Q: An owner in our condominium has an aggressive dog. We do not know the exact breed, but it has aggressively charged a number of residents, bitten other dogs on multiple occasions, and bitten a resident once and requiring the owner to get stitches. The owner denies all of the aggressive incidents. What can be […]
HOA Voting Rules
There are certain rules and processes that must be followed when it comes to HOA elections. This will help you know a little bit of what to expect when election time comes around. An HOA must hold an election vote before taking any of the following actions: Read the article……………….
Highlands Park Estates Clubhouse called into question (FL)
……Howerton and Project Manager Kenya A. Anderson reported at that meeting that residents and county staff at the time determined the best way of repairing the dilapidated structure would be to tear it down and rebuild it. Howerton said on May 15 that the commission originally allocated $180,000 for the project, through the Highlands Park […]
Texas AG won’t confirm investigation into Montague County homeowner group
The Montague County Sheriff’s Office has referred an investigation into a possible fraudulent property owner’s association election to the Texas Attorney General’s Office. Montague County Chief Jack Lawson said he would “refrain from calling it a scam” because at this point they just don’t know. However, officials with the AG’s office said the items were […]
Ready to put up those holiday lights? First check your HOA rules (AZ)
Tis the season for holiday lights and decorations. Right after Thanksgiving, the huge blow-up Santas and snowmen start showing up in yards and twinkly lights begin adorning homes. But many metro Phoenix homeowners live in homeowners associations, with rules for just how festive they can make their home exteriors and yards. Homeowners who don’t follow […]
Proposed budgets must be submitted in advance (IL)
Q. I thought the proposed budget had to be mailed to the owners 25 days prior to the board’s adoption of the budget, for all types of owners’ associations in Illinois. Is that correct? Read the Q&A……………………
A radon headache in Venice (FL)
Tony and Judy Turlenko were mortified when their condo tenant showed them that a radon test of the unit was positive. Radon is naturally occurring gas that can cause cancer. The Turlenkos were a bit perplexed their renters had taken it upon themselves to order the test, but they didn’t hesitate to put them up […]
Common Errors with the Amendments: Part 3 (ON)
We posted previously about some common errors and misconceptions that we have run into since the Act was amended last year. We are still encountering issues regularly. Given the complexity of the regulations is it any wonder we are still encountering mistakes and misconceptions? Here are some of the most common issues we have encountered […]
MRTA and How to Revive Expired HOA Covenants and Restrictions (FL)
During the last 30 to 40 years, exponential population growth and concomitant community development has occurred throughout the Sunshine State. Most newcomers to Florida during that period of time became accustomed to purchasing homes in amenity-rich communities that offered pools and clubhouses, and, in many instances, gates and guardhouses with a promise of security that […]
Ask the HOA Expert: Mushroom Meetings
Some homeowner association (HOA) boards have been accused of using the Mushroom Method in dealing with members: “Keep them in the dark and feed them manure”. Board meetings are held to address important business and should be open to the members. It only makes sense. Doing business behind closed doors only breeds suspicion. Read […]
Condo & HOA Accounts Payables Process Best Practices
Whether you are an accounting geek, a systems person or just want a deeper understanding of accounts payable we are about to get into the nitty gritty of AP. In a full service management company I was a partner of and President I implemented a powerful AP system in 2004 that provides greater tools and […]
With HOA costs surpassing their mortgage payments, owners of affordable housing appeal to City of Boulder (CO)
When Adam Perry got home one afternoon in August, he had a notice on the door from his homeowners’ association (HOA) announcing the roofs around the Iris Hollow condominium complex were in dire need of repair. The notice said, “there’s a special assessment coming and it’s going to substantially increase your dues,” Perry recalls. “I […]
Loophole Around Mandatory Condo Director Training?
In one of our recent posts, we discussed the consequences for directors who fail to take the mandatory condo director training within the allotted time. A few readers wondered whether they had found a loophole around this obligation. Today, we thought we’d share it with you. Read the article……………….
Peter Hunt, Amherst condo company pay $104,000 over leaky pipes (NY)
Hunt Real Estate Corp. CEO Peter F. Hunt and an Amherst condominium development he sponsored have agreed to pay $104,300 to the development’s condo association for failing to disclose pipe leaks and corrosion to homebuyers. Read the article…………………..
“People are pissed”: Residents of Aurora’s Heather Gardens demand answers after deadly gas explosion (CO)
Angry residents overflowed the Heather Gardens clubhouse in Aurora Tuesday to demand answers about a gas-leak explosion Friday night that killed an 82-year-old resident and leveled multiple homes. They left even angrier after receiving precious little information from Aurora Fire Rescue and their own community leaders. Read the article………………….
