The New Jersey Supreme Court on Tuesday ruled that a woman injured when an elevator door repeatedly opened and closed on her does not have to present expert testimony to prove negligence. Justice Barry Albin, writing for a unanimous court, said the res ipsa loquitor doctrine, meaning “the thing speaks for itself,” applies in a […]
Community Associations Seek Guidance and Clarification on HUD’s Third-Party Harassment Rule
Earlier this month, CAI sent a white paper to the U.S. Department of Housing and Urban Development (HUD) seeking guidance and clarification for community association board members related to the Sept. 2016 rule titled, “Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act.” When it was […]
Why Condo & HOA Management Companies are Unresponsive
I hear it all the time: “my community manager is unresponsive or a poor communicator” or No one at the management company picks up the phone or calls us back!” The first bad omen of poor service is that when you call your manager the phone goes to a voicemail box. When I owned a […]
Kass: Do All HOA Rules Have To Be Enforced?
Question: I live in a condominium complex where there is no enforcement of the “house rules.” I have noisy neighbors, neighbors with three cars (for their two-person, one-bedroom condo), neighbors who erect anything and everything on the common elements. The Board of the Association does not appear to be doing anything about these qualities of […]
One Lapsed Homeowner’s Policy Can Swamp a Building (NY)
If you live in a condo or a co-op, at some point you’ll probably be required to buy a homeowner’s insurance policy, also known as an HO6 policy. What you may not know is that there are many people who don’t have active homeowner’s insurance policies. How can that happen? Read the article………………
Singapore: Condo fined $2,000 for not repairing pipe that leaked enough water to fill 1½ Olympic-size pools
The management of Nicon Gardens condominium was fined $2,000 for failing to repair a service pipe despite notices, national water agency PUB said in a statement on Wednesday (July 18). The pipe leaked for about four days, resulting in 4,000 cubic m of water being lost. This is enough to fill 1½ Olympic-size swimming pools, […]
Making Cost-Cutting A Priority In Your HOA
Many homeowner associations find it challenging to accumulate the funds they need to provide a reasonable level of services and maintenance. Simply keeping up with inflation currently calls for a 2-3% annual increase in revenue. But fighting inflation can be easy if the board makes cost-cutting a priority. Start by identifying the high-ticket items. Read […]
Is a Homeowners Association Required to Install and Maintain AEDs? (CA)
The issue of whether or not a homeowners association is required to install and maintain an automated external defibrillator (“AED”) on-site is a question that has not been directly addressed by California courts. As a result, many community members and Board of Directors (“Board”) seek legal guidance and clarity as to the same. In particular, […]
Vexatious Litigant Seeks Decision from Condominium Authority Tribunal (ON)
In a prior blog post, we reported about a condominium unit owner who was determined by a court to be a vexatious litigant. The court ordered that the owner was prohibited from initiating or continuing any action, application, motion or proceeding in any court against the corporation, its employees, board members, property manager and solicitors […]
Should Condo Owners be Able to Get Information About Other Owners? (ON)
We are often asked whether condo owners are entitled to get the list of names and addresses of the other owners. Some feel that owners should be able to know who the other owners are and should be able to communicate with them. Others are concerned that such disclosure may infringe on the privacy of […]
The B.C. Court of Appeal Weighs in on Strata Wind-Ups
The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act”). This is the first appellate decision to consider this aspect of the Act. It is an important decision because the court confirmed the […]
Oops! Who’s on the Hook for Eight Years of Unbilled Fees? (NY)
Most co-op and condo boards rely on the vital income from various fees – for parking, sublets, and the storage of bikes and other belongings. But at a tight-knit, 15-unit co-op in Manhattan, the board recently discovered that one shareholder has never been charged for his storage space, which costs $40 a month. His eight […]
Kushner Companies hit with $10M lawsuit over Williamsburg condo conversion (NY)
The Cuomo administration has directed its tenant protection unit to investigate the allegations of tenant harassment at Austin Nichols House. “Governor Cuomo has zero tolerance for tenant abuse of any kind and we will aggressively take on landlords who try to intimidate people out of their homes,” said RuthAnne Visnauskas, the Commissioner of the New […]
Terms Every HOA Board Should Know
As a volunteer member of an HOA board, you are bound to encounter terms or situations that are unfamiliar to you. Much of the time, you’ll be able to learn as you go, picking up new terminologies, ideologies, and ways of handling different situations. However, there are some terms that you should be familiar with […]
Condo association says Galla Group did not properly fix roof
A condo association is seeking damages for a roof that was allegedly damaged and not repaired. Metroview Condominium Association filed a lawsuit July 12 against Gerardo Gallardo, doing business as The Galla Group, and The Galla Group LLC in the 24th Judicial District Court, alleging that the defendant failed to properly complete the work on […]
4 ugliest ‘condo MCST vs resident’ fights in Singapore history
We get it, sometimes condo residents get frustrated at their management corporation (MCST), and vice versa. Most time these conflicts result in a bunch of angry emails, questionable legal threats, and a lot of eye injuries (from eyeballs rolled so far back they get stuck). Once in a while, however, disputes between condo MCST and […]
Disputes Over Signs and Flags in Your HOA (NC)
Few topics or disputes can get as emotionally charged as when a homeowners association tells a homeowner that they cannot display a sign or flag in their yard. Often these outward signs are expressions of beliefs which are at the core of these homeowners passions, but exactly opposing those of others, and the resulting arguments […]
First Lessons from the CAT
Earlier this week the Condominium Authority Tribunal (CAT) released its first five decisions. The CAT only has jurisdiction over record disputes at this point in time so all five decisions relate to records. The cases are available on CanLII should you wish to read them in full. Here are the highlights: Read the article………………………..
