Leilani Estates residents are giving up on a lawsuit they filed against Hawaii County that would have returned a security checkpoint to the neighborhood devastated by lava. The cost of maintaining that 24-hour security was $100,000 every month and federal money for the measure ran out at the end of October. Some Leilani Estates residents […]
A License Is Required to Pursue Collection of Delinquent Assessments in Washington
Washington law requires individuals and entities who pursue the collection of delinquent condominium assessments to obtain a collection agency license and to maintain a $5,000 surety bond. The activities of collection agencies are subject to state regulation and oversight. Your association should ensure that any individual or entity that it uses to collect delinquent assessments […]
Q&AZ: How Are HOAs Formed And Regulated? (AZ)
About one third of Arizona’s housing stock is in a community association, which means almost two million Arizonans are connected a home-owners or condominium association. KJZZ listener Michele wanted to know more about these associations, and asked via Q&AZ. Read the article…………………
Makes sense HOA should follow dog breed laws (NV)
Q: I know of Nevada Revised Statute 202.500. In short: 6. A local authority shall not adopt or enforce an ordinance or regulation that deems a dog dangerous or vicious based solely on the breed of the dog.Read the Q&A…………………..
Landscaper Overcome By Mower Fumes At Washington Township Condo Complex Dies (NJ)
A 26-year-old landscaper died after he and a co-worker were overcome by lawnmower carbon monoxide fumes Tuesday morning in a trailer in Washington Township, authorities said. There was no word yet on the second victim’s condition. Read the article………………….
Appeals court upholds lower court decision in dispute over Heron’s Landing condos (FL)
A Florida appeals court has affirmed the decision of a lower court in a dispute over the condition of condominium units in Jacksonville. “Appellant contends that the trial court erroneously admitted extrapolation evidence and erred in failing to grant its motion for a directed verdict,” the First District Court of Appeals in the State of […]
Amending Rules: Updating Bylaws and House Rules to Fit Your Community (NY)
Co-op, condo and HOA boards are tasked with a great many responsibilities – including determining and promoting both the day-to-day and longer-term interests of their residents. That’s a tall order, and it’s largely achieved through the implementation of rules and regulations designed to serve those interests while prohibiting activity that could be detrimental to the […]
Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court
Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association v. Champion Aluminum Corporation, 2018 IL 122022 (December 28, 2018). Read the article…………………..
Estoppel Certificates Explained (FL)
Q: Our small condominium is self-managed. We recently received a letter from a title insurance company telling us we are required to give them an “estoppel letter” within the next ten days. No one on our board knows what that term means. We did some internet research and see that it involves closings. Can you […]
Can condo association borrow money for renovations without membership vote? (FL)
Q: Our condominium association just borrowed over $1 million to renovate the common lobby and amenities. This was done without a membership vote. How is this possible and how do we repay the loan? Read the Q&A………………….
When can a board hold a closed meeting? (FL)
Q: Our homeowners association (HOA) board called a private board meeting for personnel issues. The meeting was held to discuss an email a director sent by mistake to the general manager. Read the Q&A………………….
More Venice condos tested for radon (FL)
In late November the Gondolier Sun^p reported a condo unit had tested positive for high levels of radon, a naturally occurring gas that can cause cancer. Since then, three more units have found radon, and perhaps more. Those condo owners have joined the call for a meeting with the HOA and management firm to argue […]
HOA Homefront: Frozen out directors
Our board established an executive committee consisting of three board members, excluding the two remaining board members, under Corporations Code Section 7212. Later, one of the non-executive committee board members sold his condominium, and the executive committee appointed a replacement board member. There are four remaining board members; three on the executive committee and one […]
Clearing guest parking spaces (IL)
Q. It is very difficult for our snowplow contractor to remove snow from the common element guest parking spaces in our condominium. Can the board of our condominium association prohibit parking in guest parking during the winter months? Read the Q&A………………….
New Condo Boards Need to Address Building Flaws Quickly
One of the most common challenges for fledgling condo boards in newly constructed buildings is dealing with the structure’s physical flaws, from cracks in the foundation to leaky windows and roofs, and worse. When seeking relief from the sponsor, time is of the essence because courts have held that the statute of limitations for a […]
Homeowners in Brighton development on Erie Canal sue beleaguered Costello (NY)
The homeowners association at the Reserve filed suit against the developer this month, another step in the decline of the would-be exclusive development on the Erie Canal in Brighton. As the Democrat and Chronicle reported in October, the ambitious $180 million, 327-unit development has floundered after the death of developer Anthony Costello in March 2016. […]
8 Secrets to a Successful Audit
From serving as a formal method of checking financial methods and procedures, to identifying accounting weaknesses and correcting financial problems, an audit is an extremely important step in fulfilling a board’s fiduciary responsibility for the financial prosperity of an association. The following are eight secrets to conducting a successful audit. Read the article……………………
HUD Resolves Disability Discrimination Case Complaint Against Condominium Association in New Jersey
Last week, the U.S. Department of Housing & Urban Development (HUD) issued a press release to announce it resolved a disability discrimination case in November 2018 filed against a New Jersey age 55 and over condominium association involving claims that the condo association violated the Fair Housing Act (FHA) by refusing to sell a couple […]
HOA Homefront: How do you handle a disruptor who’s also a director?
