Q: I am in the process of getting property insurance for my condominium unit. My insurance company will not issue a policy until they review the master insurance policy that the association has in place for the buildings. I called the management company for a copy of the policy, but they have not sent it […]
Florida Q& A
Q: Our condominium association recently voted to purchase new pool furniture. The current furniture is not broken or old, but it was purchased under the previous board of directors with different design tastes. Isn’t this a waste of common funds? Read the Q&A……………
Community reflects on lessons learned from 2013 wildfire (CO)
Nearly a 100-mile drive from where the most destructive wildfire in Colorado history tore through Black Forest near Colorado Springs, John Van Doren worried about his own community in the foothills surrounding the mountain town of Bailey. Read the article………………Since becoming president of his homeowners association, Van Doren has become a big proponent of fire […]
Gregg County subdivision loses civil suit for road repairs (TX)
A Gregg County jury sided with the defendants Thursday in a 2015 civil lawsuit brought by residents of a subdivision south of Longview. A homeowners’ association for Robbins Ranch Subdivision — located along Pleas Cocke Road near the East Texas Regional Airport — had sued Benchmark Properties LP and Chinn Exploration for damages to subdivision […]
HOA Homefront: Readers ask about limiting rentals in the homeowners association (CA)
Q: Our board and management do a great job of overall maintenance and landscaping of the complex. Rental units have become a consistent problem to the quality of life in our community. At a recent homeowners association meeting our board and property manager refused to reveal how many units are rentals. Read the Q&A……………
HOA and condo enforcement: Community associations need to have a plan (FL)
One of the most common questions I get from my condominium and homeowners’ association clients is, “How do we enforce our governing documents against violating homeowners?” Covenant enforcement is often a huge headache for volunteer boards of directors, and finding a balance between being a nice neighbor and protecting your community’s property values can be […]
$6K down the drain: Homeowners blame builder for expensive repair for rotten decks (GA)
A Channel 2 Action News consumer investigation uncovered nearly two dozen floating decks that are falling apart due to water damage in one Brookhaven neighborhood. A gutter contractor hired by the homeowners’ association is pointing the blame at gutters installed by the builder, Pulte Homes, that are too small. “As the water gets into it, […]
Condo Board Members Conflicts of Interests and Service Providers in Florida
In Florida, the directors and board officers of a condo association, together with the members of their family and anyone who holds financial relationships with the officers and/or directors are entirely prohibited from forming any form of agreement with their condominium association under the terms of new regulations which have been put in place since […]
Common Mistakes of Board Members (FL)
It can be a wonderful experience being on the board of a condo or homeowner’s association. Many members really enjoy the experience of being active in their community, guiding neighbors regarding association matters, and getting to know the members of their community better. Board members generally take their positions seriously, and truly want to do […]
Condominium and Homeowners Association Budgets Must be Ratified (WA)
It’s community association budget season! Due to the recent implementation of WUCIOA (see my previous post about this here), all Washington State condominium and homeowners association budgets must be ratified by those associations’ owners in order to take effect. Read the article………………
Pace residents look for answers on stormwater drainage issues in Ashley Plantation (FL)
Flooding in a small area of a large Pace subdivision captured the attention of the Santa Rosa County Commissioners on Thursday, after hearing requests for help from Ashley Plantation residents. The heart of the issue is that in certain spots near Tulip Hill Road, the installed drainage system is not standing up to torrential rains […]
SB 261 Signed! Changes to Individual and General Notice (CA)
Homeowners associations are often required to disclose information to their membership. There are two forms of disclosure: general notice or individual delivery. When homeowners associations are required to deliver documents by “individual delivery” or “individual notice,” Civil Code Section 4040 permits delivery by email, facsimile, or other electronic means (“electronic delivery”) only if the recipient […]
State supreme court will not hear case of unit owner fined for expressing opinions (IL)
The Supreme Court of Illinois will not consider the case of a unit owner fined for expressing opinions about his condo board. Michael Boucher successfully sued 111 East Chestnut Condominium Association and seven of its board members after they imposed a $500 fine against him for allegedly violating condo rules that prohibit “obnoxious or offensive […]
Pinecrest Is Getting An “Underwater Homeowners Association” To Help Respond To Sea-Level Rise (FL)
Miami artist Xavier Cortada acknowledges home ownership has its challenges. Neighbors with poor taste in exterior paint colors, for instance. But, “there’s something more menacing than having a neighbor with a bright lime green coat of paint on their home,” Cortada says. “An ocean. The rising sea.” Read the article………………
Homeowners Board of Directors Removed Over Subdivision Land Dispute