Do You Know Your Fireworks Laws? (FL)
It’s time once again to celebrate the 4th of July! Millions of people will celebrate Independence Day throughout the country. Often times, the first thing people think of when picturing a 4th of July celebration is fireworks. While fireworks are very enjoyable to watch, there are some important things to keep in mind. Read the […]
Court denies condos’ request to throw out PWS Environmental lawsuit (FL)
A Florida federal court denied a request by a group of condominium associations to dismiss an $800,000 lawsuit filed by a pressure washing company. Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled the condo associations did not produce enough evidence that PWS Environmental Inc. did not state […]
Malaysia: Maintenance fees and inter-floor leakage top cases in Strata Management Tribunal
ases related to maintenance fees collection and inter-floor leakage top the list of claims filed by house owners to the Strata Management Tribunal (SMT), said Ministry of Housing and Local Government (KPKT) senior legal officer Roshan Karthi Kayan. He said the majority of the cases are related to these issues, but he did not share […]
New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a review of the complaint to assess the allegations; a review of […]
Homeowners Will Pay The Price For A Backyard Golf Course, One Way Or Another
Most everyone is familiar with the term “dead mall” to refer to a shopping center that has become stagnant and lost its anchors and many of its tenants. Now, suburban America is experiencing a new death right in their own backyards, one that is arguably much more difficult to address — and homeowners will be […]
Distinguishing Communities: An Overview of Condominium Associations, Common Interest Community Associations, Master Associations, & Cooperatives (IL)
Whether you are an experienced homeowner or a first time buyer in a community administered by an association, it is important that you understand the laws that effect how your association is maintained. Specifically, while you may have heard of the Illinois Condominium Property Act, the Common Interest Community Act, and the Illinois General Not […]
What Happens When Members Don’t Follow the Architectural Guidelines? (CA)
You’re a board member of a lovely homeowner’s association. On most days as you drive through your community you wave at fellow neighbors, share a friendly smile with passersby, and enjoy the neat landscapes and well-kempt houses. This particular day seems to be no different. The sun is shining. The birds are singing. You appreciate […]
Kass: When Disaster Strikes: What Is An Emergency In Your HOA?
Question: I am the President of our 98 unit condominium. Every so often, (and usually in the middle of the night) I get a telephone call from a unit owner (or our property manager) telling him that something has happened that needs immediate approval. For example, the other evening during a heavy thunderstorm, all the […]
9th Cir. Holds Judicial Foreclosures Are Debt Collection Under FDCPA
A panel of the U.S. Court of Appeals for the Ninth Circuit recently held that a law firm’s effort to collect homeowner association (“HOA”) assessments through judicial foreclosure constitutes debt collection under the federal Fair Debt Collection Practices Act. In so ruling, for purposes of whether activity constitutes debt collection under the FDCPA, the Court […]
It’s Now Easier to Preserve HOA Restrictions… for Some (FL)
Last year, I wrote an article warning homeowners’ associations (“HOAs”) that the enforceability of their covenants and restrictions (“Covenants”) may be affected by the Marketable Record Title Act (“MRTA”). In simple terms, MRTA can eliminate the effectiveness of recorded Covenants if they haven’t been preserved within 30 years from when the covenants and restrictions were […]
New Tribunal Rules on Owners Accessing Condominium Records
Six months after its inauguration, the Condo Administrative Tribunal is issuing its first decisions. For now, the Tribunal’s jurisdiction is limited to disputes related to condominium records. In this post, we explore what we can learn from the first 5 decisions of this new tribunal. Read the article………………….
6 Rules Registered Property Management Companies Must Follow To Remain Compliant With The Ontario Condo Act
Before recent changes to the Ontario Condominium Act, there were no legal requirements governing the conduct of property management companies in Ontario. But incidents of fraud and mismanagement against property owners were a growing concern over the decades, and with the explosive growth of new condominium developments in the province – with 61,337 units under […]
Is There a Home for Short-Term Rentals in Community Associations?
