Your community manager plays an important role in the effective running of your homeowner’s association. A strong working relationship between board, homeowners and property manager makes it easier for you to get the most out of your HOA. Conversely, a strained managerial relationship can cause frustration all around. Your community manager acts as an agent […]
3 Tips for Effective Covenant Compliance
It’s a topic of discussion at every Board meeting – who’s following the rules and who isn’t. People choose to live in community associations because they want to preserve their property values, but if the board and management aren’t enforcing rules uniformly, success will be an uphill battle. And on top of this frustration is […]
Why Are HOA Reservations Such a Pain?
Common amenities are the reason many home buyers choose to live in common interest communities. they have visions of relaxing by the pool, family reunions at the park pavilion, and movie night with friends in the clubhouse theater. But sharing these common facilities with hundreds of neighbors can be challenging. That’s where HOA reservations come […]
Countdown to your Next AGM (Under the New Condo Act)
The clock is ticking towards the implementation of the “New” Condo Act! The implementation of this new regime will be done in phases over the next few months. Some of the early changes will affect how condo corporations give notice of owners meetings. Here is a “step by step” guide on how to call your […]
The Fall Of The Economic Loss Rule And Rise Of The Independent Tort Doctrine
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two circumstances: Read the article…………
Tips for Understanding the Role of an HOA CPA
Both Board members and homeowners have an interest in the money end of an HOA’s business. After all, it’s the owners who have to pay higher fees when the homeowners association goes over budget. And it’s the Board who is responsible for hiring the right people to run the HOA’s financial business. The good news […]
Why Have a Professional Reserve Study
Every community association has three functions – to serve as a business, a government and a community. Community associations are generally nonprofit corporations, functioning in many ways as businesses with revenues (association dues, clubhouse rentals, revenues from golf course or restaurant, etc.) and expenses. As a business, the Board needs a business plan for the […]
Fair Housing Act – Emotional Support Animals
A very instructive case was decided last month in a Federal Appeals Court which will demonstrate almost everything not to do with respect to compliance with the Fair Housing Act relative to emotional support animals. This case dealt with a suit brought by two emotionally disabled unit owners in a condominium community that had a […]
Understanding the Why’s Behind an HOA Special Assessment
An HOA special assessment is a fee that is charged to each housing unit within a development, to be used to cover an unexpected expense or other short-term occurrences. Special assessments are charged separately from your HOA fees, and they usually arise due to a shortfall in the reserves of the HOA. This article will […]
Florida’s Newest Non-Native Invasion – Overnight Rentals
With little doubt, purchasing a home is one of the most significant investments you can make. In order to help protect that investment, many purchasers choose to buy homes within community associations that include homeowners’, cooperative and condominium associations. Behavior within community associations is governed by a declaration of condominium or declaration of restrictions, along […]
Condo Boards Beware: Risks Outweigh Advantages of Using E-mail to Discuss Association Business
It is a sign of technology’s fast and firm grip that few of us can remember a time when we communicated by mail (letters inserted in envelopes, affixed with stamps and delivered by the post office) rather than e-mail, delivered instantly to one recipient or dozens of them by pressing the “send” button on a […]
Washington Court of Appeals Reverses Trial Court’s Partition of Common Area
The Washington Court of Appeals ruled in an unpublished opinion last month that partition of a common area created by the deeds of four adjacent properties was not a remedy available to the trial court when the property owners could not agree about the use or maintenance of that common area. Read the article……………
Is lien work really for lawyers only?
This post is likely to be unpopular with my colleagues, but it needs to be said. Lien work is gravy work for lawyers. It takes us very little time from start to finish, it can be easily delegated to staff, and it can be very lucrative because most boards don’t know or care what is […]
Somerville’s condo conversion law faces legal challenge (MA)
Somerville’s housing wars have a new battlefield: a city ordinance that controls conversions of apartments to condominiums, which tenant advocates say has been exploited by landlords, while developers complain it is overly restrictive and possibly illegal. The fight is playing out in City Hall, where Somerville aldermen acknowledge the 32-year-old ordinance, a vestige of the […]
Homeowners associations’ dues
The Housing and Land Use Regulatory Board (HLURB), the government office that regulates land use, housing development and homeowners associations (HOA), recently issued guidelines on the dues, fees and contributions that HOA may collect from their members. The collection of funds from residents of gated communities, housing subdivisions and residential condominiums is often a bone […]
Which governing documents are most important for associations to rewrite?
Q: Our condominium association is contemplating rewriting our governing documents. What are the most important issues the board should consider? Read the Q&A……………….
HOA should accept model home landscaping (NV)
Q: I bought a model home more than five years ago; and as you probably know most builders seem to over landscape these homes and usually don’t seem to follow the covenants, conditions and restrictions or architectural review committee. Since I bought the home I haven’t made any changes to the landscaping. Can the board […]
Can board hold meetings that are not posted?
