With so many Americans living in communities that are managed by HOAs, the need to improve management efficiency and effectiveness is greater than ever, and HOA members expressing a lack of communication or functionality is common. Incorporating automation into your HOA solutions can alleviate this frustration, improve resident-board relations, and add some cost effective measures […]
CAT rules on access to proxies (ON)
The CAT (Condominium Authority Tribunal) has released another important decision on the right of owners to access records. Cangiano v. Metropolitan Toronto Condominium Corporation No. 962 is a dispute over the owner’s right to receive “legible and unaltered” copies of the proxies used at the AGM. The condominium refused to provide unaltered copies because the […]
Abusive Owner Ordered by Court to Sell Condominium (ON)
In a recent case, PSCC No. 984 v. 8465361 Canada Limited, an abusive owner of a commercial condominium unit was ordered by the Superior Court of Justice to vacate and sell his unit. Read the article………………
What is a Contest of Lien, and How Does My Association Respond To It? (FL)
You’re the President of a condominium association or an HOA. You’ve had a problem owner for years—someone who doesn’t pay his assessments. Or when he does, payment is late and he incurs penalties and interest, and then later fights those penalties and interest. The owner is basically a drain on the association’s budget and time, […]
Responsibility for Repairs Whose Insurance Pays? (NY)
There’s an old adage that ‘insurance is for pessimists’ – but that’s very much not the case. In the world of home ownership, and especially in shared communities, proper insurance is a critical factor in protecting not only your most important asset – your home – but also your pocketbook and your neighbors’ pocketbooks. It’s […]
Assistance Animals and the ADA: What Community Associations Ought to Know
Many may recall the recent story about the airline traveler seeking to bring an emotional support peacock (Dexter) on board an airplane. While the story received much national publicity, the reality appears to be that assistance animals and emotional support animals are becoming more commonplace in everyday life. Stories such as Dexter’s present some interesting […]
Association Myths Debunked: Emotional Support and Service Animals
Property Managers and Board Members oftentimes ask how to adequately handle matters involving Emotional Support Animals (“ESA”) and Service Animals. This issue typically arises within Associations with a “no dog” or “no pet” policy when an individual requests an accommodation to these policies for an ESA or Service Animal. Given the heightened sensitivity needed for […]
Recap of new HOA laws and effective dates (FL)
Q: Thank you for the condominium update a few weeks ago. We understand there are new laws impacting our homeowners’ association (HOA), as well. Would you please recap the changes we need to know about? Read the Q&A……………
Failure to Hold Formal Homeowner’s Association Board Votes Dooms Two Charlotte HOAs (NC)
There are times in the practice of homeowners’ association law when courts make rulings with which we as attorneys disagree but where an underlying principle or best practice is affirmed. A prime example is the N.C. Court of Appeals’ opinion of November 1, 2016 in the case of Willowmere Community Association Inc. and Nottingham Owner’s […]
5 Reasons Your Association Needs a Business Plan
Being selected to serve on the Board of Directors is a great compliment from your neighbors, but it’s also a significant responsibility. In every role on the board, you must act on behalf of all who have appointed you as the decision maker for the community. But, when you consider the various needs, conditions and […]
HOA Living: How to Read Your CC&RS
Your community’s CC&Rs (Covenants, Conditions & Restrictions) are probably 100+ pages packed with legal-sounding jargon. It can be a lot to get through. If you just moved into a community—or decided to finally crack open your governing documents after living in an HOA for awhile, here’s some good news: there are really only two main […]
