This past November, Amendment 2 legalizing the use of medical marijuana was approved by Florida voters. The rules governing medical marijuana have not yet been passed by the State Legislature and the Department of Health; however, it is likely to assume that situations regarding the use of this substance within our community associations will soon […]
Construction Defect – Application of the Right to Repair Statute to Material Suppliers (CA)
Civil Code § 8951 et seq. (the “Act”) establishes a set of building standards pertaining to new residential construction and provides homeowners with a cause of action against, among others, material suppliers, for a violation of the standards(§§ 896, 936). Here, the Fourth District Court of Appeals was asked to decide whether the Act requires […]
Condo board sues VE Equities, Elliman over alleged defects at 250 Bowery (NY)
The condominium board at 250 Bowery filed a lawsuit against developer VE Equities, Morris Adjmi Architects and Douglas Elliman for allegedly selling them shoddy apartments. In a complaint filed with New York State Supreme Court Thursday, the board alleges that the 24-unit Lower East Side building’s water pipes weren’t properly insulated, leading one of them […]
IRS Revenue Ruling 70-604 and MCL 450.2541(2)(b): The Value of Expert Advice
Many individuals and corporations, including community associations, are currently preparing their tax returns. For associations with excess revenue this process most likely involves a determination of whether to exercise an election under IRS Revenue Ruling 70-604. A proper election under Revenue Ruling 70-604 can be used to reduce an association’s taxable income by deducting from […]
Voter Apathy Plagues Florida Community Associations
Question: Our condominium association has been trying to amend our condominium documents since the developer sold out 10 years ago. The documents require 75% of all unit owners for amendment. This has failed several times, primarily due to voter apathy. Is there anything the board can do to amend the documents?
The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional
The Nevada Supreme Court and the federal 9th Circuit Court of Appeals have different rulings on the same statute. So, what does this mean? I think it probably means that the choice of courts makes all the difference. In Nevada state courts, the Nevada Supreme Court is the final authority. But if the case is […]
Condominium Corporation Seeks Court Order Requiring Mental Examination of Unit Owner
In a recent case, TSCC No. 2395 v. Wong, a condominium corporation that was dealing with a unit owner whose behavior had become increasingly threatening, abusive, intimidating and dangerous, applied to the Court for an order that the unit owner undergo a mental health examination by a medical practitioner. The corporation requested the mental health […]
Changes are Coming – More Paperwork
This post is geared towards the managers and self-managed boards out there. As you have probably heard by now, the amendments to the Act have been described as providing greater protection to owners. Only time will tell, but one thing that is clear: there will be a lot more paperwork! Read the article…………..
Essential Board Member Skills: Objectivity is Key
I believe the most important skill for a board member to possess is objectivity. You need to look at all positions and possibilities and then select the path that provides the greatest good for all members of the association. This may not be the path that benefits yourself the most, but benefits the group. We […]
Court Defers to Association’s Interpretation of its Bylaws (WA)
The Washington Court of Appeals recently held that an association’s board of directors was validly constituted and properly passed bylaw amendments, so the board (and the management company as the board’s agent) had the authority to charge and collect fines and fees. Parker Estates Homeowners Ass’n v. Pattison, No. 47402-6-II, 2016 WL 7468226, at *1 […]
Planning and Conducting a Successful Annual Meeting
Happy Birthday to your Association!! The annual meeting can be a chance for the current board to shine on the past year’s performance, promote the plans of the community, and answer the myriad of questions that come with being a board member. This is usually the meeting with the most residents in attendance. A statement […]
Water Tower condo owners sue over flooring (IL)
A contractor who’s the subject of a lawsuit over plumbing lines in a rehab in Water Tower is also under fire for flooring in another unit in the building. In a lawsuit, Ian and Patricia Frost, who own a unit on the 54th floor, claim Centaur Interiors used flooring that does not provide the level […]
Improve Your Condo and HOA Management Brand in 5 Easy Steps
Property management is a competitive business. To stand out from the crowd, your company needs a strong “brand presence” – an impression you give people about the benefits of choosing your firm over a competitor. But branding is more than just a corporate logo and tagline. Think about Nike’s swoosh and “Just do it” brand […]
Association Deficits Don’t Excuse Developer From Funding HOA Reserves
Developers must establish and fund reserve accounts for their projects during the initial years while they retain control of the homeowner associations. However, there are various legal and bookkeeping maneuvers that they often employ to attempt to avoid or diminish their contributions for reserves, which are intended for use for major future maintenance expenditures. […]
Funding Reserves For the Common Good
Subdivisions, planned community, and condominium owners are different types of community and offer different types of amenities and surrounding. However, there is one common denominator that people living inside these communities are obliged to conform with to ensure the common good of everybody while accessing or using the amenities of the community, and that is […]
City to spend more to fix garage access system (IL)