Q: We are a homeowners association (HOA) and our board is constantly holding what they call “executive” meetings with all board members present. These meetings are never posted. They transact business at these meetings and don’t keep minutes. These meetings also do not have anything to do with legal issues and the association lawyer does […]
Owners’ approval not needed on certain expenditures
Q. Our declaration states that the board can approve certain expenditures without owner approval. Our five-person board approved a large expense that did not require owner approval. Upon further thinking, four of the board members want to negate that board vote and put the matter to a vote of the owners. The fifth board member […]
4 Things to Expect From Your Property Manager
Much of a property management company’s success with your HOA is influenced by the relationship between the manager and your board of directors. We often hear from prospective clients who want to know if the service they are receiving from their current property management company is standard practice or if they can expect more from […]
HOA Homefront: Recipe for reasonable rules
One important board responsibility is to adopt and enforce community rules. Developers, when creating common interest communities, provide CC&Rs and bylaws (usually boilerplate), but typically do not create rules. So, it is up to the volunteer boards to create necessary and reasonable rules for their communities. Read the article…………….
Ruling Illustrates Unpredictability of Fair Housing Litigation for Associations
The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations. Read the article………………..
4 Common Homeowner Association Security Errors to Avoid
Homeowners associations (HOAs) are more popular than ever. In 2015, 66.7 million Americans were members of a homeowners association, equivalent to 20 percent of the population, a Community Associations Institute study found. Unfortunately, the growth of homeowners associations has made them a more attractive target for burglars. Why? Seventy percent of HOAs are managed by […]
Bank of America seeks declaratory relief regarding foreclosure proceedings on condo
A financial institution is seeking declaratory relief regarding a foreclosure on a San Francisco condo. Bank of America NA filed a complaint on April 17 in the San Francisco County Superior Court against California Department of Consumer Affairs, Bureau of Real Estate and Dean R. Grafilo seeking declaratory relief. Read the article…………….
6 Reasons a board should Hold an HOA Executive Session
By statute, an HOA’s board of directors has the right to hold private meetings, called executive sessions, to discuss privileged information and private concerns. These meetings are highly rule-governed, and becoming acquainted with those rules will help you navigate this sensitive area of HOAs with poise and confidence. Read the article…………….
Steps Required by Condos to Allow for Electronic Service of Documents
Condo corporations are often required to send formal notices to owners. These formal communications will increase under the “new” Act. Corporations may be able to reduce cost (and save trees) by switching to electronic communications. Here is how. Read the article…………..
With Memorial Day, Flag Day and 4th of July right around the corner… let’s talk flags! (AZ)
Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs! Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an association […]
Above the Law: Why Homeowners Try to Skirt the Rules
You’ve seen it more times than you can count: rebellious homeowners living on the edge (or over the edge) of the HOA rules. While “rebellious” is probably a strong word in most cases, you are faced with a dilemma either way. You have to enforce HOA rules, but you don’t want to seem like the […]
When It Comes To The HOA/COA Lien Process, Misconceptions Abound
Working with homeowners associations (HOAs) and condo owners associations (COAs) often leads to confusion among servicers – and that confusion may lead to problems during the lien process. uring a recent interview with MortgageOrb, Damon Paxson, vice president of HOA solutions at LRES, a national residential and commercial real estate services company providing valuations, real […]
Tree Care for Your HOA
With spring in bloom and hot weather becoming the norm, it’s important to make sure your trees are properly cared for. We often hear about communities who ignored their trees until many were sick or dying. Instead, we encourage your community to proactively treat trees for pests, prune them regularly, feed them with proper fertilizers, […]
Why Associations and Their Managers Need to Be Wary of Debt Collections Practices and Laws
The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments. Read the article………….
