In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on. […]
Associations and Mobile Apps
From time to time we hear from an association that they would like a mobile app. Regardless of the reasoning for the request, there needs to be some questions answered by the association before going any further in the process: Read the article………….
“It’s Not Me It’s You” Knowing When to Fire a Client
If you’re a CAM manager, you’ve probably had one of those clients who soak up too much of your time and energy. These type of clients can be stressful and exhausting for managers and will, in the long run, affect your overall customer service and reduce profits. Here are a few of the symptoms of […]
Condominium Shared Facilities Costs
Many condominium corporations share facilities with other condominiums and/or retail or commercial properties. The costs of running and servicing the shared facilities are most often set out in a shared services agreement entered into by the developer before the condominium is created and then registered on title. Read the article………….
Attention All Pitiful and Prolific Poopers!
I read this article in the Denver Post about a pet owner not picking up the poop of his Teacup Chihuahua in his HOA. This association has a rule requiring all owners to pick up after their pets and is utilizing doggie DNA to figure out which dog in the community left behind the droppings. […]
Sudden Valley (WA) rejects dues increases
Property owners in the communitywide homeowners association rejected four dues increases on a Saturday, Nov. 7, ballot, including a 28 percent increase for basic maintenance. Read the article……………
Did 19 Law Professors Get The Business Judgment Rule Wrong?
A rare example, in which the court held the business judgment rule was a valid defense to an attack on a corporate contribution to a political action committee, is Finley v. Superior Court, 96 Cal. Rptr. 2d 128 (Cal. Ct. App. 2000). Read the article……….
How the Grinch Stole Christmas in Condos
Many people love this time of year. The beautiful fall colours, the delicious meals, and the countless holiday gatherings. Many people dread this time of year. The temperatures drop, the days grow shorter, and the holiday shopping madness begins. Given the extreme feelings people can have to this time of year, it should be no […]
A Condo Inspection Checklist for Condo Owners and Property Managers
If you’ve seen The Money Pit, with Tom Hanks and Shelly Long, you’ll know one of the most famous scenes. One house problem after another has the exasperated couple who are excited to finally relax and enjoy a hot bath. But just as they fill the tub, it falls through the floor, crashing into the […]
Florida Court Rejects Claim Replacement Of Undamaged Property Is Necessary For Aesthetic Uniformity
Late last week a federal court in Florida tossed a condominium association’s claims that it was entitled to replace undamaged hallway carpeting, wallpaper, baseboards, and woodwork in order to “achieve aesthetic uniformity” with similar hallway components replaced after water damage. In Great Amer. Ins. Co. v. Towers of Quayside No. 4 Condominium Ass’n., 2015 U.S. […]
Front Porch: War not a word to be used lightly
…..So, perhaps you can understand why reading about the “war on Christmas,” makes me a bit testy. In particular, Hayden resident Jeremy Morris’ assertion that his homeowner’s associations objections to his Christmas extravaganza is “an attack on people of faith.” Read the article………….
Divided state Supreme Court (IL) says condo owners can sue developers over leaky buildings 15 years after moving in
A group of Chicago condominium owners has been cleared to continue their lawsuit against a group of builders 15 years after the developers allegedly sold them a shoddy building under false pretenses, after the Illinois Supreme Court ruled 4-3 on Nov. 4 to revive their case and send it back to circuit court for more […]
Easier FHA Condo Rules Would Improve Seniors’ Reverse Mortgage Access
There has been a lot of chatter in recent weeks on Capitol Hill from lawmakers and housing groups pressing the Federal Housing Administration (FHA) to ease its regulations on condominium financing. But while easier FHA condo rules would improve seniors’ access to FHA-insured Home Equity Conversion Mortgages (HECMs), reverse mortgage industry members are skeptical whether […]
DIY Management in a Homeowner Association
Whether due to rugged individualism or perceived lack of viable alternatives, many homeowner associations are self-managed. One might suspect that most self-directed HOAs are small or lacking in common area amenities. Actually, many are quite large, complex and the kind that would typically have professional management. Read the article…………….
