The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of discrimination, harassment, retaliation and disabilities, including assistance animals. […]
Airbnb, state of Michigan agree to new tax structure
San Francisco-based Airbnb and the state of Michigan have agreed that the online room-rental platform will now collect and pay a use tax. Under the agreement, starting July 1, Airbnb will collect a 6 percent tax from users of the service and then directly pay the state, said Ben Breit, Airbnb’s Midwest press secretary. The […]
Board Members, What HOA Insurance Does Your Community Have in Place?
Serving as an HOA member of the Board is an important job. The homeowners in the HOA count on you to do what’s best for the homeowners and the association in general. Not all board members bring the same background and experience to the job but most people today have at least a passing acquaintance […]
3 Tips To Avoid Pet “Headaches” and Issues In Your Condo
Pets are part of the family. But what happens when someone’s four-legged family member urinates in your condo lobby? Once the mess is cleaned up, how do you prevent Fido from making it a morning ritual? Beyond that, what actions can managers take to ease friction between pet owners and their neighbors who may fear […]
Minnesota Legislature Revises Minnesota Common Interest Ownership Act
In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk and difficulty obtaining insurance and financing for condominium developments at a reasonable cost. Read the article…………….
Access to Condo Records – No Fishing Expeditions
In a prior blog post published several years ago, we reported about a condominium unit owner, Mr. Lahrkamp, who successfully obtained a court order requiring his condominium corporation to provide him with redacted copies of board minutes and proxies. Read the article…………..
Legal Fireworks in Arizona: A Quick Guide
Hide your dogs (and have a safety talk with your kids) the summer fireworks season is here. From May 20 to July 6 fireworks may be purchased legally in Arizona. In the winter, you can buy fireworks from Dec. 10 to Jan. 3. They can be set off from June 24 to July 6 in […]
Singapore: Judge rejects condo’s ‘disproportionate’ bid to remove resident’s pet dog
A judge refused a condominium management corporation’s (MC) bid to remove a resident’s dog from the condo premises, warning against misuse through subjective interpretation of a condo by-law to force the move. The management council of JC Residence in Joo Chiat had taken dog owner Yan Wen Ting to court based on the woes of […]
HOA’s: Your Restrictions Have an Expiration Date (FL)
With the turnover of volunteer homeowner’s association (“HOA”) board members over time, it is not surprising that certain important long-term issues may be overlooked. There is one very important law, however, which board members may not be aware of that can eliminate an HOA’s ability to enforce its restrictions. I am often contacted by an […]
Changes to Financial Reporting Requirements for Associations (FL)
On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations. Read the article………….
MD Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent Assessments
The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case of Elvation Towne Condominium Regime II, Inc. v. Rose, No. 33, Sept. 2016, the Court held […]
Killer Weed in the Common Area? (CA)
Community Associations increasingly face issues with medical marijuana. It is a confusing area because federal and state laws conflict and social mores are in constant flux—especially when it comes to marijuana. Long gone are the days when the high school health teacher could show “Reefer Madness” and his students would accept that marijuana use leads […]
Florida’s Seldom Used 3-Day Right of Recission
If you are a roofer, you are likely no stranger to the concept of providing materials and services over the course of several days; however, you are much less likely familiar with the custom of providing clients notice of a 3-day right of rescission. Chances are that you have never heard of it before… but […]
The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan
In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common elements and limited common elements is important to determine who is responsible for maintaining, repairing and replacing damage to various […]
2017 Legislative Update Report (TX)
On May 29, 2017, the Texas Legislature concluded the 2017 legislative session. For the first time since the enactment of Chapter 82 of the Texas Property Code in 1993, the Legislature made no modifications to Title VII of the Texas Property Code (which governs condominiums) or Title XI of the Texas Property Code (which governs […]
Will Toronto’s Proposed Airbnb Regulation Help Condos?
Last week, Toronto’s Executive Committee approved a draft plan to regulate Airbnb. Amongst important changes, Toronto proposes the creation of a new zoning by-law and the adoption of new licensing and registration requirements. It also proposed to limit short-term rentals to principal residences. Will this help condos regulate short-term rentals? Read the article…………….
