On Monday, December 14, 2015, the Federal Aviation Administration (“FAA”) announced new rules impacting users of any small unmanned aircraft (“UAS”) (i.e., drones or unmanned aerial vehicles) ranging in weight between 0.55 pounds and 55 pounds. Read the article…………..
Florida Court Rules in Favor of Mortgagee in HOA Lien Priority Dispute
On December 2, a Florida court of appeals issued a decision reinforcing and clarifying the state’s lien priority law. U.S. Bank Nat’l Ass’n v. Grant, No. 4D14-979 (Fla. Dist. Ct. App., Dec. 2). At issue in the case was whether a homeowner’s association (HOA) lien on real property took priority over a mortgagee’s lien on […]
Condominium Developers Beware! New Illinois Supreme Court Decision Confirms Chicago Municipal Code Creates a Broad Private Cause of Action for Misrepresentation
On Nov. 4, 2015, the Illinois Supreme Court issued its ruling in Henderson Square Condominium Association v. LAB Townhomes, LLC. Henderson Square Condominium Association v. LAB Townhomes, LLC, 2015 IL 118139. The decision holds that condominium unit owners have a broad private cause of action for misrepresentation against condominium sellers and their principles under Section […]
Group that includes rich and famous files suit over condo plans (NV)
A group of Queensridge homeowners with some well-known names has filed a lawsuit over plans to build thousands of condominiums and apartments where the neighboring Badlands Golf Club now sits. Read the article………….
Tax time for HOAs? (NC)
As the year draws to a close, many of us are engaging in year-end tax planning for ourselves and our businesses. Since homeowners associations are almost always non-profits, HOA board members and managers may think that tax planning for HOAs is not necessary. While most HOAs won’t owe taxes, there are still tax-related issues to […]
For Pet Lovers: 6 Condo Pet Policies You Should Know
Living in a condominium has become one of the top choices most people have. Who wouldn’t, when you got to live a satisfying lifestyle? Right? Renting or owning a condo unit can be one’s fulfillment of their dreams. After all, you can definitely enjoy the ammenities that are available for your use. However, for pet […]
New HUD Mortagage Letter Impact
On November 13, 2015, HUD released a new Mortgagee Letter (ML) in response to pressure from industry professionals and trade groups. The new ML has revised the current FHA Recertification process, redefined owner-occupants, and clarified insurance requirements. For the purpose of this article I will go through the changes and how they will impact Condominium […]
Increase Your HOA’s Curb Appeal With These 6 Tips
Staying up-to-date on home improvements is one of the best ways to visually attract new people to the homes in your homeowners association. However, it’s important to make sure you focus on interior and exterior improvements. Even if the community is beautifully maintained and decorated inside each unit, a rough exterior will have the best […]
Counsel’s Corner: Ruling Puts Lenders on the Hook for Unpaid Assessments (IL)
The Illinois Supreme Court created potentially hazardous territory for lenders who take title to condominium property via foreclosure lawsuits. In 1010 Lake Shore Drive Ass’n v. Deutsche Bank Nat’l Trust Co., the Supreme Court held that liens for unpaid condominium assessments are not extinguished unless the lender pays post-sale assessments and in doing so it […]
I Heard the News Today, Oh Boy
What happens when a disgruntled (or perhaps a “principled”) apartment owner creates a website for the purpose of discussing events and conditions in a building and allegedly posts defamatory statements? Read the article…………..
5 Ways to Better Manage Your Visitor Parking
Of all the amenities your condo offers Visitor Parking might be the most used feature. You want your residents to be able to host their guests easily but you also want to have some control, otherwise Unit 3B’s brother’s Hyundai could become a permanent accessory to your buildings Visitor Parking. Read the article………
Things to Consider When Hiring a Lawyer for Your Community Association
Hiring the right lawyer to represent your Community Association is an important decision. Does the law firm and lawyer you are interviewing specialize in Community Association Law? How long have they been actively representing community associations? How long have they been in business? Are they intimately familiar with the routine and unique issues facing Community […]
Budget Season Tips
With budget season here, it’s time for community associations to review and adjust the budget for the coming year. This task can seem overwhelming to many HOAs, but these tips can help make it as straightforward and painless as possible. Read the article………….
How To Conduct An Organizational Board Meeting
Typically, the first order of business at an organizational meeting of the board of directors is the electing of officers. In the absence of a president, it may be acceptable to have a professional manager chair the meeting until the officers are elected. After a president is elected, that person is usually responsible for taking […]
The insurance provisions in the Condominium Act, 1998 (“the Act”) override any conflicting provisions in an insurance policy or the Insurance Act
All condominium corporations in Ontario are required to obtain and maintain insurance for damage to the units and common elements caused by major perils or the other perils that the condominium corporation’s declaration or by-laws may specify. The Act requires that this insurance be replacement cost insurance, subject to a reasonable deductible. Read the article…………..
