As an HOA board member, it can be difficult to determine which accounting method is appropriate for your community. If you choose the wrong type, you could be looking at added stress and problems down the road. And since switching accounting types mid-year is not a good solution—you would be left with a headache of […]
Student Condominiums
In a recent blog post we reviewed a case involving a dispute between resident owners and investor owners who were leasing their units on a short-term basis, primarily to university students. This type of conflict frequently arises in condominium buildings that are located close to university and college campuses. Read the article……….
Court’s Decision Compels Condominiums to Evaluate Validity of Leasing Restrictions (WA)
Condominiums created on or before July 1, 1990 are governed by the Washington Horizontal Property Regimes Act. The Washington Condominium Act (WCA) governs condominiums created after July 1, 1990. Read the article……………
Receivers Appointed Over Condo Associations and HOAs May Levy Special Assessments (FL)
Both the Florida Condominium Act (Chapter 718, Florida Statutes) and the HOA Act (Chapter 720, Florida Statutes) allow for a court-appointed receiver to oversee an association’s affairs in certain situations. When appointed, a receiver will have authority to act as the association’s board pursuant to the court’s order appointing that receiver. A receiver’s authority can […]
Hot Springs (AR) Condo Fray Entering Ninth Year
Hampton blames Tankersley and his SJT Properties LLC of Hot Springs for causing a condominium development project on the shore of Lake Hamilton to end in foreclosure. As a result, Hampton said in court filings, she lost hundreds of thousands of dollars of her investment and her own $500,000 condo because it was pledged as […]
The Strata Management Tribunal (Malaysia)
THE freedom of “no payment of service charges” will end with the establishment of the Strata Management Tribunal (SM Tribunal). Any parcel owner or tenant who fails to pay service charges can be produced before the SM Tribunal with the implementation of the Strata Management Act 2013 Read the article…………
How safe is your fireplace?
A chimney fire announces its presence in a very dramatic way. The sound is described like the rumbling of a passing locomotive or the roar of a jet engine. It’s a sound that is familiar to Augusta County resident Dan Ruff whose home experienced a chimney fire in January. Read the article…………….
Top 3 Communication Challenges an HOA Board Faces Without a Manager
On a scale of 1 to 5, with 5 being the best, how well do HOA board members in your homeowners association communicate with members? Take a moment to think about that, or even discuss it with your fellow board members. Read the article…………
Planning in Community Associations
We probably all set goals for our community associations, but are they only in response to a short-term agenda for that year? Will they lead to the overall success of the association in years to come? Every board needs to look at the “big picture” when it comes to the health of its community associations, […]
Is Legionnaires’ Disease Lurking in Your Vertical Community?
If you have cooling towers at your community you might want make sure they are disease free. The Legionnaires’ disease is a type of pneumonia caused by “legionella” bacteria, named for a 1976 outbreak following an American Legion convention in Philadelphia. Read the article……………
Controlling the Look and Feel In Your HOA
Homeowner associations maintain control over the common elements and exterior appearance of the structures for a variety of reasons. Most HOAs are built with a design theme, exterior materials s and color palette that, if compromised, reduces the value of the homes. Well designed and enforced architectural design policies help maintain uniformity, which in turn […]
SB 800: Down but Not Out! (CA)
Until recently SB 800 was down for the count. Many in the building industry thought the law was going to be killed by the Liberty Mutual decision two years ago. It was there that the California Court of Appeal (in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove, LLC) determined that California’s Right to Repair […]
Are your Homes and Communities Prepared for Winter Rains?
If we have an El Nino or not it is imperative to take proactive measures to get the longest life out of your building components and common areas. Here are the major preventive maintenance measures to take this fall: Read the article………….
Do Your Rules Violate Fair Housing?
It’s not uncommon for homeowner associations to adopt rules that violate federal and state fair housing laws, or the Fair Housing Act (the “FHA”). Violations of the FHA can bring severe penalties, as demonstrated in a recent case where an individual was awarded damages in excess of a hundred of thousand dollars against an HOA. […]
Do You Have a Problem With Trees?