Eviction of Adult Children of the Unit Owner for Rules Violations
The Ohio condominium law allows the Association to evict unruly tenants under ORC 5311.19(B). But would this apply to the adult children of the unit owner and would those adult children who are violating the rules be considered “tenants” under the statute? Read the article………………
Florida Construction Liens and Bonds: Beware of the Notice to Owner/Notice to Contractor Requirement (FL)
Florida construction lien and bond law is filled with many requirements that must be strictly followed and that are strictly construed by Florida courts. Indeed, the Florida Construction Lien Law of Chapter 713 of the Florida Statutes, governing private construction projects, is designed to help ensure payment for work performed and to protect owners from […]
Statute of repose does not bar fraudulent concealment claim
A condo association will be allowed to proceed with a lawsuit against the original developers filed 15 years after completion of the project, and despite a 10-year statute of repose. A divided Illinois Supreme Court has applied a “fraud-based” exception to the statute of repose, to allow the condo association to move forward with those […]
The best board members are reluctant heroes with heart
Bilbo is an everyday hobbit with no intention of being great; yet along the way we find that it’s his simple, calm approach to unimaginable situations and his thoughtful demeanor that make the difference between the success and failure for Middle Earth. The best board members are very much in the same classification as Bilbo […]
Changing Liability for Florida HOA’s
It’s easy to forget, but HOAs are similar to businesses. So when a major change is made in the business world, it often affects HOAs. The recent National Labor Relations Board (NLRB) decision regarding joint employer liability is one change that may affect future HOA decisions with respect to their ability to work with personnel […]
Is Airbnb Winning Over San Francisco?
Watch out — more shots have been fired in the battle between boards and Airbnb. According to BrickUnderground, San Francisco residents recently voted against a measure that would have changed the way Airbnb operates within the city. Read the article…………..
Important Tax Deadlines Your HOA Board Should Put on the Calendar
Your homeowners association has tax reporting and filing requirements it must adhere to. It can be difficult for an HOA board to understand what these are all on its own. It’s important that your HOA board contacts your Association’s accounting professional for details but below is a brief summary of California HOA tax return deadlines. […]
Huckleberries: A ‘War on Christmas’? Not so fast
Unless you’ve been hiding under a rock, you’re aware of the plans by attorney Jeremy Morris to erect a ha-huge Christmas display in his new Hayden ’hood. And of the pushback coming from his homeowners association. The association is threatening to sue if he does, alleging he would be in violation of the association’s covenants. […]
Laws differ for condo, homeowner associations
Q: As an association manager, I have a question that has always bothered me. Why are there so many differences between the condominium statute and the law for homeowners’ associations? You would think it would make sense for the two statutes to closely mirror each other, but there are significant differences. Read the Q&A………….
Condo owner distraught over deteriorating conditions: ‘It’s just nasty and dirty’ (VA)
Rusted railings, chipped paint and exterior mold and mildew have condo owners asking the CBS 6 Problem Solvers to take action. “It’s just nasty and dirty,” Richard Hykes said, who has lived at the Stonewall Manor Condominiums in Henrico for 20 years. Read the article…………
Chubb Insurance Sued Over Sandy Condo Damage In NJ
The aftereffects of Superstorm Sandy continue to blow through New Jersey’s courthouses, with a Fort Lee, New Jersey, condominium association now accusing Chubb Insurance Co. of New Jersey of failing to properly compensate it for heavy damage from the hurricane. Buckingham Towers Condominium Association I Inc. filed suit against Chubb in Bergen County Superior Court […]
Arguments About Property Owners’ Success
If you base your judgment of property owners associations on SCOV opinions alone, it’d seem that they’re more trouble than they’re worth. I, for one, won’t be looking to buy anything in a subdivision anytime soon. Read the article…………..
All About Hoarding: Tips for Arizona HOAs
If your HOA hasn’t already encountered a problem with hoarding in your community, odds are it will happen at some point in the near future. It’s a growing problem with HOAs across the country that can come with some pretty serious ramifications, particularly for condominium communities and multi-family buildings. Read the article…………
Slip and Fall on the Condominium Premises (MI): Does the Condominium Owe a Statutory Duty to its Co-owners?
What happens if a Co-owner slips and falls on the condominium premises? Does the Co-owner have a right to sue the Association or its property manager for failing to maintain the common areas in reasonable repair? Can the Co-owner recover from the Association (i.e. all of the other Co-owners) for damages sustained on the condominium […]
Dealing with Illegal Hotel Rooms and Short-Term Rentals (NY)
When you consider the amount of money that people stand to make by renting out a room in their apartments, you can understand why so many co-op and condo boards have to handle shareholders and unit-owners who want to get in on some Airbnb action. Many of them may ask, “Hey — if my building […]
How to Winterize Your Home and Community
Winter weather can wreak havoc on your home or neighborhood, which is why proper winterization before the weather gets too cold is a must. Check out these different ways residents, HOAs and property management companies winterize homes and neighborhoods. Read the article……….
Be wary of unregulated property insurance companies (FL)
There is a dangerous trend in the property insurance market affecting commercial residential condos. Associations are increasingly becoming insured by unregulated or “surplus lines” companies. By doing so, they risk forfeiting consumer protections against excessive rate hikes, reduced coverage levels and good-faith claims handling. They are also left without the back-up protections provided by the […]
Is Construction Defect Litigation All It’s Cracked Up To Be?