Singapore: Managements, police warn of ‘condo-crashing’
Condominiums boast luxurious facilities meant for their residents and their guests. Some even have large swimming pools and washrooms rivalling that of five-star hotels. But a new trend is worrying the managements of some condominiums here. “Condo-crashing”, which entails members of the public entering the private premises to use the facilities, has led to some […]
Funding Your Future: Predicting & Budgeting Your Association’s Repairs & Improvements
All community associations require routine maintenance, repairs, and replacement over time to ensure they remain in good condition. The task of ensuring the Association retains sufficient funding to pay for this maintenance, repair and replacement work falls squarely on the shoulders of the Board of Directors. Balancing the Association’s financial and maintenance needs is a […]
Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires
In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired. Read the article……………
Security Cameras in Michigan Condominium Projects
Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society. As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage. Security cameras raise significant legal questions that impact […]
Summer Safety
The summer season is a ready welcome every June given our Midwest winters. However, with the warmer temperatures are considerations your communities may face during this time of year. Here are some reminders for issues most common to the summer months. Read the article…………….
HO-6 Insurance: Understanding Condo Insurance
Condo owners have very specific property insurance needs. While condo owners have dominion over their individual unit, homeowners associations are usually responsible for the exterior of the building as well as lawn and landscaping features. Likewise, there is an incredible amount of variance in the governing laws of different homeowners associations that frequently affect the […]
Community Associations: New Estoppel Rules (FL)
Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements. The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within 10 business days. If they fail to do so, they will forfeit their right to […]
Condo liability law loosened (MN)
A homeowners association is suing the developer, builder and manager of the Superior Vista condominiums, among others, claiming the Mesaba Avenue complex was not properly built and ought to be repaired under warranty. “Many areas of the building were not built to applicable building code, industry standard and/or engineering specifications … all of which is […]
Can board have executive meetings without posting them or keeping minutes?
Q: We are an 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 not attend. […]
Can the board increase the number of directors?
Q: Our board of directors has five (5) directors and we want to increase the size of the board to seven (7) directors. We have an active membership and these additional directors would bring a lot of knowledge and experience. Can the board increase the size to seven? Read the Q&A…………..
Unit owners deck project requires vote
Q. A unit owner in our condominium association has requested permission from the board to expand the size of the deck serving his unit. This deck, along with the decks serving other units, was built by the developer. It is located on the common elements. Can the board approve this request? Read the Q&A………….
State orders Poinciana HOA to throw out election (FL)
As state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members. The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for […]
NSW Strata Defects Regime Delayed Until 1 January 2018
NSW residential developers are no longer required to implement the defects bond scheme from 1 July 2017. The NSW Parliament today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017, which delays until 1 January 2018 the commencement of the NSW Strata Defects Regime set up under Part 11 of the Strata Schemes Management […]
Florida HOA’s Can Change Rental Rules
Question: Our homeowners’ association would like to change our current minimum rental period, which is only three days, to a thirty day minimum. If we receive a majority vote for making this amendment, do we have to “grandfather” current owners, some of which own for investing and not for personal use? Read the Q&A………..
Not-so-super superintendent?
Many high-rise condominiums have superintendents or “supers”. In some condominiums the duties of the super are limited to basic maintenance obligations. In others the super is more like superman, with duties ranging from handyman to complaints investigator. Sometimes the super isn’t so super. Read the article……………
How to Win a Fight With Your Condo Association or HOA – Without Going Broke
More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association. According to a 2016 CAI survey, 65 percent of residents find living in an association positive, with another 22 […]
Will new laws protect condo owners from apartment conversions and rogue associations? (FL)
….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1 if Gov. Rick Scott signs it. Read the article……………….
Miami judge partially derails homeowners’ lawsuit against Privé at Island Estates developers (FL)
Miami-Dade Circuit Judge William Thomas handed the developers of Privé at Island Estates a victory this week in their tumultuous legal war with neighboring homeowners. Thomas ruled Tuesday that the statute of limitations had long expired for the Island Estates Homeowners Association and the Williams Island Property Owners Association to challenge a vested rights determination […]
Guiding Principles for Enforcement Hearings
Since our enforcement hearing presentation at WSCAI’s Made for Managers Day a couple of weeks ago, we have been getting a lot of feedback on the variety of procedures employed for community association enforcement hearings, generally with the question “is it okay to do it this way?” First, a big thanks to all of you […]
How Effective is Your HOA Security?
