
There have been a two interesting decisions on costs released this month. Ballingall v. Carleton Condominium Corporation No. 111 is the case I posted about previously where a group of owners commenced an application against the condominium and one of the directors because of their failure to enforce the single family residence requirement in the […]
Most homes sold in Mesquite are in HOAs
More than 70 percent of single family homes sold in Mesquite are in subdivisions managed by a homeowners association (HMO) governed by an elected board. Read the article……….
10 Ways to Be a Better HOA Board Member
Your job as an HOA board member isn’t always smooth sailing. While being on your HOA board is important to you, it’s likely not your only job. The extra time and attention it requires for meetings, decisions, and other duties can sometimes feel like a burden. Instead of throwing your hands up, we’ve compiled a […]
Win for One Association Actually a Loss for Florida Associations
In the aftermath of the recession and foreclosure crisis, many Florida condominium associations have responded to their collections and budget shortfalls by aggressively pursuing the maximum payoff from new owners. That was the strategy employed by an Orlando condominium association in the recent appellate case of Central Park A Metrowest Condominium Association v. Amtrust REO […]
Quiz: Could You Be One of the Top Property Managers in Toronto? Answer These Questions and Find Out
Property management is a growing industry in Canada. From 2011 to 2012 alone, the last years for which data is available, the industry grew by $282 million nationwide, to nearly $5.6 billion. This growth is set to continue, particularly in Toronto, where more than 130 building projects are still under way. As new communities emerge, […]
The Top Tools, Technologies, and Processes Property Managers in Toronto Should Be Using
Effective property management requires many skills. From the ability to mediate disputes to the keen attention to detail needed to keep records and files straight, certain qualities are a must when it comes to being a good property manager. Read the article……….
Reviewing and Updating Associations’ Governing Documents and Bylaws
For condominium associations and HOAs, effective governing documents are essential for their successful management and financial wellbeing. Association boards should regularly review their governing documents and bylaws to ensure their continued functionality and eliminate provisions that may have become archaic. Read the article………..
Ninth Circuit Finds Defects in the Construction of a “Known-Loss” Exclusion
A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work. Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage for property damage, if an insured “knew that the … damage had occurred, in whole or in part.” In 2007, […]
What is a Disclosure Statement and Who Can Charge it?
An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo). Read the article………….
Tips for staying on top of condo work orders!
Do you like to wake up early and get started on your emails from home? Or are you more likely to hit snooze and answer emails over dinner? Use your body’s natural time clock to build a schedule that works for you. Tackle tasks when your energy is at the highest regardless of if that […]
Strata owners and residents in strata-titled townhouses or units to be affected by NSW Strata Law Reform
There is an increasing number of people living in strata titled properties in NSW, and the strata law reform will definitely impact you if you are a strata owner or living or working in a strata or community scheme. This bill has been in the making for over five years and there are significant changes […]
When and How to Amend Your Michigan Condominium Documents (Part 2: How to Amend)
Part One of this two-part series addressed when an association should amend its Michigan condominium documents. Part Two addresses the legal and practical considerations of how to amend your Michigan condominium documents. Read the article…………..
Introducing the Condominium Management Services Act, 2015 — Part 4: Threshold
Before continuing our exploration of the CMSA, we thank our friends at the Ministry for pointing out that we had misnamed the CMSA in our earlier pieces as Condominium Management Standards Act when the correct name is Condominium Management Services Act. We have corrected the title and text of the earlier pieces accordingly. Read […]
Community & Homeowner Association Q&A: Hurricane Preparation Part II
Question: Many of our owners are away for the summer, but have furniture and plants on their balconies. Can the Association clear the balconies and patios as a part of the Community Associations’ hurricane preparation if there is a storm coming? Read the article……….
Community & Homeowners Association Q&A: Hurricane Preparedness
Question: What should the community do to prepare for a hurricane? We already know about the pool furniture and protecting the lobby windows. Read the article………
Community Associations & Serial Bankruptcy Filers
Recently, the Tampa Bay Times featured an article regarding homeowners who have abused bankruptcy laws in order to strategically delay foreclosure actions. This is an issue that has affected banks who have initiated foreclosures and it has also severely impacted Community Associations who are either intertwined in the bank’s foreclosure case or have filed their […]
Does Your Community Association Have Your Current Contact Information?