In Home Daycare Does Not Violate Ban on Commercial Activity
Recently, a court in Illinois ruled that two in-home daycare businesses did not create enough traffic to violate a use restriction prohibiting commercial activity in a subdivision. Although this case was decided by an Illinois court and is not binding on Washington courts, it demonstrates how a court in Washington might decide a similar issue. […]
Whose Lien Has Priority — The Secured Lender (Mortgagee) or Homeowner Association? The Answer Is “It Depends”
Every state has a law regarding recording of liens, and recording statutes typically fall within one of three categories: (i) a race statute (e.g., the first to record the lien has priority); (ii) notice (e.g., these statutes typically protect a subsequent lienholder provided such lienholder does not have notice of the prior lien, whether through […]
Five winter safety tips for condo managers
December has been seasonably mild to date, so winter safety tips may not be top of mind for condo managers just yet. Prepared property managers have already begun proactively reducing the risks and impacts of this late, but soon-to-arrive winter weather. To further enhance resident safety programs and protect building operations, consider the following five […]
Holiday Decorations, HOAs, and Happy Homeowners
It’s the time of year when holiday decorations are hung and a festive spirit fills the air in communities across Southern California. Just because your community is governed by a homeowners association doesn’t mean that you can’t transform your house into a winter wonderland. Use these helpful tips for residents and HOA boards to brighten […]
Is Your Condo Going to the Dogs?
If your condominium’s governing documents allow dogs and renters, my bet is there’s a large number of both in your community. We get a lot of questions from condominium boards asking how they can reduce the number of renters and dogs in their buildings because – in the words of one manager: “Our building is […]
Corporations Have a Fiduciary Duty towards Owners in Breach of the Rules
This is the recent story of an Ottawa condominium corporation who brought a compliance application against the occupant of a unit. Unfortunately for the corporation, when came the time to rule on legal costs, the corporation was reminded that it must consider and balance the interests of all owners… even those in breach of the […]
Bond Can Now Be used as a Substitute for Mechanics Lien Claim (IL)
Often times, a mechanics lien claim filed by a contractor or sub-contractors for work performed on the Association’s common elements has the effect of creating a cloud on title which complicates and in some cases prevents the refinancing or sales of units in the Association. Read the article………….
What To Do When Boards and Property Managers Abuse A Law Allowing Decisions By Consent Without A Meeting (CT)
It is CCOC’s hope that this article will answer questions you may have regarding the ability of a board of directors to vote without conducting a board meeting . Read the article………….
Winter Preparation
Although temperatures are yet to seriously plummet, chilly mornings promise that frigid temperatures are on the way. To prepare for winter weather, there are a few things condo associations should do to ensure the safety of tenants and their guests and of the building itself. Read the article………….
What to Do If You Have to Levy a Special Assessment
In a previous post, we talked about the importance of adequately funding your reserves as an HOA. While it would be ideal for every HOA to have a healthy reserve fund that could cover almost any unexpected cost, that’s not always the case. Not all associations have built up a reserve over time. Some may […]
Water in Your Condominium Unit? What Every Co-owner and Assn. Should Know
From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience. Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities the Co-owner and the Association may have. This article explores […]
Invasive, noxious fountaingrass
Q: Do you have any info that would help our HOA organize its response to its fountain grass infestation? Also, are there any fountain grass variations that local nurseries sell that are sterile and won’t spread? Read the Q&A………….
Vetting Your Professionals: Hiring the Best People for the Job
There is always work to be done on a building, whether it’s a simple lobby repair or a major capital improvement, and finding the right contractor for the job takes some work. If the vetting process is not done properly, the results could be disastrous. Read the article………..
Florida court rules in favor of mortgagee in HOA lien priority dispute
On December 2, a Florida court of appeals issued a decision reinforcing and clarifying the state’s lien priority law. U.S. Bank Nat’l Ass’n v. Grant, No. 4D14-979 (Fla. Dist. Ct. App., Dec. 2). At issue in the case was whether a homeowner’s association (HOA) lien on real property took priority over a mortgagee’s lien on […]
Shellbark Ridge HOA wants parking restrictions (DE)
Shellbark Ridge Homeowners Association trustee Ron Staab has asked Genoa Township trustees to either ban or limit on-street parking at the Old 3C Highway entrance to the subdivision. Read the article…………
Holiday Decorations
The holiday season is upon us and no holiday season is complete without holiday decorations. However, opinions vary as to what is tasteful and appropriate holiday decoration. While many view holiday decorations as an expression of the holiday spirit, over-done displays can be an eye-sore or create traffic problems. Of particular concern in some communities […]
Taming Your Fear of Speaking Up in HOA Board Meetings: 4 Tips
The fear of public speaking is one of the most common fears. And when you’re a member of an HOA board that often requires speaking up as part of your duties, overcoming this fear to can be scary and daunting. Read the article…………
Paying first assessment extinguishes any unpaid of foreclosed condo unit, state court rules (IL)
A foreclosure does not necessarily erase unpaid condominium association assessments, the Illinois Supreme Court has ruled, but all a new owner has to do is start paying new assessments on the unit. Read the article……….