Knowing the Signs…Election Times (ON)
When you think of an election what comes to mind? In my experience, an upcoming election means preparing for the barrage of campaign advertising, door-to-door canvassers, and social media posts from your relatives and friends that have questionable fact checking. A significant contributor to the visuals of an election are the seemingly inescapable candidate signs […]
Federal Court Ruling Vacates Hail Claim Appraisal Award, Highlights Appraiser Abuses (CO)
A recent decision by a Colorado federal appeals court could have significant impact on hail claims and appraisals across the country. Copper Oaks Master Home Owners Association v. American Family Mutual Insurance Co. involves a claim of hail damage that led to a dispute regarding damages. Read the article………………
Going Green: Installation of Electric Vehicle Charging Stations in Condominium Parking Areas
Florida is blessed to have abundant, beautiful natural resources: beaches, rivers, lakes, wetlands, and forests. The Florida legislature has adopted multiple laws aimed at protecting the state’s environmental resources through conservation and promotion of clean energy. In furtherance of this policy, on March 23, 2018, Governor Rick Scott approved House Bill 841 amending Chapter 718, […]
CAI Blog Series: U.S. Constitution, Tenth Amendment
The First and Second Amendments to the U.S. Constitution get a lot of attention. Freedom of religion, speech, and the press, as well as the right to bear arms are no doubt important. However, it got me thinking: Why don’t we talk about the other amendments as much? Wait, what are the other amendments? Sure, […]
Goldilocks Approach: Hoping to Keep Grass Green and Water Waste Down (AZ)
Jose Alvarez, a supervisor at R. H. Dupper Landscaping, stood up from changing a sprinkler nozzle on a large grassy field at a homeowner’s association (HOA) in Chandler, Arizona. He surveyed the turf, a patchwork of green and brown. “It looks terrible,” he said. “The sprinklers, they don’t have enough pressure, and they spray, like, […]
Federal Laws Do Apply to Homeowner Associations
This brief summary is intended to acquaint you with the major federal laws that affect homeowner associations. For authoritative information on these laws, you should consult your state statutes and regulations, or your Association attorney. Read the article………………
Greening the city from the top down (NY)
When storm clouds gather, 62 square miles of roofs keep us dry in New York City. Unfortunately, most of the dozens of inches of rain that hit New York each year cascades into our gutters, swelling sewers and often causing raw sewage to pour into our waterways. The city is failing to take advantage of […]
The world’s first “high-tech eco village” will reinvent suburbs
A half-hour commute from Amsterdam, a piece of farmland is slated to become a new kind of neighborhood. Vertical farms, along with traditional fields and orchards surrounding homes, will supply food to people living there. Food waste will turn into fish feed for on-site aquaculture. Houses will filter rainwater, but won’t have driveways. A “village […]
Parity Act Options Open Despite Removal from Defense Authorization Act Conference Report
ARRL Hudson Division Director and ad hoc Legislative Advocacy Committee Chair Mike Lisenco, N2YBB, says removal of Amateur Radio Parity Act (HR 555) language from the National Defense Authorization Act (NDAA) Conference Report this week was unfortunate, but does not kill the initiative. The Parity Act would ask the FCC to grant radio amateurs living […]
Putting the Puzzle Together Regarding Insurance Coverage and Exclusions (FL)
In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? Read the article………………
What Did You Say?
In the community association world, it is fundamental for board members, managers and decision-makers to have good communication skills in order to succeed. Such skills are important in any business, but in community associations where membership and dues are mandatory, good communication is critically important. Read the article………………
There’s a Membership Meeting in my HOA, Where Does the Notice get Mailed?