Q: I’m currently on my HOA board. The president is constantly rude, slandering other board members and basically being disrespectful. I am wondering what course of action a fellow board member has to get him under control. This is really uncomfortable and a hard issue to deal with and he is just being a tyrant. […]
Verrado HOA tells resident to park work truck elsewhere (AZ)
A Verrado man may be forced by his HOA to move or quit his job. Tim Andersen, an air conditioning and plumbing technician, is expected to receive and attend to calls quickly and efficiently so he takes home his 10-foot-tall work truck and parks it in his driveway. He’s ready when customers call. Read the […]
5 Resolutions to Make You A Gold Star Member in Your HOA
If you regularly attend board meetings, pay your HOA fees on time, volunteer on a committee, and read the monthly newsletter, you may already be an all-star member in your homeowner’s association. But if you find that you aren’t consistently doing those things, then the new year is a great opportunity to start. Below are […]
What is a Horizontal Property Regime? (TX)
A Horizontal Property Regime (HPR) is a zoning policy which essentially allows for two new houses to be built on a piece of land that was previously zoned for just one house. This results in tall, narrow houses, either attached or separated by mere feet. HPRs were created to accommodate the rising number of people […]
Condo Year in Review: Top Five Decisions of 2018 (ON)
Well, we’ve done it! Congratulations to all on making it through another year. As we approach the end of 2018, there can only be one thing on your minds: the countdown. No, not the New Years countdown, the countdown of some of our favorite 2018 condo decisions of course! Read the article…………………
Bahamas: $42m Damages Warning To Hotel Condo Owners
Old Bahama Bay’s condo owners could be exposed to a $42m-plus damages claim for alleged “tortuous interference” with the resort’s sale as part of the former Ginn project’s $2.8bn revival. Amy Wilde, an executive with Lubert Adler, the Grand Bahama resort’s owner, said its attorneys had advised that the condo owners’ company, Island Ventures Resort […]
Preventing Bad Things From Happening (ON)
There is no shortage of stories about bad things happening in condo buildings. Many times the bad things are exaggerated, misrepresented or manipulated for personal benefit. Believing much of this can lead to a perception that condo corporations are run by incompetent or evil people. This is not even close to the reality of condo […]
Judge makes recommendations about motions in Hunters Run condo association case (FL)
A judge in the U.S. District Court for the Southern District of Florida recently recommended granting parts of motions filed in litigation between a real estate agency and two property owner associations over condominium properties in the Palm Beach County community of Hunters Run. Read the article…………………..
Legal fireworks breaking HOA rules near Katy (TX)
Legal fireworks used around homes near Katy have people packing bags and booking hotel rooms. Though the explosives violate homeowner association deed restrictions, HOA leadership feels powerless. Read the article……………………
NYC Issues Violations to Condos and Coops because of Illegal Short Term Rentals
Here are 3 violations issued by NYC to the Farragut Gardens Condominium at 538 East 86th Street in Brooklyn, because of short term rental violations. In that condo, just 1 unit was short term renting. The NYC Office of Special Enforcement is issuing violations to condominiums and cooperatives because of short term rentals. Indeed, NYC […]
Major changes coming to SC HOA laws in January!
There have been multiple attempts by the South Carolina Legislature over the years to enact laws concerning planned communities and homeowners’ associations (“HOAs”). Unlike North Carolina, until recently South Carolina had no laws for planned communities other than one pertaining to horizontal properties (condominiums). This year, legislation dealing with planned communities was finally adopted by […]
James Island condo tenants scramble after unsafe floors force them out for Christmas (SC)
Construction crews told ABC News4 that 16 workers are at the Peninsula Condominiums trying to shore up these structures. Sources say the problem is affecting the floors. We were invited to one of the condos to check out the damage. Renter Jessica Matthews showed us where her floor dipped and slanted. Read the article…………………
Statesville neighbors battle massive sinkhole (NC)
Neighbors in Statesville have been dealing with a massive sinkhole for months, and it’s only getting worse. The sinkhole is now about ten feet wide and at least 15 feet deep. Read the article………………..
The Drones Are Coming!
In addition to rappellers on ropes and bucket trucks on telescoping arms, there’s a third alternative to conventional scaffold drops when performing a mandatory building facade inspections: drones. Read the article………………….
FCC Regulations for Satellite Dishes
In 1996, the FCC adopted the Over the Air Reception Device Rule, or OTARD rule. In short, the OTARD rule prohibits homeowners’ associations and condominium associations from placing restrictions on residents which impede the installation, maintenance, or use of satellite dishes, TV antennas, or wireless cable antennas. Read the article…………………..
Singapore: 22 owners’ bid to keep fixed awnings at EC rejected
Faced with the prospect of killer litter falling into the private enclosed space of their ground-floor units, 22 owners applied to the Strata Titles Boards (STB) for an order to allow fixed metal awnings to be erected. Read the article………………..