After weeks of wrangling over the future of a small parcel of land that the homeowners owned and recently was cleared of trees, members of the Eagles View Homeowners Association (EVHOA) voted to remove its elected board of directors. Read the article………………
The Straight Poop on Dope
Consuming cannabis, or marijuana, will soon be a legal right. New laws that will affect the use and growing of cannabis in condominium communities is expected to be in effect October 2018. Get ready. The reality is that more people will be consuming and growing cannabis in condo buildings. Condo boards must decide how they […]
Rules set for boy with autism to keep ducks (MI)
Georgetown Township officials laid out a series of restrictions Wednesday to allow a 12-year-old boy with autism to keep the ducks he uses for therapy……..The family said it will work with its homeowners’ association to implement the ducks. Read the article………………
Wisconsin’s Small Condominium Law – A Potential Tool to Work Around Local Certified Survey Map Approval and Minimum Lot Size Requirements
Sometimes a municipality’s certified survey map approval authority, minimum lot size requirements, or building setback requirements can present an obstacle to an owner’s desire to sell part but not all of his or her property. Whether it is vacant land, a retail shopping center, or a mixed-use project, a condominium can facilitate the sale of […]
$7.5M Verdict Against Condo Association Should Have Been Prevented (FL)
The recent $7.5 million verdict for a St. Petersburg, Florida, condominium resident to compensate him for the injuries that he sustained in his community’s hot tub is a telling example of the potential ramifications that can result when any defects in the working condition of these amenities are not properly addressed. Read the article………………
Is Your Neighbor Really A Nuisance? (NJ)
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]
Privacy or Transparency in Condos: What Info Should your Neighbour Get About You? (ON)
We were surprised by the response to our post on whether condo owners should be entitled to get the owners’ list and our post on whether owners should be able to inspect proxies. There were definitely strongly held views. It makes for interesting conversation! Read the article………………
Malaysia: Strata Community Mediation Centre to handle high-rise resident disputes
A mediating body to handle complaints by residents of high-rise buildings is set to be launched by Oct 1. The Star reports that the Strata Community Mediation Centre has been formed in order to address problems faced by the 1.2 million people in the capital city. Federal Territories Minister Khalid Samad was quoted by the […]
HOA board asks city to make overnight street parking illegal in Greenwood subdivision (IN)
A homeowners association board is asking the City of Greenwood to make overnight street parking illegal, but only in their subdivision. The president of the Tuscany Village HOA board presented a letter to the Greenwood City Council August 20. It asks the council to pass an ordinance that would reinforce existing Tuscany Village bylaws by […]
Hiring a Manager Is Like Getting Married. Choose Wisely. (NY)
Hiring a new management company has been likened to getting married. So co-op and condo boards need to take a long hard look before they leap. A good first step, Brick Underground reports, is asking around the neighborhood and finding buildings that are well run. From this intel, a board can begin to create a […]
Strata Alert: Supreme Court of B.C. disagrees with Civil Resolution Tribunal when it comes to charging “retroactive” strata fees
Last week the Supreme Court of B.C. released its decision in 625536 B.C. Ltd. v. The Owners, Strata Plan LMS4385, 2018 BCSC 1637, providing some much-needed clarity on the question of whether a strata corporation is entitled to invoice strata fee increases retroactively in the form of “adjustments”. Read the article………………
What should our Condominium Association Insurance Cover? Part I – Intro and Statutory Framework (VA)
Insurance is one of those necessities of life that we avoid thinking about until a problem occurs. At that point, we realize that the details of our policies do matter and that we probably should have spent more time reviewing them before it was too late. Read the article………………
Are HOA Owners “Grandfathered” In from New Rental Restrictions? (FL)
The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit […]
Swimming Lessons in the Community Pool – What’s the Risk? (FL)
In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are […]
Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums (FL)
A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium […]
Managing Government Approval for Community Repairs and Improvements
Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a […]
Those Pesky Little White Balls
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of […]
TJPA: Ruling Limits Taxpayer Liability in Millennium Tower Legal Costs Fight (CA)
The Transbay Joint Powers Authority (TJPA) announced Monday that a court ruling last week may require the TJPA to pay in the future just a fraction of the legal costs sought by Mission Street Development (MSD), the developer of the sinking and tilting Millennium Tower. On September 20, 2018, San Francisco Superior Court Judge Curtis […]
4 Steps for Enforcing Short-Term Rental Violations in Your Community
In many communities located in popular vacation destinations, short-term rentals can pose long-term problems. The residents that come and go are more interested in having a good time than helping the community thrive, and that often means that they host loud parties, leave behind trash and can even pose a security threat. Concerns like these […]