Unhappy Sherman Plaza condo owners persuaded aldermen Monday to spend $140,000 to replace a new access control system for their section of the development’s garage. Hank Goldman, president of the condo association, says the license plate reader technology used in the new system isn’t working properly, forcing some owners to get out of their cars […]
Palm Beach considering major change to landscaping laws
Only on Palm Beach would there be a debate on how to keep the town tidy. Neighbors are butting heads with town leaders over leaf blowers and the noise they make. It’s an ongoing battle that started years ago and is starting to take more shape this month. On Tuesday, the town council considered banning […]
Condo Tenants: A Potential Asset
Question: We have been renting a condominium unit in a fairly large complex for the last several years, and our current plans are to stay here for several more years. For financial and other personal reasons, we do not want to buy. However, quite frankly we feel that we are second class citizens in this […]
Oakland homeowners’ association taking residents to court (NJ)
Nearly 1,700 property owners living on Crystal and Mirror lakes or in the surrounding area are being threatened with legal action to force them to pay maintenance dues going back five years. The corporation that owns the lakes, Ramapo Mountain Lakes, Inc., has filed a class action suit in state Superior Court seeking to compel […]
Turnover: Transitional Considerations for the HOA
Part one of this blog discussed turnover in its initial stages: the events that trigger turnover and the files and papers the developer is required to produce to the homeowners’ association at the time of turnover. Once an association has completed those steps, the board must then turn to critical business and make crucial decisions […]
How to Get the Vote
Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the […]
Condominium audits uncover four common issues
With few exceptions, the Condominium Act of Ontario (the act) requires an independent auditor to perform an annual audit of the financial statements of a condominium corporation. Sections 60 and 71 underline the rights and responsibilities of an independent auditor. It’s important for unit owners to understand that an independent auditor does not prepare the […]
Garage Sales and Your HOA Community
Even if you haven’t kept up with your New Year’s resolutions like you had hoped to, February is still the season of “New Year, New Me,” which means you shouldn’t give up yet on accomplishing those things on your goal list! For many people, one of the best ways to feel like they’re getting a […]
E-mail Intelligence – Does Your Board Possess it?
Today, I am discussing the pros and cons of homeowners’ association (HOA) board members and managers using email for community correspondence, and how to craft a sound email policy for your association. Board members, managers and association residents are no different from everyone else you know inasmuch as they are all heavily reliant upon electronic […]
Clarifying Board Roles: Who’s On Board?
Chances are if you’re a resident in a co-op, condo, or HOA community, you’re familiar with your property’s board of directors (or trustees, or managers, depending on what part of the country you live in). Boards are usually made up of volunteers, or members appointed by the community’s initial developer, depending on the property’s age […]
You Can Make a Difference!
Driving to and from your garage and merely existing in an association is not the only option. Living within an association provides you with many opportunities to become involved in your community. Assuming you meet any qualifications which exist within the documents, one of the best ways to be involved in your community is to […]
Building a Stronger Community: Encouraging Neighbors
Are condominiums, co-ops and HOAs cohesive communities? Is community part and parcel of what the purchaser is seeking when they buy into a co-op, condo or HOA? The concept of ‘community cohesiveness’ could be defined as a community in which there is a common vision and a sense of belonging, and where the diversity of […]
Strategies for Handling HOA Neighborhood Disputes
In every community, there comes a time where there might be a neighbor-to-neighbor dispute. Typically, these differences stem from a noise complaint, landscaping violations, parking violations or a misuse of a common area. In every instance, it is the hope of the Association that the neighbors can resolve the conflict themselves, but in some cases, […]
Assessments and Combined Lots in Florida HOAs
Question: I live in a homeowners’ association community. Recently, one of our owners purchased the vacant lot next to their home. The owner has now combined the properties into one parcel with the taxing authorities and is now demanding that the association only charge them assessments for one lot, instead of two. Is this appropriate? […]
Michigan court rules in favor of condominium association in interpreting newly amended MCL 559.167 (SB 610)
The Oakland County Circuit Court held that the MCL 559.167, as amended by 2016 PA 233, does not recreate “need not be built” units that were eliminated under the prior version of MCL 559.167. The ruling will have an impact on any condominium projects that contain unconstructed “need not be built” units and also meet […]
On Limitations: Alberta Court Reiterates Importance of Reasonable Diligence to Identify Defendants in Class Proceedings
In Condominium Corporation No 0610078 v Pointe of View Condominiums (Prestwick) Inc (“Condo Corp 0610078”), the Alberta Court of Queen’s Bench (“ABQB”) considered the extent to which a party that suffered damage is required to identify the parties responsible for that damage for the purpose of triggering the commencement of the limitation period in the […]
How can we get detailed financial reports at board meetings?
Q: The board of directors in my homeowners association meets every month and provides a cursory financial report with little detail. We have requested the treasurer and board provide more information, but the board responds we can get the detail at the property management office. Does Florida law provide any redress? Read the Q&A…………..
Should emails between board members be made public?