When you think of HOA security you usually think of Gated communities, security guards, and surveillance cameras. If you follow the news you might think of “neighborhood watch gone wrong” or “unarmed grandfather killed by security guard” The fact is every community experiences crime of one kind or another – whether it be vandalism, burglaries, […]
NC Community Association Legislative Update – June 22, 2017
I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one chamber to move forward) has passed, which means this a good time to check in […]
What Should Condominium Associations Do After Cypress Point? (NJ)
It has been several months since the New Jersey Supreme Court decided Cypress Point Condo Ass’n v. Adria Towers, LLC. The issue in Cypress Point was whether rain water damage caused by a subcontractor’s faulty workmanship constituted “property damage” caused by an “occurrence” to trigger coverage under a condominium developer’s commercial general liability (CGL) insurance […]
Why Your Community Must Plan for Emergency Communication and Training
Whether you live in a high-rise condominium in Chicago, a homeowners association (HOA) in Houston or an active adult community in Las Vegas, emergencies can happen. Do you think your residents would know where to go or whom to contact in an emergency situation? Does your onsite staff know what to do to protect residents […]
Pre-Planning for an HOA Disaster Response: Roles and Responsibilities
Disaster planning is critical for anyone–but it’s doubly significant for HOAs and others in positions of authority. If a natural disaster strikes in your area, are you prepared to respond? Knowing the roles and responsibilities your HOA has in times of disaster will help everyone respond more efficiently, restoring order to your neighborhood sooner. Read […]
Ask SAM: HOA Woes? (NC)
Q: Our home owners association by-laws state that it is the duty of the president to call a special meeting when 20 percent or more of members present him with a written request. A request was delivered by certified mail. What is the homeowners’ recourse if the request is ignored? What should homeowners do when […]
What to Do When an HOA Board Member is Breaking the Rules
The ultimate goal in a homeowners association is for everyone to be respectful and live together peacefully. However, it’s hard to accomplish both of these goals when you have members breaking the rules – especially if it’s a board member. It’s the responsibility of an HOA board to protect, maintain, and enhance the Association through […]
When is a developer not a developer? The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (No 2)
The plaintiff is the Owners Corporation in respect of a mixed residential and commercial strata development in Camperdown (the development). The development involved the conversion of a warehouse complex owned by Mr and Mrs King (the Kings). The Kings had entered into a Development Agreement with Meridian Estates Pty Ltd (Meridian) under which Meridian was […]
Columbia, Maryland was an early template for smart growth. It turns 50 this week.
One part real estate project, one part social experiment, Columbia, Maryland is one of the most ambitious and successful planned communities ever built in the United States. Inspired by purposely planned and built “new towns” in postwar Britain, Columbia joined Reston, Virginia and Coral Springs, Florida as one of the most prominent communities conceived during […]
Mountain Law: Cracking Colorado’s condo conundrum
In a July 1, 2015, article titled, “Construction defect reform advocates lose at state house, then win in court,” I wrote about Colorado condominium developers who lost an effort to pass legislation that would have reformed construction defect law but then shortly thereafter obtained a favorable court decision that accomplished one of their goals anyway. […]
Flooding leads Fort Lauderdale to consider higher fees (FL)
The rate change would shift costs so that condo owners, and owners of stores, offices, and government properties pay more. The new rates would be based on how much traffic a property generates — a novel, relatively untested method that city commissioners said they aren’t sure they agree with. The idea was proposed by consultant […]
Can a Condominium Corporation Prohibit the Display of the Canadian Flag?
With Canada Day just around the corner and important festivities expected to take place this year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere. How are condominiums to deal with requests from owners wishing to display their maple leaf pride? Read the article……………
Enforcing Long Unenforced Rules In Your HOA
It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain members play fast and loose with the rules, these boards turn a blind eye or […]
Five Tips for Effective Enforcement of HOA Rules
One of the biggest mistakes we see are boards making inconsistent rulings or being very lax with what their CC&Rs say. While it may seem easier to let some things slide, like ignoring people who leave garbage bins in their driveway against HOA rules, your board will lose its effectiveness unless you fairly enforce all […]