Trees can add beauty to any yard and create valuable shade as well as improve property value. However, when trees become too big, they can lead to aesthetic and more serious problems. If you have big trees in your community, check out these three facts that can help you understand more about them. Read the […]
HOA boards should be reasonable with fines
Q. I just learned my association has been assessing fines against me for what it claims to be a violation of my neighborhood’s rules. Although I received a letter informing me of the alleged violation several months ago, I have heard nothing else since and I had no idea that I was being fined. How […]
Enforcing Single Family Restrictions in Condominium Documents
In condominiums close to university and college campuses there is frequently dissension between resident owners and investor/landlord owners as to who is entitled to occupy the units. While investor/landlord owners want to maximize their rental income, resident owners have concerns about unrelated transient tenants negatively affecting the sense of community in the condominium. Read […]
Do You Need Expert Testimony Regarding Interpretation of the Florida Building Code?
Is trial looming close and are you thinking to yourself who is going to make the best expert for interpretation of the Florida Building Code on that construction defect case? Guess what? You don’t need an expert. In fact, it would be improper for the court to allow this type of testimony other than in […]
The Impact of Short-term Rentals on Condominium & HOA’s: To AirBnB or Not AirBnB?
Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units […]
Condominium Board Candidate “Forty Day Deadline” Can’t Be Waived or Extended
Q: I live in a condominium association and recently submitted my intent to be a candidate for the board for the upcoming election. Following receipt of my notice the association advised because I missed the “forty day deadline,” my name would not be included on the ballot. Read the Q&A…………..
Lake of the Woods Association named ‘Community Association of the Year’ during ceremony
Lake of the Woods Association was selected as “Community Association of the Year” in its membership category at the Central Virginia Chapter of Community Association Institute. The award was presented at a luncheon ceremony in Richmond Read the article………..
Builder’s Pact Doesn’t Nix Insurer Liability, Ore. Justices Say
An Oregon condominium association’s agreement to not execute part of a judgment against a builder in construction defect litigation doesn’t automatically erase the builder’s liability or that of its insurer, the Oregon Supreme Court ruled Thursday, upending a 42-year-old precedent. http://communityassociations.net/wp-content/uploads/2015/11/2015-s061273-0.pdf
The Three R’s of HOAs: Rules and Regulations
When most people hear the term “the three R’s,” they probably think of the phrase “reduce, reuse, recycle” that they learned in grade school. But did you know that there are three R’s that apply to homeowner associations, too? Rules, regulations, and resolutions are a core part of every HOA and they help define the […]
Condominium Association – Requirements to Conduct Electronic Vote
On October 26, 2015, the Division of Florida Condominiums, Timeshares, and Mobile Homes approved a proposed rule to amend and supplement the Florida Administrative Code provisions regarding condominium associations’ voting and elections. The proposed rule provides condominium associations with the option to allow the unit owners to vote using an online system, as an alternative […]
Selecting the Right Vendor-Partner for Your Community
Vendor relationships are about partnership, built on trust that deepens over time. Choose the right vendor-partner and you’ll receive quality work at a reasonable price; make the wrong choice and you might end up with a very expensive legal headache. Your residential or commercial property management company can help you navigate the detailed and time-consuming […]
Where Do We Stand on Rental Restrictions? (OH)
The law of rental restrictions is a mixed bag at present. Most attorneys who practice association law believe that to restrict leasing, the declaration of the condominium must be amended, but they cannot agree on the number of votes needed to pass such an amendment, whether 75% or 100%. Read the article………….
Florida Residential Swimming Pool Safety Act
In Florida, drowning is the leading cause of death of young children and is also a significant cause of death for medically frail elderly persons. Adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and when lapses in supervision occur a pool safety feature designed to deny, delay, […]
Eye on the Elderly
Associations are being forced to learn how to handle aging residents who can no longer care for themselves and may be a danger to others. At what point should a community step in to help? Read the article……….
Louie v. Strata Plan VR-1323 (BC)
The insured’s claims against the strata corporation and the strata insurer were dismissed after a fire caused by a tenant’s clandestine drug laboratory only caused damage to the insured’s strata unit. The quantum of damage was less than the strata corporation’s $50,000 deductible, which was not an unreasonable deductible value. Read the article…………
Can an HOA Change Its Mind about Fines?
A rather unusual community association decision was issued yesterday by the North Carolina Court of Appeals. Without question, the facts are rather convoluted and not of that much interest to other associations, but there’s one takeaway worth noting. Read the article…………..
