Q: We successfully recalled our homeowners association board, yet the next day after the vote the recalled directors held a special meeting and enacted lots of business. We believe that everything the board enacted after it was recalled can be reversed with a blanket resolution by the new board. What do you think? Read the […]
Properly established 55-plus community can impose restrictions (FL)
Q: Recently I needed to have my minor grandchild come live with me. Shortly after, I received a letter from the association informing me I was in violation of its age 55 and over guidelines. I investigated this and learned that while the community advertises as 55 and over, the amendment that sought to impose […]
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 […]
The #1 Problem Homeowners Associations Have With Management Companies
Are you tired of the lack of customer service from the management company your association has had for a number of years? It’s possible that the company was inherited from past HOA board members. Maybe they hired the management company because they liked a specific manager, but that manager no longer works for the company […]
Delivery Overload: Coping With an Ever-Increasing Number of Package Deliveries (NY)
The ever-increasing popularity of online commerce has changed peoples’ shopping habits — including the way apartment dwellers receive their deliveries. While concierges, doormen, and building superintendents have traditionally accepted packages on behalf of residents, the management and storage of those packages is evolving. Read the article………………
One of three charged in time share scheme sentenced in Boulder District Court (CO)
One of two men accused of running a timeshare transfer scheme was sentenced in Boulder District Court on Friday to 10 years of probation. Timothy Hatcher will also have to serve 200 hours of community service, pay restitution jointly and be severally liable with his business partner, Kristopher Chavez. He faced up to six years […]
Malaysia: A condominium burdened by a prolonged legal battle
Tucked away in the hills of Bukit Pantai, Kuala Lumpur lies one of the oldest condominiums in Kuala Lumpur. Pantai Towers was completed some 40 years ago as an exclusive, low-density project with only 56 units. The 2.11-acre freehold project has facilities such as a swimming pool and a tennis court. Many who reside in […]
Is There An Autobahn In Your Association? The Need To Regulate Traffic Within Gated Communities
The use of automobiles in Florida can be a source of pure enjoyment, but often results in stress and frustration. This is especially true as you witness a neighbor speeding recklessly on the association roads. Safety should always be paramount. Unfortunately, not every driver operates their automobile in a responsible, safe manner leading to all […]
The Black Hole of Record Requests (ON)
Many good managers and directors have been pulled into the black hole that is record requests under the amendments to the Act. Since November 1, 2017 there is a new process for requesting records and providing copies or access to them. Unfortunately, the new process is complicated and time-intensive, which will likely to lead to […]
Tragic Alligator Attack Should Cause Community Associations to Consider Alligator Dangers (FL)
The recent and devastating death of Shizuka Matsuki, a Florida woman attacked by an alligator, has alarmed and dismayed Floridians while raising many questions for community associations and their residents about alligator safety measures. Floridians are understandably fearful of alligator attacks due to the widespread prevalence of alligators in our state (similar considerations apply to […]
Trump Condo Board Asks Court to Intervene in Deadly Fire Case (NY)
A fire at Trump Tower last April that killed one resident and brought up the issue of retrofitting sprinklers in older buildings has entered into the legal arena. This past July, as reported by The Wall Street Journal, the Trump Tower condo board filed with Manhattan Surrogate’s Court to compel relatives of Todd Brassner, owner […]
Bus service for disabled child posed ‘threat’ to residents’ safety, homeowners group says (OR)
Lawyers for Oregon Sen. Jackie Winters and the Salem homeowners board on which she serves say that door-to-door school bus service for a girl with disabilities posed a “direct threat to the safety” of other residents, according to a new court filing. The girl’s family filed a federal lawsuit against the Golf Course Estates Homeowners […]
Due Process Debate Impacts Condo Management With New Legal Ruling (IL)
Condo associations in Chicago might soon have a harder time managing difficult condo owners. Based on an Illinois Appellate Court decision, owners accused of unruly behavior cannot be fined without first being given due process. Owners must have the opportunity to review any evidence of the alleged incident and cross-examine witnesses. Illinois condo associations that […]
Accommodating Disabled Condo Residents
In a recent case in Hawaii, a jury awarded a condo unit owner $1.7 million dollars in damages after finding that the condominium association discriminated against the visually impaired owner. Read the article………………
Municipal Elections: Can Condo Owners Post Electoral Signs? (ON)