If you live or own property that is located within a homeowners, condominium or other form of community Association, you will want to be sure to provide the Association or responsible management company with your current contact information so that they are able to reach you with important information and notices. While it may seem […]
Neighborhood Services holding seminar to discuss changes to homeowners association
The next Neighborhood Seminar Supper, hosted by the city of College Station’s Neighborhood Services division, will provide updates on changes to homeowners association-related laws recently passed by the Texas Legislature. Read the article………..
Submission On Community Schemes Law Reform and Position Paper
This is a submission from Bannermans Lawyers addressing a number of issues raised in the discussion paper, based on our experience acting for community associations, lot owners, managing agents and contractors in relation to community scheme transactions and disputes. Read the article……..
What can and can’t I do in my homeowners association?
Homeowners associations are generally referred to as community associations or common interest communities – terms that include residential subdivisions and condominium developments. The common thread across terms is a residential development that includes deed restrictions on individual lots or units that limit the use of property and often create shared rights to communal facilities and […]
Inactivity does not invalidate homeowner’s association
Q:One of our members told the homeowners’ association board that there is a new “rule” that recently went into effect that would invalidate our status as a homeowners’ association. He says that this is because the bylaws have never been revised and we continue to operate under the developer’s original bylaws. Is what he is […]
Condo Directors Must Be Willing to Compromise and Find Solutions
You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released this morning, the Superior Court of Justice reminds condo directors that they must be willing to compromise and work with all owners who […]
Insurance: A Must-Have or Couldn’t Hurt?
From equipment failure and personal injuries to tornadoes and tropical storms, disasters happen, and any condominium association worth its salt knows that it needs to be prepared for a rainy day. Actually, even the most disreputable association worth zero salt is aware of this. And a great chunk of said preparation consists of insurance. Read […]
Understanding Your Coverage
Sometimes insurance and the terms that accompany it can feel like a completely foreign language. It can be mystifying and overwhelming, whether for individual condo residents or the board members who oversee the community as a whole. Read the article……….
Alternative to What?
Alternative Dispute Resolution or “ADR” is traditionally thought of as an “alternative” to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, […]
Refining Maintenance in Your Homeowner Association
In the life of any homeowner association, there is a series of maintenance issues that come up. Some are major renovation projects or insurance claim related. Others are more routine events like gutter cleaning, janitorial service, landscape service or lot sweeping. Then there those aggravating little things that come up from day to day. To […]
7 Facts About Your HOA CC&Rs
Covenants, Conditions and Restrictions (CC&Rs) are rules and limitations that govern on a group of homes (aka a community). Typically they are established by the developer, neighborhood association and / or homeowner association (aka HOA) to protect, preserve and/or enhance property values within the community. They might, for example, prohibit owners from parking their cars […]
Court orders clean-up of bug infested condo unit
Dealing with an owner whose unit is filthy, smelly and bug-infested is a challenging situation for any condominium corporation. In a recent case, YCC No. 41 v. Schneider, the corporation found itself in court for a second time after the owners failed to comply with a previous court order that required the owners: Read the […]
Swimming Pool Etiquette for Courteous Condo Tenants
Just like any community location, manners go a long way in helping everyone get along. Swimming pool etiquette is every bit as important as laundry room etiquette or keeping the noise down at night. And it goes far beyond not peeing in the pool. Read the article………
HOA must make homeowners a part of its rule-making process
If a homeowners association votes to amend a restriction, does that change go into effect immediately after notification to property owners via the minutes and any future owners via the disclosure package or not until the paperwork has been completed and recorded, which can take considerable time? Thank you. Read the Q&A…………….
How Will the “New Condo Act” Affect the Calling and Holding of AGMs?
As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Read the article…………
Australia: Strata reform – exposure draft released (NSW)
Two exposure draft bills, the Strata Schemes Development Bill 2015 and Strata Schemes Management Bill 2015, aimed to reform strata living in New South Wales have been released for consultation. They will be supported by Regulations which have not yet been made public. Read the article…………….
Simple Safety Tips to Avoid House Fires in Your Homeowners Association
An HOA board is responsible for many things in a homeowners association. One of the most important is the safety of residents. In addition to just encouraging residents to watch out for each other, a Board can be proactive about educating homeowners too. Read the article………..