Mayor Caldwell vetoes bill giving condo owners more time to comply with fire safety law (HI)
Mayor Kirk Caldwell today vetoed a bill that would have given condo owners an extra two years to comply with requirements of a fire-safety law enacted in the wake of the fatal Marco Polo fire in 2017. The City Council last week by an 8-0 vote passed Bill 72, which gave condo owners an extra […]
Regalia’s condo association alleges flawed design, building code violations: lawsuit (FL)
Regalia’s condo association is suing the developer, contractor, architect and a laundry list of subcontractors for alleged design and construction defects and damage to the 47-story luxury condo tower in Sunny Isles Beach. Read the article………………
What to do about Nightmare Renters (UT)
Oftentimes HOAs feel as though their hands are tied when dealing with problem renters. All one needs to do is a simple Google Search to see a litany of ugly situations. Luckily, HOAs have a variety of remedies that can be pursued to ensure that association rules are being followed by everyone, including renters. Read […]
Skokie condo owner files suit against Park Ridge law firm over nearly $50,000 assessment (IL)
Skokie resident alleges a Park Ridge law firm failed to investigate assessments on a condo unit on his behalf before he purchased it. According to the complaint, the plaintiff retained the defendant’s services when she purchased a condo in October 2016. She alleges she learned in December 2016 that there was a special assessment passed by […]
Western Wyandotte County neighborhood hopes crosswalk forces drivers off gas (KS)
A neighborhood in Kansas City, Kansas is working to get drivers to slow down in a new way. At first glance, drivers coming up on a crosswalk in western Wyandotte County might think there’s something in the road and slow down. And that’s the point. Read the article……………
Is There a HOA and Do I Care? Not All Restrictions Are Equal (NC)
One duty of a real estate closing attorney is to research the history of title to a tract of real estate and, as a part of that title search, determine what restrictions, if any, are attached to property being purchased. Restrictions are generally attached either through the agreement of several property owners to be bound […]
Ask Val: Finding Savings in Your 2019 Condo/HOA Budget (VA)
Question: I’m the Treasurer at [redacted Condo Association] and we’re working on the 2019 budget. What’s a good way for us to save money in the budget without compromising the health and maintenance of the building? Read the Q&A………………..
How to Host an Effective Board Orientation
Orienting a community association board is no different than onboarding a new team member – the first 90 days are critical to success. Regardless of your role on the community management team, if you take the time to get to know the board members, align expectations and educate the board about their role in the […]
Tort Liability and Short-Term Rentals: What Owners and Community Associations Should Know (VA)
The internet has undoubtedly changed the way people work, shop, travel, and consume. The internet, specifically Airbnb, is also changing how people view and arrange for housing. According to AirBnb’s website, over two million people book on AirBnB each and every night. AirBnB has listings in over 81,000 cities in over 191 countries. Short-term rentals […]
Homeowners’ Issues Can and Frequently Influence How Boards Work
Homeowners’ Q&A: I own a small condominium in a mid-sized building in Chicago. I pay around $500 per month in assessments, and the building has more than $600,000 in reserves. The association hired a consultant to deliver a reserve study to the board, but it has not been posted to the condo building website. Read the […]
HOA Statute of Limitations
If you live in a home, condo, apartment, or dwelling that is part of a Home Owners Association, you already know that you are required to pay HOA dues each month, as well as certain special assessments while you reside in the association. While they are necessary to proper maintenance of the association’s collective properties, […]
Suit Claims Massive Mismanagement at Acropolis Gardens (NY)
Here are a few of the fruits of mismanagement. Leaky ceilings. No hot water. Asbestos exposure. Ballooning debt. Rising monthly maintenance. Misappropriated funds. And the maraschino on the sundae: foreclosure. These problems have led Michael Leifer, a shareholder at 618-unit Acropolis Gardens in Astoria, Queens, to bring a derivative shareholder suit against the co-op board […]
Can the Reserves Be Adjusted for Items Costing More Than Planned For?
Picture yourself in this scenario: The clubhouse needs a new water heater and it will cost $10,000. But all prior reserve studies that have been done in the association have only allocated $6,000 for replacement. What are the board’s options to make up the additional $4,000 difference? Read the article…………………..
Neighborhood uses high tech to fight back against crime (TN)
Every car from its color to its tag gets photographed, saved, and sent to a database that Ron Carlson and other homeowners in the Stockett Creek community can look up if there’s ever a crime. “If there was an incident, we can open it up for a homeowner,” said Ron Carlson, a volunteer with the […]
Demver neighbors frustrated by massive sinkhole, lack of options (NC)
Flyers will be posted in a Denver neighborhood on Tuesday asking neighbors to park their cars on the opposite side of their street because of a massive sinkhole. Emergency crews say they aren’t sure if the emergency bridge and what’s underneath can withstand coming rain. Read the article……………….
Condo deductible dispute arises from 60-gallon flood (BC)
When a store on the main floor of a condo building suffered $25,000 in losses from a flood, the strata corporation was on the hook for the $5,000 deductible. The strata corporation tried to recover the $5,000 deductible from a plumbing firm, but the plumbing firm is not responsible, the British Columbia Civil Resolution Tribunal […]
Stafford leaders tighten rules on septic fields (VA)
Stafford County residents have experienced problems when using community septic systems which are located in common open space such as a neighborhood. They are usually maintained by a homeowners association. Many of these failed systems were developed decades ago. Read the article……………..