With October coming up, we can all probably expect to see pumpkin patches, coloured leaves, chai lattes and…. electoral signs! Indeed, Ontario municipal elections will take place this October 22, 2018. This will bring the usual uncertainty as to what candidates and their supporting owners can do when it comes to canvassing and posting electoral […]
Community Living Rules Enforcement
Question. We live in a nice community, but every so often someone breaks one of our rules. Sometimes the infraction is minor — such as washing their car on the public street. Other times, the violation is more serious, such as yelling, arguing and even threatening people. The violators may be unit owners or tenants. […]
Homeowners angry after DHEC locks up community pools (SC)
Homeowners in Waterway Landing recently found themselves locked out of their community pool area with a letter saying the Department of Health and Environmental regulations require pools to have bathroom facilities. The property management company posted the letter on the locked gate to the pool and homeowners tell WMBF News they received the notice by […]
Condo Law Digest – September 2018
Summary of select cases: Read the article………………
Thief hot-wires elevator, cars in San Diego condo garages (CA)
A car owner in Mission Hills is warning others about a thief who isn’t just hot-wiring the vehicles he targets, but also elevators standing in the way. Kevin Plautz lives at a condo complex on California St. On Friday morning, he got a surprise knock at his door. “Neighbors showed up at my door and […]
Pet goats in Makakilo are irking the neighbors — and raising questions about allowable pets (HI)
Makakilo resident Lyndon Williams says his neighbor’s pet goats have been causing trouble all around their subdivision. He says they escape out of their pen, which was built against the owner’s back wall several houses down, and run into the street and people’s yards. He’s even caught them in his garage, rummaging through his things. […]
Large depression in Pasco County neighborhood may be bigger than originally thought (FL)
Two New Port Richey homes are still marked unsafe after a depression opened up between them. Officials are calling the hole a depression and said it opened in a gated community between two homes on Dorian Ct. in New Port Richey; which is just west of River Ridge Middle School and High School. Read the […]
Is your homeowners association policy broken? (CA)
I was speaking with a friend the other day, and the topic of HOA insurance came up. Let me share some of my thoughts on our discussion. You love your condo. You love that all the “big things” are taken care of by the association. Things like lawn care, outside maintenance, roof repairs, and of […]
How HOA Members Can Be Good Neighbors
HOAs (Home Owners Associations) exist to promote cooperation, safe neighborhoods and a stable environment for those who live within their boundaries. Rules and regulations are often necessary to ensure that neighbors treat one another with respect – especially in denser neighborhoods where people are in close contact with one another. Read the article………………
Large crack reportedly forms in window of San Francisco’s sinking Millennium Tower (CA)
A new defect in San Francisco’s sinking and tilting Millennium Tower has appeared. A large crack reportedly formed in a window on the 36th Floor of the building on Saturday, according to a resident. Department of Building Inspection spokesperson Bill Strawn says a correction notice was issued and building engineers have 72 hours to report […]
Valhalla Man Charged With Stealing From His Homeowners Association (NY)
A 43-year-old Valhalla man was arraigned on Tuesday for allegedly stealing nearly $94,000 from his homeowners’ association. John Pacor, an attorney and a former board member of the Pleasant Ridge Homeowners Association where he lives with his wife and children, deposited 51 checks totaling $93,955 from the association’s bank account into his own checking account […]
New Statutes Bring Streamlined Methods to Preserve Association Governing Documents (FL)
As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject […]
Court rules in favor of West Chester homeowner’s association sued by woman who slipped on fallen branches (PA)
The Superior Court of Pennsylvania affirmed a ruling relieving Indian King Residents Association (IKRA) of liability for a resident’s injuries. Plaintiff-appellant Ruthann Hackett injured herself in 2013 after slipping on fallen branches in a common area managed by IKRA. The court determined that appellant was a licensee on the land. In the ruling, Judge Jacqueline […]
Communicating with Different Personalities in Your HOA
DISC theory is a method of identifying predictable actions and personality traits within human behavior. Knowing these personality traits will help HOA board members communicate more effectively with other board members and homeowners within the community. There are four DISC communication styles – Dominance, Influence, Steadiness, and Compliance. Here are some tips for communicating with […]
When the Board Decides to Raise the Monthly Assessments – Telling the Owners
