Q. Our condominium association has a rule in place concerning distribution of written materials by owners to other owners. The rule prohibits the distribution of any materials, unless first submitted to the board for approval. Is this permitted? Read the Q&A……………
Expertise Welcome – Up to a Point
Co-op and condo boards frequently recruit residents with professional expertise who can contribute to the projects they have planned for the next several years. While this expertise can be helpful, it should be exercised carefully. Problems arise when the new board members don’t fully understand their roles and how to deal with the other board […]
Oceanside homeowner says HOA wants him to evict his Marine tenants (CA)
When Ron Zurawski purchased his six-bedroom, six-bath Oceanside home in 2005, he said he did so for one purpose — to rent rooms to Marines. The home, located in the Arrowood community just outside the San Luis Rey gate to Camp Pendleton, was yet to be built. Zurawski, an unmarried Navy veteran with no kids, […]
Highland grandmother goes 43 days without running water, warns homeowners to beware condo bylaws (IN)
Loretta Brewer showed me all the gallon containers she used for 43 days to haul water upstairs to her second floor condominium. “Did you know it takes four gallons of water just to flush the toilet?” asked Brewer, 62, who lives in the Les Chateaux condominium complex in Highland. Read the article………………
High Anxiety
As parts of Florida still recover from Hurricane Irma, community association leaders wonder whether they are prepared for the disruption and expense of the next big storm. Read the article………………
New Rebates for Electric Vehicle Charging Stations (NY)
Co-ops and condos are among the potential beneficiaries of $5 million in New York State rebates for the installation of electric vehicle charging stations, Governor Andrew Cuomo announced. The initiative is part of the state’s drive to reduce greenhouse gas emissions by 40 percent by the year 2030. Read the article………………
Best Board Member Budget Practices REVEALED
Approving the annual community association operating budget is one of the most important obligations of the board of directors. It is also the duty of the board treasurer to take the lead in this endeavor and ensure that a budget is approved in a timely fashion i.e. before the end of 2018 and in accordance […]
Check out this ancient condo complex in Arizona — built 900 years ago (AZ)
A multi-level condo complex with about 100 rooms — built some 900 years ago — has held up far longer than we can expect for comparable housing units today. Known as Wupatki Pueblo, the ancient stone-walled site is the striking centerpiece of a national monument northeast of Flagstaff. Read the article………………
Dispute near the lake; Lawsuit alleges mishandling of Western Shores subdivision by county, land developer (KY)
A $1.6 million lawsuit has been filed against Calloway County Judge-Executive Larry Elkins, current and former magistrates, a land developer and members of a property owners association claiming those entities were negligent in allegedly abandoning a subdivision project and improperly handling a bond. Read the article………………
AB 2912 Signed! Significant Changes to HOA Financial Review and Insurance Requirements (CA)
Earlier this year, the California Legislature proposed AB 2912 (Irwin) in an effort “to protect owners in a [HOA] from fraudulent activity by those entrusted with the management of the [HOA’s] finances.” To that end, AB 2912 significantly increases the financial review requirements of HOA boards of directors, limits the ability for automatic transfer of […]
Think Rules and Regulations Do Not Need to be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to […]
Condo Owner Loses Court Proceedings to Raise Common Expenses (ON)
In a recent case, Patterson v. YCC No. 70, a condominium unit owner sued the condominium corporation and one member of the board of directors alleging that the corporation and the board had failed to perform their obligations under the Condominium Act, 1998 to manage the corporation’s affairs and assets. The owner asked the court […]
HOA Liens and How to Handle Them as HOA Board Members
“HOA Liens? What are those?” It’s a question lots of board members ask, so if you’re wondering as well then you’re not alone! In this post we’ll take you through a brief overview of HOA liens—what they are, what they impact, and how to remedy the situation as a board member. Read the article………………
True Life likely to bid goodbye to Ahwatukee Thursday (AZ)
The True Life Companies is headed for the exit door from Ahwatukee as former owner Wilson Gee prepares tomorrow, Sept. 20, to foreclose on his $8.6 million note the developer signed more than two years ago in its ill-fated quest to build an “agrihood” on the site of the defunct Ahwatukee Lakes Golf Course. Unlike […]
Okemos neighbors clash with developer over rezoning of vacant land
Residents who bought high-end homes in a neighborhood near Okemos High School are clashing with the subdivision’s developer over his plan to build eight more houses on a wooded lot they say he told them would never be developed. Just shy of 50 homes, many valued at more than half-million dollars, sit in The Sanctuary […]
Why Hundreds Of Mililani Residents Must Pay Thousands Of Dollars To Save A Few Homes (HI)
About eight homes in the Launani Valley community are threatened, but owners of more than 800 homes will have to cough up $3.2 million to save them. Read the article………………
City Inspectors Return to SF’s Millennium Tower After Declaring It Safe (CA)
City inspectors who had previously deemed San Francisco’s Millennium Tower safe were back inside the building this week to check on a cracked window. They may have inspected the wrong side of the sinking and tilting tower, NBC Bay Area has learned. Investigative reporter Jaxon Van Derbeken reports. Read the article………………