Construction Defect Reform in CO; HB 1279: Pluses, Pitfalls & Practical Pointers
Construction defect litigation reform will take a small step forward this week when Gov. John Hickenlooper signs HB 1279 on May 23, 2017. HB 1279 will go into effect immediately after signature by the Governor, and developers and residential builders will need to be aware of certain aspects of the law. HB 1279 has been […]
Shoddy condo construction lawsuits in Colorado just got harder to file, but that doesn’t mean development slumber is over (CO)
Declaring that the measure “will help make our housing more affordable,” Gov. John Hickenlooper on Tuesday signed into law one of the most hard-fought compromises of the 2017 session — a bill that will make it more difficult to sue builders for shoddy condo construction. Business leaders for years have been seeking wholesale reforms […]
Illinois Supreme Court Clarifies Snow & Ice Removal Act
Decided by the Illinois Supreme Court on December 1, 2016, Murphy-Hylton v. Klein Creek Condominium et al. held that the immunity granted under the Illinois Snow and Ice Removal Act for the negligent removal of naturally accumulated snow and ice does not also provide immunity for injuries caused by ice arising due to circumstances unrelated […]
Mortgage Bankers Assn Joins Amicus Brief on Nevada HOA Case
The Mortgage Bankers Association (MBA) joined the American Bankers Association (ABA) and the U.S. Chamber of Commerce in an amicus brief with the U.S. Supreme Court that supports a request by Wells Fargo Bank to review a Circuit Court of Appeals ruling regarding a Nevada statute that gives homeowners association (HOA) “super liens” priority over […]
Fair Debt Collections Guidance
When the Fair Debt Collection Practice Act (FDCPA), 15 U.S.C 1601, was first enacted, it specifically exempted creditors attempting to collect their own consumer debts. With the enactment of the Consumer Financial Protection Bureau (CFPB), large financial consumer lenders have found that many of the protections afforded consumers by the FDCPA are being applied directly […]
Court Ruling Delivers Setback to Community Associations Restricting Short Term Vacation Rentals (FL)
The regulation of vacation rentals continues to be a hot button issue as companies like Airbnb.com and Vrbo.com are taking their fight to Florida’s legislatures and courts in order to open up Florida markets to their share economy businesses. The vacation rental companies scored a victory in April when the Florida house passed HB 425 […]
What are the Negative Consequences of Hoarding in a Community Association?
Hoarding is a psychological condition where: 1) individuals have difficulty getting rid of possessions that are no longer useful; and 2) efforts to discard these possessions and not acquire new items cause distress. Television shows such as Hoarding: Buried Alive and Hoarders display in alarming detail the negative emotional and physical impact of this condition […]
Licences for Property Managers
Unless you’ve been living under a rock, you’ve heard that the government has created significant changes to the condominium landscape in Ontario. One of the biggest changes is that property managers will require licences to provide condominium management services in Ontario. The regulation of property managers is designed to weed out the bad apples, which […]
HOA & Pet Policy: What You Need to Know
Almost everyone has a soft spot for animals, and just about every HOA allows pets within certain guidelines. Since pets are a reality, it is important for your HOA to establish clear, understandable, and easy to find guidelines on pets. No one wants to live next door to a dog that always barks, or a […]
Does Your HOA Board Have a Policy for Home Security Systems?
We know you want to feel safe at home and you should. Maybe you have tried trimming foliage, increasing exterior lighting and are considering installing a home security system to feel more secure. Before you invest in a high-tech home security system, there are a few things to consider. Personal safety and privacy are two […]
Can association board borrow money without membership OK?
Q: Our condominium is proposing a significant remodeling project and the membership supports the change, but there is disagreement on how to pay for it. The board claims that it can borrow the money from a bank without membership approval and there are a lot of members who do not want to pay interest. Can […]
Changing governing documents generally requires homeowner approval
Q: My homeowners’ association is about 12 years old and we are considering doing a complete rewrite of our governing documents. Some members of the board have stated that we cannot replace our governing documents, but only amend them. Is this correct? Read the Q&A……………
Can a golfer be held liable for errant golf ball damage?
Q: My home is near the tee box of the first hole of a local golf course. Periodically (but very infrequently) an errant golf ball strikes my house. Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage. I ran out to get their name and phone […]
Owner can be charged for lost key
Q. I lost the key to the common element cluster mailbox in my condominium association. I was advised that I must replace the mailbox lock. Is the association or owner responsible for this? Shouldn’t I just have to pay for a new key? Read the Q&A……………
Condo building’s insurance policy may not cover individual units
Q: With hurricane season right around the corner, I am concerned about insurance for my beachfront condo. Who is responsible for fixing or replacing the building? And if my unit did get damaged, would I still have to pay the mortgage if I’m not able to live there during repairs? Read the Q&A……………
Bahamas: Condo Owners Hit By Fraud, Says Court
The Court of Appeal has quashed two separate settlements after finding “that a fraud has been perpetrated on the unit owners” at a Freeport condominium complex. Appeal Justice John Isaacs, in a May 16, 2017, verdict backed by his two fellow justices, found that the initial consent Order determining who should pay for hurricane-related repairs […]
The Good Bad & Ugly of the Community Association Website
It’s true… the HOA industry has a problem — a bad, ugly, terrible, problem! — It’s not HOA boards run amok, or homeowner apathy. Nope… We have a community association website problem. Nearly every day I talk to HOA board members and managers about their community website. The conversation usually goes something like this. “We […]
Cyber Security for your Community Association
It is always a good idea to maintain security both as individuals and as HOA and condo associations. In this technological age, people are more vulnerable and susceptible to being hacked. Just as you would lock your doors and protect yourself in the real world, it is important to secure your belongings in the cyber […]