At the end of every calendar year, board members for community associations gather around conference tables, dining room tables, or tables in local libraries to have the unpopular and often dreaded discussion of how to explain to owners in their communities that their association monthly assessments are going to increase for the upcoming year. We […]
Here a New One: a Monthly Fee During Renovation Work (NY)
Without consulting shareholders, an Upper West Side co-op board has quietly implemented a $1,000 fee – to be charged once a month for the duration of every apartment renovation project. The board instituted the fee two years ago and mentioned it, in passing, at this year’s annual meeting with shareholders. When questioned about the board’s […]
Relief on the way for Cañon City neighborhood plagued by flooding (CO)
A neighborhood plagued by flash flooding due to poor stormwater drainage design is finally getting the promise of relief from city leaders and its homeowners association. Dawson Ranch, on Cañon City’s far southwest side, endured millions of dollars in property and infrastructure damage from a severe hail storm on July 23. “Mud, boulders, it was […]
Fire and Evacuation Plans – Why You Need One
We regularly get asked the question; “why do we need to have a written fire and evacuation plan?” In this article we cover who needs one and what the plan needs to include to be compliant with the QLD Fire and Emergency Service (QFES) requirements. The following information is extracted from the QFES website – […]
How to Be an Effective Community Manager
Managing people is no easy task. Whether you manage a small team of professionals or an entire organization, the following tips will help you break down barriers and foster great relationships. Establish trust. Your employees and clients look to you for guidance, so be consistent with your approach to communication and problem-solving. Set and manage […]
Dobbs Ferry community sues state AG, aiming to pay less in taxes (NY)
The Landing at Dobbs Ferry, a residential complex, has filed an Article 78 lawsuit against Attorney General Barbara Underwood and her staff for allegedly abusing their power to stifle the community’s effort to change its status from a single-family-home community to condominiums. Read the article………………
Summer Fun Out of the Sun – HOA Ideas to Beat the Heat
The sunniest months are upon us, the kids are out of school, and summer fun is in full swing! This is the perfect opportunity for board members to build community relationships. While summer is a popular time for swimming and dive-in movies, not all homeowners take advantage of outdoor amenities, and not all associations have […]
The ‘Trump effect’: How a norm-scrambling presidency is changing the way one subdivision talks about race
SUMMERVILLE, S.C. • Before he heard from neighbors about the confrontation at his subdivision swimming pool, Jovan Hyman saw a shaky video of it on his phone, where it was quickly going viral. He clicked the link, which opened on turquoise water and a white woman walking quickly toward three black teenage boys, one of […]
Malta: Resolving disputes within a condominium
The development of apartments in Malta has not only increased dramatically during the last 20 years, but will undoubtedly intensify in the years to come. This puts into focus the importance of administering the common areas available for use by more than one resident, which areas are commonly referred to as condominium. Indeed, as our […]
What can be done about speeding vehicles in community? (FL)
Q: The speed limit in our community is 25 mph. We received numerous reports of speeding in excess of 50 mph. I personally witnessed a car almost hit a resident and her dog at a very high speed. The worst offenders appear to be vendors and high school kids. What can be done? Read the […]
Committees Not Required by Law (FL)
Q: I have served on my condominium association’s landscape committee for the past several years. The committee is responsible for reviewing the association’s landscaping, coordinating with our landscape contractor, and making suggestions to the board. At a recent board meeting, the new board, which was elected a few months ago, discussed the status of all […]
Clash between equestrians, Santa Fe homeowners association makes for unhappy trails (NM)
A Santa Fe woman and a local homeowners association are engaged in a prolonged and bitter battle over whether horse riders can be excluded from using the association’s network of trails. Carolyn Hansen said she started riding horseback on the outskirts of Aldea de Santa Fe 25 years ago — long before the housing development […]
Board can’t remove president without vote (IL)
Q. A majority of the members of the board of our condominium association met privately and have stated they removed the president, “John,” from the role of president at that gathering. These board members have advised various parties of this and directed them not to deal with “John.” These board members have also stated that […]
Assemblywoman Monique Limón’s Bill Jumps Into Fight Over Hollister Ranch Beach Access (CA)
Amid the high-stakes battle over access to the beach at Hollister Ranch, Assemblywoman Monique Limón, D-Santa Barbara, has proposed legislation that would make it easier for environmental activists to gain access to the beach through private land. The bill, AB 2534, would create the Hollister Ranch Subaccount, and would require up to $1 million received […]