Court OKs Injunction Mandating Speedy Repairs to Condo Foundation (FL)
Firm partner Michael E. Chapnick wrote an article that appeared in today’s edition of the Daily Business Review, South Florida’s only business daily and official court newspaper, about the recent decision by the Second District Court of Appeal in the case of John and Annmarie Amelio v. Marilyn Pines Unit II Condominium Association. His article […]
When and How to Amend Your Michigan Condominium Documents (Part One: When to Amend)
Michigan condominium associations are governed by various documents: the Articles of Incorporation, the Master Deed, the Condominium Bylaws, the Association (Corporate) Bylaws and any Rules and Regulations meant to implement the Bylaws. In order to avoid confusion, many condominium attorneys in Michigan combine the Condominium Bylaws and the Association Bylaws into one document, however many […]
Cleaning Up After a Summer Storm
Just like any storm, a summer storm can cause severe damage to homes and surrounding areas. The downed trees, debris and damaged buildings can leave the neighborhood in disarray. Summer floods can even cause severe water damage. That’s why getting out there and cleaning up after a summer storm is so important. Read the […]
California Regulations Mandate Stricter Maintenance Requirements for Community Association Pools
Community pools provide welcome relief from summer heat. They also impose certain obligations on operators of those pools, including community associations. Recent regulations adopted by the California Department of Health define “public pools” to include pools maintained by community associations. The most dramatic changes are set forth in Title 22 of the California Code of […]
Covenant Enforcement: ceiling may not be part of unit
As buildings age and resales create pressure to “modernize,” condominium and homeowners associations see more and more renovations by owners. Most owners and some associations assume what appears to be “inside” is the property of the owner to change as the owner desires without association approval. Read the article………..
Get legal help limiting rentals amid condo units
Q. We live in a small patio home development (37 units) that has a homeowners’ association (HOA). Other than a statement that the homeowner is responsible for all requirements in our restrictive covenants, there is no statement in the restrictive covenants themselves that specifies the number of units that can be rented. Read the […]
A Community Association’s Four Stages of Life
Community associations, like people, evolve during their lifetimes. Some of it is good and some is bad, but change is inevitable as projects, and people, age. Whether that evolution leads to a long and healthy life, or an early demise depends a great deal on the decisions made early and the ability to recognize signs […]
Traits of a Successful Condo Owners Association Member
You’ve been elected, and now you’re wondering how to be the best condo owners association (COA) member possible. You want to be sure that you’re doing everything necessary to live up to your new responsibilities. You take your job seriously, and you want to be someone who improves life around you, not just sits by […]
Court Costs Bite Owners Claiming Disability to Keep Dog
In late June I wrote about a case where an owner claimed that she needed to keep an overweight dog in her unit because of a disability. The condominium refused her request because, in the board’s opinion, she failed to provide sufficient evidence to substantiate her disability and the need for the dog. The condominium […]
Condo Associations Face Off With Short Term Rentals
The buzz surrounding “short-term rentals” has been ever increasing over the past year thanks, in part, to websites such as Airbnb, Homeaway.com or VRBO.com. Websites such as these provide a platform for condo owners to rent their units on a short-term basis (sometimes as short as one or two nights). The ease with which they […]
Getting good news about your HOA
It’s challenging, getting the media to run good news about an HOA, but it can be done…carefully. You need to identify something good going on — something newsworthy — because capturing the imagination of editors and reporters can be extremely challenging. There’s a lot of news and publicity competing for coverage. Recently, we’ve seen some […]
An Example of When to Contact Association Legal Counsel
The other day, I was contacted by an acquaintance who asked for my help changing his condominium’s no-pet policy. He explained that he was a board member, and that their condominium’s “bylaws” banned all pets. My first question was whether he wanted my assistance personally or as counsel for his condominium association, to which I […]
CCIOA v Collection Policy
By now, we all know that prior to an association turning a delinquent account over for collections, certain procedures under CCIOA must be followed. One of those procedures is sending of a notice of delinquency to a delinquent owner that includes the following information: Read the article…………….
Does Your Homeowners Association Allow Political Yard Signs?
Americans are starting to gear up for the 2016 Presidential Election by showing their support volunteering at campaign locations, watching the latest debates, and posting political signs showing the support for their favorite candidates. This raises the issue of whether or not a homeowners association can restrict residents from posting political signs. Learn more in […]
Introducing the Condominium Management Standards Act, 2015 — Part 3: Scope
Having set the historical context in part 1 and part 2 of this series, we turn to Bill 106 and the scope of the proposed new CMSA. Read the article………….