It is commonly understood that membership meeting notices are mailed to members in addition to being conspicuously posted. The address used has historically been either the property address in the community or an alternate address provided by the members. Effective July 1, 2018 however, the address to be used takes on a new characteristic for […]
A Fairy Tale About a Co-op Full of Happy People (NY)
It sounds like a fairy tale, except it didn’t happen once upon a time; it’s happening right now. And it’s not happening in a galaxy far, far away, but right here in New York City, in a Lenox Hill co-op at 401 East 65th Street. In this 137-unit, 16-story building, the shareholders routinely applaud the […]
Fair Housing Center claims Palm Beach condo association, property management agency discriminated against families
A fair housing advocacy group is suing a Palm Beach condominium association and property management agency, claiming their policies about how many people can live in their units are discriminatory and violate the Fair Housing Act. Fair Housing Center of the Greater Palm Beaches, a nonprofit based in Lantana that claims to work to eliminate […]
Before and After the Flood
Whether you are a homeowner or renter, it is important to be prepared before and after a flood occurs. An up-to-date household and property inventory will help properly document your losses. Create a family disaster plan. The plan should include a place to meet in case you are separated from one another and list an […]
Survey your Owners Before you Adopt a Rule on Tobacco and Cannabis (ON)
We have help quite a few condominium corporations pass rules dealing with tobacco and cannabis. Systematically, the single most important question faced by boards is: What rule would be acceptable to our owners? Fear not, we have developed a tool which will allows you to get a timely and accurate reading on your community’s views. […]
Community Golf Course? Some Things to Consider
“Golf” communities have historically been amongst the most popular specialist recreational communities. In the 1990s, many communities were developed around golf courses, and buyers would pay a premium. However, golf lacks the popularity it once had, and associations have to consider what they are going to do as the number of rounds diminishes, and the once […]
Cyber Security for HOA Communities
In this modern age where nearly everything is done electronically, it’s important to have a cyber security plan in place for your HOA. As a board member, you’re responsible for safeguarding the information of all residents in your community, and it’s essential for you to have both an official cyber policy and an emergency plan […]
Talking ‘Bout Your Generations
Four distinct generations—matures, baby boomers, Gen Xers, and millennials—own homes in community associations and are in today’s workforce. The mix of characteristics and diverse workstyles of these generations has the potential to lead to miscommunication and discord. It’s little wonder board members and managers are looking for guidance on how to create more compatible and […]
Malaysia: New ruling sees high-rise quit-rent charged to unit owners
JOINT management bodies (JMB) and management committees of stratified buildings in Shah Alam were briefed on new individual quit-rent in Selangor during a seminar. The individual quit-rent replaces the quit-rent charged to JMBs of stratified buildings on June 1. Instead of billing the building management, the Selangor Land and Mines Department will charge the quit-rent […]
Judge Calls Seward Park Co-op’s Legal Fees “Highway Robbery” (NY)
A Manhattan judge has slashed law firm Greenberg Traurig’s fee request by 62 percent – from $464,164 to $175,000 – in a lawsuit brought by Seward Park Cooperative shareholders against the co-op board in a dispute over the co-op’s parking operation. Read the article………………
Question of the Day: Should you be able to smoke pot in your Calgary condo? (AB)
Some condo corporations in cities across the country are scrambling to enact rules that would ban pot smoking inside units, on balconies and in common areas used by residents. Read the article………………
Pool And Playground Legal Check Up In Your HOA
With summer here, it’s time to make sure that your pools and playgrounds are legally ready for action. With the proliferation of lawsuits and regulations, there are sound reasons for doing a legal checkup. Read the article………………
Carbon Monoxide Killed 2 People In A Condo. An Insurance Policy Exclusion Barred Coverage Of The Resulting Lawsuit (FL)
A federal district court in Florida has ruled that a pollution exclusion in an insurance policy issued to a homeowner’s association precluded coverage of a lawsuit seeking damages for the death of two people in a condo unit caused by carbon monoxide poisoning. Read the article………………
The Unstoppable Rise of the Emotional Support Animal (NY)
A shareholder at a pet-free Manhattan co-op assumed that the dozen dogs in the building were service animals, vetted by the management company’s lawyers – but was shocked to learn they’re emotional-support pets. Why is the co-op obligated to accept animals that are not licensed service dogs despite its no-pets policy? Read the article………………
Duties, Standards of Conduct, and Liability of Directors in North Carolina Condos/HOAs