HOA Board And Manager Authority
To achieve effective communications between homeowners and their homeowner association, it is important to understand the authority that belongs to the property management company, the board members individually and the board as a whole. For example, the management company may be able to solve a problem quickly while at other times, management may not have […]
Condo Owner Makes Human Rights Complaint Over Mould in Unit
A Vancouver condo owner with mould in her unit filed a complaint with the British Columbia Human Rights Tribunal (the “Tribunal”) claiming that the strata corporation discriminated against her on the basis of a physical disability. The owner alleged that the strata corporation failed to adequately remediate mould in her unit, which was caused by […]
Get Gephardt: Clogged shared sewer pipe leaves lowest owner stuck with mess, bill (UT)
If somebody else was responsible for damage to you home, who should have to pay for it? A Roy woman was stuck with the bill after she says her condo complex left her home flooded with raw sewage. When the sewer line at the Rosewood Manor became clogged, it became a disgusting problem for Lorie […]
Springlakes subdivision looking for answers after sediment continues to fill lake (GA)
As water flows through Reed Creek and into the lake of the Springslakes neighborhood in Martinez, homeowners say something else is flowing- sediment and storm water run-off. The HOA president says they’ve dredged the lake twice but new EPA regulations have put a stop to that because the cost to dredge is more expensive. “It […]
Elderly Seal Beach Woman Accused Of Embezzling Over $100K (CA)
A 71-year-old Seal Beach woman was accused of embezzling over $115,000 from the Costa Mesa homeowner’s association, of which she was treasurer, court documents said. Bonnie Diane Harris, 71, of Seal Beach, served as the former treasurer for the Cedar Glen Homeowner’s Association, and was scheduled Monday to make her initial court appearance on charges […]
Is your Association Protected Against Theft, Embezzlement and Fraud?
Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community. However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. Read the article………………
Where there’s smoke there’s…a cannabis allergy
While condominiums are rushing to get updated smoking rules in place before the upcoming cannabis legalization, a recent article published by the CBC suggests another potential issue to worry about in the rule enactment and subsequent enforcement stages. Read the article………………
The Spider Woman of Facade Inspections (NY)
Sara Tsiropinas is a licensed architect who likes to spend her free time rock climbing. This unlikely pair of interests dovetails beautifully in her day job as head of RAND Engineering & Architecture’s Rope Access Team, five fearless souls who rappel down the sides of buildings inspecting facades, looking for leaks, performing emergency investigations, and […]
New Laws Don’t Always Apply (FL)
Q: I read your recent column which gave your opinion that the new condominium law on board member term limits is not retroactive. With so many changes to the law every year, how are we supposed to know which new laws apply to us and which ones don’t? Read the Q&A……………
Are HOA board members immune from lawsuits by residents? (FL)
Q: We live in an HOA and purchased a single-family home with a three-car garage. At settlement, we were given three electronic “clickers,” or garage door openers. The openers included a button for the community entrance gates. The HOA Board is changing the entrance gate access to windshield stickers and want to charge us for […]
San Francisco Judge Orders Transbay Transit Center to Pay for Millennium Tower’s Legal Defense (CA)
In a strange twist, a judge has found that the Transbay Joint Powers Authority – the public agency responsible for the $2.2 billion Transbay Transit Center next to sinking Millennium Tower – has the “duty to defend” against hundreds of millions of dollars in construction defect claims over the troubled building. Read the article………………
HOA Homefront: Meetings generally should not be recorded (CA)
Q: Our board announced that audio recordings of meetings would no longer be allowed. What are your thoughts on this? Does this action by the board violate the Brown Act, the Davis-Stirling or some other statute? Read the Q&A……………
Can a Board Use Reserves for an Item Not Listed in the Reserve Study? (CA)
The purpose of the reserve fund is to plan for future repairs and replacements in the association. But what about components that you can’t see and aren’t listed in the reserve study? For example, plumbing supply lines that aren’t included in the reserve study and will end up costing somewhere in the ballpark of $50,000 […]
Are Your Meetings Keeping Minutes but Wasting Hours
Board meetings are integral to the function of an HOA. They provide an opportunity for directors to discuss governance issues by determining policies and priorities for the association. By following appropriate procedure, accepting homeowner input, and distributing minutes, meetings are influential in maintaining an involved and informed community. Unfortunately, these sessions can often “go off […]
How to get results from insurance carriers (FL)
Q: Our condominium sustained significant damage from Hurricane Irma. It has been a year and our insurance carrier is offering a settlement that is woefully inadequate to address our damages. We have been advised that we have window damage and the roofs must be replaced. The insurance carrier is ignoring our demands. What do we […]