Eagle River condo residents fear for their homes’ post-quake future (AK)
Eight red signs were attached to eight garage doors in a quiet cluster of duplex condominiums at the bottom of the Eagle River Valley shortly after a magnitude 7.0 earthquake on Nov. 30. “UNSAFE,” read each of the eight cards, placed on the homes by Municipality of Anchorage building inspectors. “DO NOT ENTER OR OCCUPY.” […]
The Rhode Island Condominium Act And Unit Owner Unanimity: Intra-Condominium Litigation Waiting To Happen
Both Condominium board members and unit owners should be mindful of limitations placed on them via the Rhode Island Condominium Act through requirements that unanimous unit owner approval be obtained before a condominium’s declaration is amended in specific circumstances. A condominium’s “declaration” is the document recorded in a municipality’s land evidence records in order to […]
Board Members must Watch their Treasurers (NY)
We’ve seen it time and time again. Association treasurer steals from organization. It happened again in Ohio where a condo treasurer made 48 withdrawals from the association’s account into his personal account from 2016 to 2017. It was not until this year that the board members realized what was going on. Here’s more. Read the […]
Boards Sometimes Need a Do Over (NY)
New York Courts sometimes take hard positions on lawyers which can significantly impact their condo, coop and other board clients. Clients sometimes need a “do over” and if they wait too long, they may be trapped in the attorney-client relationship with fees spiraling out of control. Seeking independent advice early on can give boards the […]
Associations have to Assert Affirmative Defenses or They’ll be Waived (NY)
It is critical that defense counsel review all affirmative defenses with their clients to assure there aren’t any affirmative defenses available. If you don’t raise the affirmative defense in the first responsive pleading (i.e., the answer to the complaint or motion to dismiss the complaint) then the affirmative defense will be waived as a matter […]
Case Law: Artus v. Gramercy Towers Condominium Association (CA)
The Association sought to amend its bylaws to eliminate cumulative voting. The Association’s Board distributed the secret ballots and sent a two-page letter soliciting membership support for the proposed amendment and providing the Board’s rationale for the amendment. The Association also posted neutral notices in the elevators urging members to vote. At the time, the […]
Owner wants sidewalks pressure washed as scheduled, but budget may not allow it (FL)
Q: Our board approved a schedule to pressure wash the sidewalks. Because of budget constraints, we want to modify the schedule. An owner is demanding that we pressure wash the sidewalk in front of his home now and claims that the board can’t change the schedule after the board meeting. What is the board’s authority […]
Board intends to borrow to pay property manager (IL)
Q. We are currently a self-managed condominium association. The board of our condominium is approving hiring a professional property manager for 2019 at an upcoming board meeting. The management expense is not in the 2019 budget, and the board does not anticipate there would be any available operating funds to pay the management fees in […]
HOA Homefront: When the disruptor is a director!
Q: I’m currently on my HOA board. The president is constantly rude, slandering other board members, and basically being disrespectful. I am wondering what course of action a fellow board member has to get him under control. This is really uncomfortable and a hard issue to deal with and he is just being a tyrant. […]
Does The Business Judgment Rule Extend To A Board Interpretations? (CA)
The California Supreme Court has adopted a rule of deference to most decisions made by community association boards: “Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercises discretion within the scope of its authority under relevant statutes, […]
Vista Valencia Golf Course to remain a golf course, owners say (CA)
The owners of Vista Valencia Golf Course want the pastoral property next to the quiet Fairways neighborhood to remain in operation as a golf course, even though the property is up for sale. The owners — American Golf Corp. — hope to find a buyer willing to keep them on to manage the golf course. […]
Requirements would make contracts stronger (FL)
Q: We were recently advised that all of our contracts should include a requirement that the vendor’s insurance be primary insurance. What does this mean? Read the Q&A………………………
Homeowner fights HOA over RV parking (NV)
Q: We live in a homeowners association-run, non-gated community in Henderson. Our roads are maintained, repaired and cleaned by the city, and our HOA dues cover cost of common area landscaping and maintenance. We have a recreational vehicle that we store off-site and bring home 24 hours before we leave on trips. This is to […]
Condo association accused of numerous misdeeds; attorney says behavior is the norm (FL)
A condominium improvement association is being sued by numerous residents for breach of contract and breach of fiduciary duties. According to NWF Daily News, the Holiday Isle Improvement Association in Destin was sued Dec. 4 after allegedly committing breach of contract, among other allegations. The lawsuit states that since 2016 the group has not had […]
Timetable for Implementation of Strata Titles and Community Titles Reforms (WA)
The Strata Titles Amendment Act 2018 and the Community Titles Act 2018 passed through the Western Australian Parliament on 1 and 6 November 2018 respectively. These Acts represent over 10 years of industry and community consultation by government, for significant reforms to strata and survey-strata titles and to introduce the new form of community title. […]
HOA Homefront: ‘Twas the night before (the HOA’s) Christmas”
‘Twas the night before the HOA’s Christmas, and all through the community Read the article………………..Not a complaint was heard, there appeared just pure unity;The thank-you notes were placed by the bulletin board with care,In hopes the board and manager would soon see them there;