Congratulations! You’ve just been elected to your HOA/condo association board of directors. Your new position shows your fellow members respect you and trust your judgment. By the way, did anyone describe your duties or mention that you could be financially responsible for actions? Read the article………………
Put That Budget Surplus to Work (NY)
Having too much money is a problem most co-op and condo boards would love to have. But it’s important to deal with a windfall wisely. In the past, if a co-op showed a profit in a given year, it would be able to offset that with depreciation. But we’re reaching the point in 2018 where […]
Navigating the new process for requesting records (ON)
As of Nov. 1, 2017, there is a new process under the Condominium Act, as amended, for making and responding to records requests in condo corporations. Requests for records must now be made in writing using mandatory forms, and people requesting records are no longer required to give the condo corporation a reason for their […]
Top 5 Ways to Avoid Board Member Burnout
It’s a great compliment to be selected to serve as a board member for your community association, but it’s also a big responsibility. From meetings to budgeting, the role of a board member is extremely robust, and when just a handful of people are the designated decision makers for an entire community, it can be […]
The Main Provisions of a Financial Management Agreement for a Condo Community or Home Owner Association (HOA)
So you decided to have a company help your board perform the monthly accounting tasks to operate your community. The commencement of this service is documented with a Financial Management Agreement. The agreement will help explain what tasks will be performed, when they will occur and what they will cost. The more information included in […]
A Deck Up on the Roof Can Get Complicated
Life is more complicated than it used to be. Back in the day, when you wanted to put a roof deck on your building, you just hired a contractor and he came and put a surface on top of your roof so that people could walk on it. It might be wood, it might be […]
Budgeting Tips for HOA Boards
It’s hard enough to manage personal financials, with medical expenses, home and car insurance, mortgages, etc. So, how should you, as a board member, best tackle the finances of an entire HOA, especially when your term on the Board is comparatively short compared to the financial history of the HOA you’re in charge of managing? […]
Judge: Illinois condo law not meant to control ‘reasonable’ fees for electronic condo sale documents
A Chicago federal judge has tossed a putative class action lawsuit by a trio of onetime suburban condominium owners, who alleged they paid excessive fees for state-required documents when they sold their units, saying Illinois condo laws are not meant to control fees. The July 16 ruling was laid down by U.S. District Judge Manish […]
First decisions issued in condo records disputes (ON)
Condo corporations that reject records requests without a legal basis to do so may face penalties. Unit owners that file vexatious applications may see their complaints tossed out without a hearing. And industry members might be overestimating what constitutes reasonable fees for locating and redacting records. These are some of the early signals coming out […]
Nevada Courts Provide Additional Guidance on HOA Super Priority Lien Law for Lenders
As we’ve discussed on this blog before, Nevada’s courts remain a battleground for lenders seeking to establish that their security interests were not eliminated by homeowners’ association foreclosure sales under NRS 116. In recent weeks, the Ninth Circuit and Supreme Court of Nevada have issued new opinions providing more guidance to ultimately resolve those issues. […]
The Business Judgment Rule: A Shield for the Community Association Board Member and Directors (FL)
Disputes between community associations and their members are common. These disputes may evolve into lawsuits. In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages. Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty. […]
HOA Resolutions and Your Board
The governing documents are in place to give your board a solid reference and a basis for every decision that is made during meetings. However, sometimes these documents can be ambiguous, outdated, or incomplete. One of the board’s main responsibilities is creating resolutions to solve these basic problems and to keep your association running smoothly. […]
Singapore: Condo Management Fined For Slow Action On Leaking Pipe
Singapore’s Public Utilities Board (PUB) announced on Wednesday (18 July) that it has ordered the management of the 47-unit Nicon Gardens in 65K Choa Chu Kang Road to pay a $2,000 fine for failing to fix a leaking pipe there in a timely manner. In the evening of 28 June, the agency was informed that […]
Malaysia: Strata management tribunal – Classification of claims
A claim that is filed with the Strata Management Tribunal (SMT) may be classified either for negotiation or for hearing pursuant to the Strata Management (Strata Management Tribunal) Regulations 2015 (SMT Regulations). The term negotiation is defined by BusinessDictionary.com as bargaining (give and take) process between two or more parties (each with its own aims, […]