Undocked electric scooters are popping up in cities all over the US as more and more companies such as Lime, Uber, and Lyft jump on the growing trend. These devices aren’t just appearing in major metropolitan areas but can be found in cities all across America. Lime alone has scooters in over 90 US cities, […]
Condominium column: Electronic voting helps associations get enough participation for changes (FL)
Q: Hi, I live in an HOA that has more than 500 homes, and almost every year at our election, we don’t have enough people to show up to have a quorum so we can’t hold our meeting and we can’t have our election. Read the Q&A…………………………….
When association takes possession and leases out a unit, it may be liable for damage caused by renter (IL)
Q. I am a unit owner in a condominium association where the association took possession of my unit due to an eviction lawsuit for unpaid common expenses. The association had possession of my unit for two years and leased my unit to pay down my delinquency. However, when the unit was returned to me as […]
Residents Try To Recover After Destructive Apartment (condo) Fire (CO)
Multiple families are without a home after a fire tore through their condominium in the early hours of Dec. 21. The fire started ?around 1 a.m. at the Greystoke Apartments on South Reed Street near Wadsworth Boulevard and Chatfield Avenue. Read the article………………………
Avoiding Election Pitfalls (FL)
Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Read the article………………………….
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
5 Ways You Can Help Homeowners Follow HOA Rules (NJ)
It is common for homeowner associations (HOAs) to have rules in place for residents to follow. The goals of these HOA rules are typically to encourage a positive community, maintain property values, and create a safe neighborhood. While the intentions are good, some homeowners may overlook their helpful nature. Read the article…………………………..
Smoke Detector Alerts Palatine Residents To Condo Fire (IL)
A smoke detector alerted a resident to a fire in a Palatine condominium building, which allowed everyone to evacuate their homes without injury. Upon arrival, firefighters accessed the second floor and found smoke in the hallway. After they entered the unit, they found smoke and flames. The initial firefighters on the scene used a pressurized […]
Diamondhead mayor files lawsuit to get POA privileges restored (MS)
Diamondhead Mayor Tommy Schafer is fighting to get back into the country club, and he’s doing it with a lawsuit against the Diamondhead Property Owners Association. Schafer was suspended from using all POA amenities for six-months following an argument with the POA president that turned physical. Read the article……………………………
Conservation and homeowners associations can go hand in hand (FL)
As a lifelong Florida resident, I have seen the population explode from roughly 4 million to over 20 million residents in my lifetime. And since I have been involved with many of the growth and building industries, I have had a court side seat to see how development has changed. Read the article…………………………..
Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation? (FL)
Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community. Both Fla. Stat. §720.308(6) and §720.308(4)(b), prohibit a developer from using […]
Residents displaced by Bankview condo fire out at least 16 months (AB)
Residents displaced by a fire two weeks ago have been told they won’t be able to move back into their homes for at least 16 months. Valhalla View in the Bankview community went up in flames less than two weeks ago, forcing residents in the building’s 56 units to make home elsewhere. Read the article……………………………
State denies condo owner $2K rebate for energy efficient air conditioner (NJ)
Anthony and Patricia Schinella own a condo in Wildwood Crest. They pay their property taxes. They pay their condo association dues. And at the end of the summer, they paid for a new air conditioning system. The chose the system in part because they were told it was eligible for a $2,000 rebate from the […]
Lawsuit Claims Condo Board Misused Common Fees (CT)
The directors of a Heritage Hill Road condominium association violated state law by using common fees to effectively expand their own personal patio areas, according to a lawsuit filed last month. The nine board directors of the Oenoke Association voted in March to fund a privacy fence replacement project “as an excuse to illegally and […]
12 families homeless after condo fire in Mesa (AZ)
12 families are homeless after an condominium fire in Mesa. The fire broke out Friday afternoon at the Dobson Bay Club Condominium Homes off of Baseline And Alma School Roads. Read the article………………………….
Board members doing legal work for homeowner’s association may be unauthorized (FL)
Q: I live in a deed-restricted community governed by a homeowner’s association. The board has compiled a set of modifications to the deed restrictions and has emailed a new deed restriction document, with the new rules in red text, to all lot owners. This is the first time everyone has seen the proposed changes. Read […]
HOA Homefront: New Year’s resolutions for HOA directors (CA)
Many of us start the new year with commitments to improve, so why leave out the HOA? This four-part series suggests resolutions for association directors, homeowners, managers and service providers. Readd the article……………………………
Can parents intervene? (IL)
Q: The board of directors of our association issued a notice of violation to the 21-year-old sole owner of a unit, in connection with the owner’s violation of the association’s noise rules. The unit owner’s parents have been contacting our management company, insisting that the board deal with them about this matter, and that they […]
New Year means new resolutions for associations, owners (VA)
With 2019 ending soon, many people are making resolutions to make a change or start something new. Community associations and their residents should not be the exception. Here are just a few suggestions for resolutions to make 2020 a more positive and successful year for your community. Read the article…………………………
Lawsuit filed over clear-cutting of lots (AR)
A class-action lawsuit filed by a group of Diamondhead property owners and residents claimed a Colorado developer is hurting property values in the gated subdivision and damaging the environment. The complaint filed last week in Garland County Circuit Court said Omni Home Builders at Diamondhead Resort Community LLC’s clearing of lots it acquired last year […]
Condo column: Can board tell owner to remove ‘unattractive’ satellite dish? (FL)
Q: A unit owner in our building mounted a satellite dish to the side of the building and it is unattractive. I was told owners can’t do this. What is the law on this? Read the Q&A……………………….