Last year I was contacted by an HOA member in Draper Utah who discovered large mushrooms growing from his wall after rearranging some furniture. The mushrooms resulted from moisture intrusion caused by faulty and defective construction on a home that was only 4 years old. In this case we were able to recover the necessary […]
HB 203 (FL) Threatens to Increase Costs for Community Associations
HB 203 is hitting the Florida House Civil Justice Subcommittee today and threatens to increase costs to community associations. We want to urge you to contact your state legislators to oppose this bill and vote “No” on HB 203. As community association lawyers we protect the rights of community associations, and we’d hate to see […]
4 HOA Security Mishaps
Communities with HOAs like to boast about their security, but too many HOAs make common security mistakes that waste money or are just ineffective. If your HOA security isn’t up to snuff, check out these four common problems and how to avoid them. Read the article………….
New Rules Applicable to Condominium Corporate Records Under the “New Act”
Bill 106 (the Act aimed at amending Ontario’s Condominium Act and other condominium-related legislation) is still before the Standing Committee on Finance and Economic Affairs. This Committee held two public hearings recently, on October 22 and 29, 2015. With the benefit of these additional public consultations, and of any written submissions which were to be […]
So Your Association Changed Attorneys…Now What?
An association has decided to change its legal counsel and transfer all existing matters to its new lawyer. The management company sends the request to the prior law firm only to be told that a retaining lien has been asserted. Until the lien is satisfied, the law firm refuses to transfer the files. Is that […]
Tips for Addressing Open Comments at HOA Board Meetings
It’s required by law that time be set aside at each HOA board meeting for members to address the Board. This time for open comments allows members to have a voice about issues in the Association; however it’s important to understand what can and cannot be done during this time. Read the article………….
In Arbitration, a ‘Privatization of the Justice System’
Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence that the practice had a pattern of denying women partnerships. Read the article…………..
Before You Litigate, Mediate
If you live in a community association, you have probably encountered neighbors failing to act neighborly. It is not uncommon for owners to get into disputes with one another and the association. For homeowners and associations alike, litigation can be a costly and time-consuming means to resolve such disputes. Read the article………….
Introducing the Condominium Management Services Act, 2015 — Part 7: New Obligations
Now that the Standing Committee on Finance and Economic Affairs has concluded its public hearings and shifts to a line-by-line review of Bill 106 (of which Schedule 2 contains the proposed Condominium Management Services Act, 2015), we hasten to finish our review of the proposed CMSA. Read the article……………
6 Ways to Change the Attitude of Apathy in Your Community
Here are six steps your board can take to lead your community through the stagnant fog of apathy: Read the article……….
Run Your Association Like a Business
Running any type of business is no easy feat, and that is especially true for businesses that are operated by volunteer leadership. Nonetheless, community association officers and board members should engage in certain businesslike approaches to help ensure that they are running their association successfully. Read the article…………
9 Ideas for Resident Events That Build Happy Condo Communities
No matter where you live, a bonded community is the backbone of a good neighborhood, and it’s an essential part of running great condo communities. Read the article…………..
How to Order a Community Entrance Sign, or Any Other Signs (NC)
Signage is an important part of the impression created when someone visits your community. It’s the first thing residents see when they enter. It’s also the first thing that prospective home buyers see when they are considering buying a home there. Read the article…………..
The Importance of Committees in a Homeowners Association
Helen Keller said, “Alone we can do so little; together we can do so much.” In order to effectively run a homeowners association, an HOA board, even if it has a manager, can’t do everything. It needs the help of members getting involved and forming committees. While the Board is ultimately responsible for the decisions […]
Developing a Successful HOA
Lifestyles of the twenty-first century have radically changed from fifty years ago. The clamor for big lots and single-family houses has been replaced by a demand for condominiums and planned communities (generically called “homeowner associations” or HOAs). Read the article…………..
New Model for Discrimination Analysis in Homeowners Associations?—Recent Supreme Court Decision May Affect the Way Homeowners Associations Make Decisions
The Fair Housing Act (“FHA”) prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. For years, homeowners association boards of directors have been mindful of the FHA’s requirements and taken care that board decisions do not discriminate against any of these protected classes. Read the article……………
How to Use Association Funds Wisely
Association funds are the lifeblood of any HOA. They are used to help maintain and run the community. Managing the finances of an HOA can seem complicated, but if the association understands the different types of funds and what they should be used for, allocating the funds goes much smoother. Read the article……………..
California Appellate Court Affirms Association’s Right to Impose Restrictions on Hardwood Flooring
One of the consistent issues plaguing condominium associations is that of unapproved hardwood floors. Often installed in an attempt not only to improve or beautify the unit, but also help alleviate dust allergies. However, when installed over a lower floor unit, they can lead to conflict about increased noise. In the case of Ryland Mews […]