Q: I am on the board of directors and a unit owner recently asked me to send her all emails relative to an ongoing covenant violation dispute. The board has discussed the violation in previous email communication and we have emails from the attorney, neither of which I would want circulated in the community. Do […]
Kushner fraud case back before judge who declared mistrial after bias accusation (NJ)
Superior Court Judge Vincent LeBlon will continue to preside over the trial between Perth Amboy condo owners and the Kushner Companies despite declaring a mistrial after an attorney accused of the judge of “running the most unbalanced trial of his career.” Civil Division Presiding Judge Jamie Happas ruled Friday that the second round of jury selection would […]
Changes are Coming – Changes by Condo
As you may know, section 97 of the Condominium Act, 1998 (the “Act”) addresses changes made to the common elements, assets, and services of the condominium. In the amendments to the Act, section 97 will be removed and replaced with a new section 97. Read the article………….
Court Affirmed Dismissal Of Breach Of Fiduciary Duty Claims Against Condo Board Members
In Brown v. Hensley, a condominium complex was damaged by a hurricane, and the board of the complex allowed the complex to be demolished. No. 14-14-00981-CV, 2017 Tex. App. LEXIS 727 (Tex. App.—Houston [14th Dist.] January 26, 2017, no pet. history). Some of the unit owners sued the board for breach of fiduciary duty and […]
Essential Board Member Skills: Listen More, Talk Less
When I was asked which skill was most essential for board members, I had an immediate consideration for one I thought they should definitely master: listening. However, as a matter of routine, I did a straw poll of some of my managers and asked them the same question. Some of the skills they suggested were: […]
DO HOAS NEED TO FILE A TAX RETURN?
If you own a home in a planned community or development, there is a good chance you are a member of a homeowners’ association (HOA). One perplexing aspect of HOA management is following the tax reporting requirements of the IRS. Some common questions our office receives are “Must our HOA file a tax return?” “What […]
2017 Top Ten List on Arizona Open Meeting Law
Here it is! The list you’ve all been waiting for! We have compiled the absolute “need to know” bullet points about Open Meeting Law for Arizona Homeowners Associations. Read the article………….
The Perfect Hire for Community Management
Common interest communities are growing rapidly and as a result, management companies are too. But with this growth comes an increased demand for qualified managers. Often community association management companies are required to recruit managers from other industries, and train them in the ways of community management. This demand for managers means that management companies […]
MCL 559.184: When can a purchaser withdraw from an agreement to purchase a new condominium?
Purchasing a new construction condominium is an exciting prospect for many people. However, condominium purchasers are often provided with a large amount of information and requested to make numerous decisions in a short period of time. In many instances, potential condominium purchasers are completely unfamiliar with condominium associations altogether. While condominium living certainly has many […]
Appeals court decides Centex must pay into HOA reserve (FL)
The 5th District Court of Appeal recently decided in favor of a pair of homeowners representing themselves in a case against their homeowner association at Sullivan Ranch. According to a report by the Orlando Sentinel, Sara MacKenzie, who had only practiced law for a short time after successfully earning her law degree in the 1980s, […]
Florida Condominium and HOA Fining Laws are Slightly Different
Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? Read the Q&A………….
5 Productivity Apps For HOA & Condo Managers
Welcome to another Evercondo “tech tips” post, where we share some of the best apps and technology solutions out there for helping property managers, board members and residents get more done with less time. We all want to be more productive in life. Fortunately we live in a time when helpful technology is plentiful and […]
Community Associations and the Second Amendment
The Second Amendment to the United States’ Constitution guarantees individuals the right to keep and bear arms. The Florida constitution contains a similar guarantee. With few exceptions, Florida law allows licensed individuals to carry concealed firearms in most public locations. Based on these constitutional and statutory rights under U.S. and Florida law, many owners residing […]
Former property manager alleges wrongful termination by Silver Thatch Atlantic Plaza Condominium Association Inc.
A Broward County woman formerly employed as property manager claims she was wrongfully terminated for reporting allegedly unlawful conduct. Michele Gardner filed a complaint on Jan. 27 in the U.S. District Court for the Southern District of Florida against Silver Thatch Atlantic Plaza Condominium Association Inc. citing the Fair Labor Standards Act and the Private […]
Airbnb and VRBO and your Home: Regulating The Shared Economy
The “Shared Economy”— where economic and social activity occurs directly between individuals with the help of an online format— is reshaping our national economy. Today we can easily monetize everyday assets, including your car and home, in ways that were previously impossible. This innovation and advancement has not occurred without growing pains, many of which […]
Calculating a Cover Charge (NY)
Courts rule that co-ops and condos are entitled to fees for granting building access. Construction workers at the building next door to your co-op want to gain access to your property. In the past, if you did not come to terms with the builder, he would just go to court and get a license requiring […]
Being a Condo Director Could Enhance Your Career!
How did Kellyanne Conway, President Trump’s former campaign manager and current Counsellor to the President (and proponent of “alternative facts”) make it to the White House? It was recently reported that Ms. Conway met President Trump a number of years ago, when she was a board member of Trump World condo, her “beautiful home in […]