The cases for and against professional directors
Through the course of Ontario’s Condominium Act review, volunteer board directors took a lot of heat for their perceived part in the problems proliferating in this unique housing type. Whether the assessment was fair or not, the resulting recommendations to the provincial government, which is now considering amendments to proposed legislative changes, included mandatory basic […]
I Sued My Neighbor and Lost My Dock re: Riparian Rights (MI)
Occasionally I get a call from someone that begins with “I need to sue my neighbor.” What the caller really needs is advice to understand the options available, the risks, and how best to solve the problem which prompted the call. If you start with the idea that a fight is your best alternative, you […]
Watertown (CT) Police arrest suspected embezzler
Police have arrested a woman they say embezzled approximately $50,000 over three years from a condominium association. Read the article……….
Communities That Lack Reserve Fund Studies Face Uncertain Futures
In my last article I shared my disbelief that there isn’t a law requiring property owners associations to conduct reserve fund studies. Managing an association without a reserve fund study is akin to flying a plane without instruments, piloting a boat without a rudder, or driving a car with no brakes. Read the article…………
No Class Certification in Case Alleging Condominium Association and Management Company Charged Excessive Fees (NC)
The North Carolina Court of Appeals recently decided a case involving several homeowners’ claims that their condominium association, through its management company, was charging excessively high fees and late charges that were not permitted by the condominium’s governing documents. We want to point out that these were simply allegations – the only part of this […]
Parking in Condominiums – Purchasers with Electric Cars and Purchasers with No Cars
In the past the number of parking spaces in most new residential condominiums was at least equal to the number of residential units. Residential units with parking spaces were believed to be more marketable than units without parking. With the proliferation of condominium projects in the urban core of many cities, the need for and […]
When Board Meetings Go Awry…
It would be great if all Boards were functional and all communities well-run, but unfortunately that is not the case; and it is a fact of life in community management that you will at some point in your career attend a meeting that goes right off the rails, or, a “Board Meeting from Hell.” If […]
Are Short Term Rentals for You?
Short term rentals are becoming big business, and California and the Bay Area are no exception. Companies such as Airbnb and VRBO have grown to become massive entities and have drawn a great deal of attention. So much so that San Francisco recently had a proposal on the ballot to limit the number of days […]
Latest Salvo in the Ongoing Nevada HOA Dispute
The Nevada Supreme Court recently sent shockwaves through the mortgage lending industry when it issued its opinion in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., holding that the foreclosure of an HOA lien could extinguish a prior-recorded first deed of trust. As addressed in our prior blog posts, those shockwaves continue to reverberate […]
Top Financial Fails of Community Associations
Community associations are like businesses; they need money to function and thrive. However, like many businesses, they can make mistakes, leading to financial fails. Check out these three top financial fails and learn how your association can avoid them. Read the article…………
Community Flood Control Depends on Unencumbered Access
Many residents in central and southeastern Palm Beach County live adjacent to canals. In order to enhance their landscapes or properties, residents often plant vegetation or place other encroachments, such as swing-sets, fences and patio furniture, on the canal rights-of-way. Read the article……….
Coming Soon – Ham Radios in Your Community
Unless Congress decides to not oppose S. 1685, all communities (including condominiums, planned communities and co-ops) could be restricted from disallowing HAM radio towers. S. 1685 is proposed legislation that is scheduled for mark-up in the Senate Commerce Committee on Wednesday Read the article………..
Flying an American Flag in Your Condominium Project: What Every Co-owner Needs to Know (MI)
Each year on Veterans Day, we honor our men and women in the United States Armed Forces. As a small token of appreciation, many Co-owners routinely fly the American flag in honor of loved ones who have served or currently serve in the United States Armed Forces. However, many questions arise regarding the rights and […]
No hope yet for change in POA/HOA laws (SC)
For anyone who missed the S.C. legislative HOA law revision committee meeting broadcast online Oct. 27: All I could see on the committee were the people who still control the POA/HOA system in SC: the management companies, developers, and HOA lawyers. Read the article……….
‘Tis the season
Here we go, it’s the holidays! And you can bet there will be headline news about excessive, over-the-top holiday decor on HOA homes. Because news media do what they do. Read the article………….
Common Legal Terms in Governing Documents
Community association CC&Rs and Bylaws contain numerous legal terms. Some of those terms have common meanings, others have very specific and legal meaning. Here is a list of common legal terms, along with plain English definitions Read the article…………