Detention pond gobbling up land in Gonzales neighborhood (LA)
….In the last week, the less than two-years-old Mossy Oaks Homeowner’s Association has gotten involved and Ascension Parish Department of Public Works visited the site last week. DPW says it’s the HOA’s responsibility and not the parish. The HOA has contacted a bulkhead expert and Langlois says he’s also contacted the developer. “No one wants […]
Josh Meyers to Star in Homeowner Association Comedy in Development at NBC
Josh Meyers is set to star in, write, and executive produce a comedy currently in development at NBC, Variety has learned. The single-camera series is titled “The Exceptional.” In the show, The homeowners association board members of the Exceptional, a Los Angeles condo building, find themselves hopelessly deadlocked. That is, until a fellow resident, Justin […]
How a stalemate in Garland’s first upscale subdivision was broken by a Plano nonprofit’s unique plan (TX)
After nearly five years of rancorous debate among residents, the City Council late Tuesday unanimously approved a concept plan for Eastern Hills Country Club. Plano-based nonprofit My Possibilities is taking over the land, which was the centerpiece of Club Hill, the city’s first affluent subdivision. The group’s plan is to fully convert the former country […]
Draper & Kramer misled buyer in Lincoln Park condo tower, lawsuit claims (IL)
A condo owner is suing Draper & Kramer, claiming the company’s property management arm and a condo board lured him to buy a Lincoln Park residence under false financial pretenses. Robert Cohen in July 2017 bought a unit in the Park West building, 444 West Fullerton Parkway, for $330,000. A subsidiary of Chicago-based Draper & […]
Condo Association Discriminated Against Resident With Allergies (NJ)
A condominium association must pay a resident $12,500 for discriminating against her regarding her medically verified allergies, the New Jersey State Attorney General’s Office said. The woman, referred to only as K.L. in court documents, had asked Twin Lights Condominiums in Highlands to remove carpet from her second-floor, one-bedroom condo and install hardwood floors. The […]
Court Ruling Complicates Condominium Member Lawsuits (FL)
A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership. In Iezzi v Edgewater, the First District Court of Appeal held that members of a not-for-profit condominium association must comply with […]
Your condo building isn’t new anymore. Is it aging gracefully? (NY)
Prior to the recession of 2008, a batch of new condo developments came on the market. Some were well built while others were seemingly constructed in a hurry. Now that they’ve had a chance to settle into their bones, it’s a good time in their lifespan to see just how well they were constructed. Read […]
Electronic Voting has started for Condominium Corporations (ON)
Many condominium corporations have started to pass Electronic Voting by-laws to allow owners to vote on-line rather than having owners’ complete proxy forms if owners are unable to attend a meeting. By implementing Electronic Voting, boards and managers are finding much greater participation from owners and solicitation and proxy manipulation are gone. Read the […]
Shade can ease heat, but one neighborhood finds trees are just part of the solution (AZ)
Don McNeil walks the tree-lined streets of Westbrook Village in Peoria to keep his blood pressure down, but hotter weather limits his daily outings. He suffered several strokes two years ago, which stymied his body’s ability to regulate heat. Since then, he’s become more passionate about rising temperatures due to climate change and heat-absorbing urban […]
Focus on These 4 Areas for Fall Maintenance Inspections
The leaves are starting to change. Here in Toronto, I saw some reds and yellows on the trees during the first week of September, and that means that summer is almost over and fall is well on its way. Your main job as a homeowner during the fall season is to make sure your home […]
Condo owner alleges Westchase Condominium Association failed to warn of bolts in parking lot that caused fall (TX)
A condo owner in a Houston condominium property is seeking a minimum of $200,000 in damages after falling in the parking lot. Elida Herren filed a complaint on Aug. 29 in the Harris County District Court against Westchase Condominium Association and Creative Management Co. alleging negligence. Read the article………………
Sugar Land residents say they face feral hog danger (TX)
Frustration is mounting in the Riverstone community in Sugar Land, where residents are facing more than a feral hog nuisance. They are facing a burden and possibly a danger. On Monday morning, neighbors woke up to nearly a half dozen lawns torn up. They say they don’t feel like they are getting enough help from […]
Indy woman caught on video attacking neighbors to sell home; HOA lists numerous complaints (IN)
According to the HOA, more than 20 residents have come forward to report harassment from New. “Unfortunately, the situation has escalated. In fact, as I understand, incidents of harassment have grown significantly in frequency and intensity to a point where residents are fearful of leaving their own homes,” the letter reads. “Most disconcerting is that […]
Is New Term Limit Restriction Retroactive? (FL Q&A)
Q: Is the new director term limit law for condominium associations retroactive? Q: I am a new director for my homeowners association. We have a few owners who have failed to pay their quarterly assessments. What is the process to collect these unpaid assessments? Read the Q&A……………
At Issue: Millennium Tower Woes (CA)
Phil Matier talks with Thomas Miller, the attorney representing homeowners in the sinking, tilting Millennium Tower in downtown San Francisco Watch the interview…………….
HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse
Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep […]
Associations Can Require a Key (FL)
Q: I recently received an e-mail from my condominium association asking for a key to my unit. I have a problem with the board having a key to my unit. Am I required to provide a key? Can the association enter my unit at any time? Read the Q&A……………
Homeowners Association Law (MI)
A Michigan homeowners association’s articles of incorporation, bylaws, covenants, declarations and deed restrictions must be regularly reviewed and updated to ensure that they are compliant with changes in federal law and that the governing documents adequately address the needs of the owners. Common signs that a Michigan homeowners association’s governing documents need to be updated […]
Are rules adopted by board of directors part of public record? (FL)
Q: Do rules adopted by the board of directors have to be recorded in the public record? Read the Q&A……………
Can a Felon Be the President of My Condo Board? (NY)
Q: A candidate for the president of the board of my Park Slope, Brooklyn, condo has a past felony conviction. I believe that some states do not allow people convicted of felonies to run for seats on condo boards. What are the rules in New York? Can this person legally run for a seat on […]
Service Dogs and Other Animals (CO)
Federal and state laws protect the rights of disabled individuals who need service dogs in places of public accommodation. Unfortunately, some individuals took advantage of the service animal laws to allow their pet to accompany them. As of March 15, 2011, only dogs (and miniature horses in rare situations) qualify as service animals under the […]
HOA Audits and Preparedness
Sometimes the word “audit” makes people nervous and uneasy, but the reality is they are part of any business. Your HOA should be prepared and know how an audit works and when it’s time to do one for your community. The first thing your board needs to do is understand when and why your HOA […]
Millions of Americans still trapped in debt-logged homes ten years after crisis
As of June 30, nearly one in 10 American homes with mortgages were “seriously” underwater, according to Irvine, California-based ATTOM Data Solutions, meaning that their market values were at least 25 percent lower than the balance remaining on their mortgages. It is an improvement from 2012, when average prices hit bottom and properties with severe […]
HOA Homefront: California now has Fair Housing regulations – and sexual harassment is illegal
The federal Housing and Urban Development Department (HUD) adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations thus far have not received widespread attention, but in California this will change soon. Read the article………………
Is new term limit restriction retroactive? (FL)
Q: Is the new director term limit law for condominium associations retroactive? Read the Q&A……………
Woodlake embezzler sentenced (CA)
A man accused of embezzling millions of dollars from the San Mateo Woodlake Condominium Association between 2007 and 2013 was sentenced to seven years state prison Friday and was ordered to split the restitution with his co-conspirator, according to the San Mateo County District Attorney’s Office. Read the article………………
SB 1016 Signed! New Law Expands Rights to Use EV Charging Stations in HOAs (CA)
For the third time in past seven (7) years, the California Legislature has modified the laws governing the installation and use of Electric Vehicle (EV) charging stations within homeowners associations (“HOAs”). The first time was in 2011 when the Legislature enacted a new statute (now contained at Civil Code Section 4745) designed to nullify any […]
Beaumont residents turn to social media after political sign controversy (TX)
As local and statewide races heat up political signs have popped up in yards all over Southeast Texas as many believe they have the right to show support for their favorite candidates. Read the article………………
Can Your Homeowners Association Limit Owners’ Display of Political Signs? (MO)
As Americans, we cherish our First Amendment rights – chiefly among them, our freedoms of speech and expression. In November, for many that includes the freedom to express their political beliefs. As recent news stories have shown us, homeowners are willing to go to great lengths to express themselves, especially when they feel their rights […]
Deck Marker Containing Radium Discovered At Naval Shipyard Site (CA)
A naval deck marker containing radium was discovered earlier this week at the former U.S. Navy shipyard site in San Francisco’s Hunters Point, California Department of Public Health officials said in a letter to homeowners in the neighborhood on Thursday. In a letter to The San Francisco Shipyard Homeowners Association, state health officials revealed that […]
Erie Airport officials sound alarm over nearby residential drone use, citing threat to planes (CO)
An uptick in recreational drone usage in Broomfield’s Anthem Ranch neighborhood has spurred officials with the Erie Municipal Airport, the subdivision’s neighbor, to reach out to its homeowners association out of concern the activity could soon affect air travel. Read the article………………
Is Brevity the Soul of (Smart) Board Meeting Minutes? (NY)
It’s kind of ironic that in this age of transparency, board meeting minutes should be bare-boned. But they should. So keep them accurate, but sparse. Here’s why. Minutes of board meetings can be surprisingly revealing. Some minutes cover who voted on what, as well as off-topic conversations. You must always remember that minutes are actually […]
Safety measures ordered at sinking San Francisco Millennium Tower (CA)
San Francisco officials demanded Thursday that managers of a sinking condominium building where a window recently cracked comply with safety measures needed to keep the public safe. Ronald Tom, assistant director of the Department of Building Inspection, said management at Millennium Tower must inspect all units and install a canopy around the perimeter of the […]