The use of online platforms that facilitate short-term rentals has exploded in popularity over the past decade. Websites like Airbnb and VRBO connect property owners or “hosts” with guests to arrange the listing and booking of homes for long weekends, summer breaks, and more Since its launch in 2008, Airbnb has earned more than $3 […]
A Reserve Study Takes the Long (30-Year) View
A reserve study is a budgeting tool that helps boards plan for the replacement of all of the common-area components when they reach the end of their useful lives. These include mechanical systems, roofing, facades, and parking decks, all of which will ultimately need to be replaced over the course of a 30-year period. When […]
Can a Michigan Condominium Ban Solar Panels
Approximately 25 states have adopted some form of a solar access statute that makes it illegal for condominium bylaws to contain a provision that completely bans the installation of solar panels. There are approximately 15 different states that have adopted solar easement statutes that uphold the validity of contractual easements for solar access. A full […]
Smart Strategies for Association Budget Preparation
In order to operate a successful community association, there are many important facets of association governance that must be understood and implemented by its Board of Directors. One of the most important is the budgeting process. Most associations are “multi-million dollar non-profit corporations.” This means that the association board is often running a small to […]
Encouraging Participation in HOA Board Meetings
If an HOA board is only as good as its members, it is imperative that regular board meetings be well attended by actively engaged participants. This ensures that problems are solved in a timely manner, and is essential to the overall success of any community. It’s not uncommon for even the most established HOA boards […]
Updating Documents Requires Getting Out the Vote (FL)
Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. A number of owners want to modernize our documents. However, the declaration of condominium, which we […]
Lessons from Hurricane Irma (FL)
With the 2018 hurricane season already upon us, and the National Hurricane Center predicting a near or above normal year, we can look back at the lessons learned from Hurricane Irma to ensure we are prepared this season. Read the article……………..
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA? (WA)
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget. […]
Dear Boards: Suck It Up and Be Transparent
……Too many boards of directors of community association are nervous. Nervous about contention. Nervous about bad PR. Nervous about looking unprepared. Nervous about being wrong. Reflexively, they retreat into secrecy, even when state or local statutes require open meetings. I get it. People can be tough. Most communities have hard cases living in them. I […]
Jamaica: A Matter Of Land | Avoid The Next Braemar Bust-Up – Legal Way To Collect Outstanding Maintenance Fees
A confrontation last week at a strata complex in the Corporate Area, which left one man nursing a gunshot wound and several questions being asked about the actions of a group of security guards, has sparked a debate on the collection of maintenance fees at these complexes. Several persons have since asked what can be […]
Every Board Needs a Fidelity Bond. Here’s Why (NY)
A board treasurer’s heart will always sink when he notices a pattern of odd expenditures in the monthly run of checks. With a little digging, the treasurer might learn that the managing agent paid a small amount each month to a phony vendor, a limited liability company set up by the agent. Read the article……………..
Swimming the Dangerous Waters of the Fair Housing Act
As the weather warms up, community association pools are open and ready to be enjoyed. In addition to cleaning the pool furniture and testing the chemicals in the water, boards are tasked with the responsibility of creating rules to protect against harm to those using the pool. Boards must remain diligent so their well-intended rules […]
Condo owners responsible for roach, mold problems (NV)
Q: I am a board member of a condo complex in Las Vegas. What should a homeowners association’s policy be on roach and mold issues? Does the master homeowners policy cover this? Should owners and renters be fined for not cooperating? In one building, we have eight units. When one unit has roach and mold […]
Fireworks in the HOA
Summer celebrations are gearing up, and the commemorative fun often includes the bright, colorful addition of fireworks! Safety and consideration for others should always be a priority, and are especially important when handling or viewing fireworks within and HOA. As firework season approaches, it’s worth reminding association members of the following tips to ensure a […]
A Fight Over Flooring at a Broward Tower Clarifies Condo Association Rights (FL)
When the board of directors at Fort Lauderdale’s Regency Tower Association changed the flooring in of the condominium lobby from Carrara marble to ceramic tile in 2016, they set in motion a court battle with unit owner Ronald Lenzi. He objected, claiming unit owners were required to vote to approve the renovation work. It all […]
Exterior Lighting Tips for HOA Communities
If your community is looking for a quick and fairly simple way to improve safety and curb appeal, it is time to consider exterior lighting. Without dark spots and shadows, thieves don’t have places to lurk and your community will immediately reduce its chance of being targeted for burglaries. And as an added bonus, exterior […]
Important New Case on the Rights of Home Owners in HOAs
In a case brought by two home owners against their home owners association (“HOA”), against the HOA directors, and against a bank that stacked the HOA board with directors which were its employees, the Court of Appeals of Tennessee recently issued an important and insightful opinion in the case of Urbanavage et. al. v. Capital […]
Court Upholds Arbitrator’s Decision on Section 98 Agreement Dispute (ON)
In a recent case before the Ontario Superior Court of Justice (TSCC No. 2256 v. Paluszkiewicz), a condominium corporation unsuccessfully attempted to set aside an arbitration decision that concluded that a unit owner’s renovations were in compliance with the section 98 agreement previously entered into between the parties. Read the article………………
Ruling against Indianapolis’ condo nuisance claim upheld (IN)
Summary judgment entered in favor of an east side Indianapolis condominium complex was affirmed when the Indiana Court of Appeals ruled that damages sought against the complex by the city for being a “nuisance” were inappropriate. Towne & Terrace is a residential complex near the intersection of East 42nd Street and Post Road in Indianapolis. […]