Invasion of the Drones
Yeah, you read that right: drones. Call it a sign of the times, but the rising popularity of remote-controlled drones means you’re likely to see this issue in your community in the future — if you haven’t already. Read the article…………..
Ottawa Condominium Ordered To Allow Pay-And-Display Parking
In a recent Ottawa decision, the court confirmed again that condominium corporations must be careful to properly balance the interests of all owners – even the sole commercial owner. This case opposed the interests of a parking operator who wished to operate a parking business permitted in the condo’s declaration and the residential owners who […]
Appeals Court Sides With Insurer In Hurricane Claim (FL)
In a dispute stemming from Hurricane Jeanne in 2004, a South Florida appeals court has rejected condominium owners’ arguments that they sustained tornado damage — not hurricane damage. Read the article…………….
Resident Retention Ideas To Share With Your Management Team
Empty condos cost money. If you’re managing several properties, you’re also looking for resident retention ideas. Read the article…………
Condo Beef Ends With Attorney Fees for Both Sides
When it comes to awarding attorney fees, can both sides be considered winners in a fight between a condominium association and unit owner? It depends on whom you ask. Environ Towers I Condominium Association Inc. argued only one side could prevail. And because it succeeded in throwing the unit owners out of the Lauderhill property, […]
Association’s Right To Recover Assessments Clarified (IL)
Recently, Illinois Courts have handed down opinions that provide valuable insight for condominium associations that seek to recover unpaid assessments when banks foreclose on mortgages. Below are brief synopses of each. Read the article…………
The Urban Mobile Irrigation Lab: Helping South Florida Residential Associations with Irrigation
The Urban Mobile Irrigation Lab is a resource available to residential associations in Palm Beach County. Sponsored by the Palm Beach Soil and Water Conservation District (PBSWCD), the lab can perform irrigation evaluations within communities to help reduce potable water use and leaching of fertilizers on urban land. In addition, the PBSWCD strives to educate […]
Brack sold us broken apartments: 15 Union Sq. W condo board
Condo owners at one of downtown’s most high-profile luxury buildings say the property is not all it was cracked up to be. The condominium association at 15 Union Square West has filed a $5 million lawsuit against developer Brack Capital Real Estate eight years after the building first launched sales Read the article…………..
The Importance of Process
We often get questions about how important it is that a particular notice goes out as required by the Bylaws or the Declaration or a particular policy. Typically, a manager or a board member will call and explain that they’ve been sending out notices a certain way for a number of years (nobody can really […]
Bring the Noise! Community Noise Rules
Multifamily buildings like condos and apartments can have a lot of noise that seeps into everyone’s home. Controlling this noise can be difficult, but it is up to the board to create rules and regulations that promote a pleasant environment in which to live. These four tips can help control noise within a multifamily building. […]
The Independent Tort Doctrine: Post Tiara Condominium
When the Florida Supreme Court wrote the Tiara Condominium opinion the legal community was unsure what the opinion meant. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc,., 110 So.3d 399 (Fla. 2013). The opinion clearly states that the economic loss doctrine is applicable only in the context of products liability cases. However, did […]
Condo foreclosure doesn’t eliminate new owners’ obligations to pay past owners’ association fees, IL Supreme Court says
The Illinois Supreme Court has ruled unpaid condominium association assessments are not erased through foreclosure, unless the new owner forks over their first post-purchase assessment payment on time, otherwise they have to pick up the tab. Read the article…….
Standard of Care for Condominium Directors
In a previous post, we reviewed a case, Ballingall v. C.C. C. No.111, about an acrimonious dispute between resident unit owners and investor/landlord unit owners regarding the single family restrictions in the condominium documents. As well as considering the law relating to the interpretation of “single family” restrictions in the condominium context, that case also […]
Changing security is likely ‘material alteration’
Q: I live in a condominium association that has a guard at our entrance gate. If we change from a live guard to video surveillance cameras to save money, would that be considered a material alteration? Read the Q&A……………..
Five Preventative Maintenance Areas that can Save Your Condo Board from Emergency Repairs
The goal of any building’s maintenance processes should be preventative instead of reactive maintenance. The cost-savings in preventative maintenance can increase the lifespan of the particular item, whether it’s an elevator, drain, or roof. Yet another added benefit is eliminating the need to dip into the condo board’s emergency reserve fund to fix big problems […]