Strata Developers must act quickly to comply with new Assignment Registry requirements (BC)
On November 5, 2018, the provincial government of British Columbia approved amendments to the Real Estate Development Marketing Act and the Real Estate Development Marketing Regulations, in order to facilitate disclosure of information to provincial and federal authorities. Effective January 1, 2019, these amendments will require developers to (among other things): Read the article……………………
Neighbors claim cars being towed from driveways in Greenacres (FL)
Neighbors in one Greenacres neighborhood claim they are having a very hard time to simply park their car around their own homes. They say the problem lies with HOA parking rules that they believe are just too strict. Now, those neighbors have had enough. Over the weekend, a petition was started at Joggers Run Townhomes […]
The Latest Trends in Home Security (NYT)
New technology lets you use your cellphone to buzz people into your building or turn off the stove. You can even get a robot to patrol your apartment complex. Read the article…………………
Board election dividing Wayne condo (NJ)
Unit owners at Brittany Chase have launched a mutiny to unseat two of their neighbors from the condo association’s board of trustees, which they say is to blame for the community’s financial woes. The 395-unit complex of condominiums and town houses has endured months of turmoil, breeding suspicions among a dissident group of owners that […]
There’s a new plan to stop Millennium Tower sinking — and settle lawsuits (CA)
All sides in the Millennium Tower debacle appear to be nearing an agreement on a $100 million-plus fix to stop the 58-story high-rise from sinking further — but at least part of the building’s tilt will probably remain. “We’re very encouraged by the recent progress that has been made,” said P.J. Johnston, spokesman for Millennium […]
The Condominium Fire Sprinkler Retrofit and Engineered Life Safety Requirements (FL)
There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants […]
Directors Usually Permitted To Hold More Than One Office (FL)
Q: Can the president of a condominium association also serve as the treasurer? None of the other board members would accept the treasurer’s position, and our president now has a dual role. Read the Q&A……………….
Can a board member be removed for breaching fiduciary duties? (FL)
Q: Is a board member who fails to obey the terms of certain provisions of the statute breaching his fiduciary duties and will he automatically be removed from the board if he is? Read the Q&A…………………
Procedure to convert to pooled reserves (FL)
Q: Can a condominium association board vote to convert from straight-line reserves to pooled reserves without a membership vote? Read the Q&A……………
Legal Tools at Your Disposal to Make Your Responsibilities as a Board Member Easier (FL)
I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to day operations. This article will review some of these tools. Read the article……………….
Condos, HOAs, and Written Inquiries (FL)
Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues. The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act states that when a unit owner of a residential condominium files a written inquiry by […]
Owner changes mind about who will vote
Q. I gave my proxy to another owner to vote on my behalf in the upcoming election at our association. It now appears that I will be able to attend the annual meeting in person. If I attend the annual meeting, can I vote or do I have to permit the person to whom I […]
Chicago City Ordinance O2018-3239
The City of Chicago passed an Ordinance, effective May 25, 2018, that amends the Chicago Condominium Ordinance. The Ordinance now provides that owners may inspect, examine, and copy the names, addresses, and weighted vote of all members entitled to vote and, importantly, the Ordinance confirms that condominium owners do not have a right to inspect, […]
Bayou Pointe Condo Owners Claim Crews Gutted and Removed Property without Permission (FL)
You’ve no doubt heard a few horror stories about people, forced to leave their homes due to damage from Hurricane Michael. Now there’s one that has also turned into a mystery. Residents at Bayou Pointe Villas in Millville, claim a restoration company has taken their property without their permission. Read the article………………..
Editorial: Why shut these crumbling condos out of state repair funds? (CT)
Debra MacCoy is considering all her options — including handing the keys back to the bank — now that she’s learned the crumbling basement in her condominium is ineligible for state remediation funds. Mrs. MacCoy isn’t alone. Nearly a quarter of the 772 homeowners who have reported cracking foundations to the state are also out […]
Board should not appoint manager without vote (NV)
Q: Our covenants, conditions &restrictions state the following: “Use of Agent. The association may by a 2/3 majority vote employ a person engaged in property management for the common-interest community for the performance of maintenance and repair and for conducting other activities on behalf of the association, as may be determined by the Board.”. We […]
Alcohol at HOA Events
Community events bring members together and enhance holiday spirit. At SpectrumAM, we want to help our boards provide a happy holiday season for their members, but it’s also paramount that the board act prudently when considering any actions that could cause liability. With the holiday season fast approaching, many HOAs will be hosting social events. […]
Sheriff: Deputizing Lakes of Four Seasons security too much of a liability pending state police probe (IN)
Lake County Sheriff Oscar Martinez said it would be too much of a liability to expand Lakes of the Four Seasons security’s police powers at this time and will instead wait for state police to conclude their probe of possible misuse of authority. Martinez said deputizing members of the private security team — which would […]