Clearwood President Resigns as HOA Lands on Steadier Financial Footing Through Special Election (WA)
Following a special election earlier this month during which measures to ratify the Clearwood Community Association’s 2020 budget and transfer funds to cover debt, among others, were passed by a large margin, President Aaron Lang announced his intent to resign…….While financial problems have been resolved, attention now turns to the litigation brought upon Dolanna K. […]
Are residences in Club West course’s future? (AZ)
The four men who walked away from a deal to buy Club West Golf Course have returned to the table and are presenting a plan to the homeowners association next month. The quartet of investors also may ask the HOA board to have homeowners vote on changing the golf course’s covenants, conditions and restrictions – […]
Homeowners Sue Aventura Isles Developers Over Chemical Contamination (FL)
Built atop an old golf course, a polished new Miami community was marketed as a “rare gem” with “pristine lakes and natural preserves.” Taking advantage of low real-estate prices in the wake of the 2008 collapse of the U.S. housing market, buyers gobbled up units. Read the article…………………………
Colorado Springs firefighters battle early morning condo fire (CO)
Firefighters are trying to figure out what sparked an early morning fire at a condo on the west side of town this morning. This happened at the Villla Sierra Condos off of Fontmore Road. The call came in around 3 a.m. Friday morning. Read the article………………………….
Deal to sell Oakmont golf club hits headwinds (CA)
It was a surprising reversal of fortune in a saga that seemed to have been resolved last summer. On Aug. 8, members of the Oakmont Village Association voted overwhelmingly to raise their own dues up to $17 a month, with the express purpose of buying the money-losing Oakmont Golf Club. Read the article……………………………..
Howell demands Wall, developer take responsibility for flooding: Lawsuit (NJ)
Besides Wall, the lawsuit names as defendants Howell Properties LLC and Pine View Estates LLC jointly as a developer, as well as their managing member, the development’s homeowners association and Crest Engineering Associates Inc., which Howell claimed designed the basin. Read the article………………………..
Year in Review: WMBF Investigates looks at HOA complaints, pool companies, more (SC)
2019 has been quite the year, from HOA complaints to property scams to construction issues. One investigation that impacted so many was an investigation into pool companies along the Grand Strand. Read the article……………………………
Dog Parks: Best Practices for Limiting an HOA’s Liability Exposure
One of the many benefits of living in a homeowners association (“HOA”) is the amenities provided to its residents. Common amenities include recreational rooms, pools, and fitness facilities. One amenity gaining in popularity is designated for the community’s canine companions: dog parks. Dog parks provide dogs with a designated off-leash area where they can run, […]
Where to Look for Winter Damage in Your HOA
Winter is a harsh time for any building or structure. Between the ice, extreme cold, and the variable moisture penetration, almost anything degrades over the course of a snowy winter. As a community association, your job is to help make sure that both homes and common areas are safe as your community enters winter and […]
Residents fuming after HOA tows cars with no warning (NV)
Homeowners associations are supposed to make things easier and better. But a hard-working family reached out to 13 Investigates claiming their HOA is making life harder by targeting homeowners’ cars using predatory towing tactics. Read the article………………………….
When condo owners’ must vote to approve changes (ON)
The developer of our townhouse condo had a bylaw passed that amends the corporation’s declaration. It adds 49 parking units to the description of the property. And it modifies the allocation of the corporation’s common expenses amongst the unit owners. This is all provided that 90 per cent of the owners vote to approve the […]
Condo building evacuated for gas leak on Christmas night (ND)
A gas leak was reported at 4:52 p.m. Wednesday at Cedarholm Condos, 3002 10th St. N. in Fargo. Its residents were evacuated, according to Captain Ryan Viergutz with the Fargo Fire Department. He told a WDAY News crew on scene they have to dig through the frost to access the broken pipe. Read the article…………………………..
This Is Not What We Assumed! Developers & Strata Corporation Dispute Cost-Sharing Provisions (BC)
In Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2019 BCSC 112, the case involves a dispute between a strata corporation known as “Firenze” within the “International Village” development, and Interville, its owner developer and remainder owner. Prior to depositing the strata plan which created Firenze, Interville had entered into easements amongst the […]
Fire breaks out at Catskill condominiums (NY)
Fire broke out Tuesday afternoon at the Catskill Creek Condominiums. Just before 4, a caller told Greene County 9 1 1 that their home at 14 Marina Drive was on fire and their dogs were still in the building. Read the article………………………..
Cutting The Red Tape: New Condo Regulations Coming To Alberta January 1, 2020
On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […]
Fire at condominium displaces three residents; no injuries reported (NC)
A fire at condominium Monday night displaced three people living there, but no injuries were reported, authorities said. Read the article……………………….
Homeowner Associations, Section 1717: $220,000 Fee Award To HOA Under CC&Rs Fees Clause Was Proper (CA)
HOA and HOA directors were awarded $220,000 in attorney’s fees against an unsuccessful plaintiff bringing a suit to challenge HOA’s policies and CC&Rs about parking and the permitting process, as well as enforcement thereof. Read the article………………………….
Co-op and Condo Boards Must Repair and Maintain Sidewalks (NY)
Co-op and condo boards cannot afford to forget one of the more curious aspects of running a building in New York City: the city owns most of the sidewalks, but the city isn’t responsible for taking care of most of the sidewalks. Read the article………………………..
‘I almost died tonight’: Man faces 12 counts of attempted murder related to condo complex fire (CO)
The man who’s accused of intentionally setting a fire at a condo complex over the weekend said “he was cleaning it [the building]” and the “fire got a little out of control,” according to an affidavit for his arrest from the Jefferson County Sheriff’s Office (JCSO). Read the article……………………………
Religious Discrimination Fair Housing Case Settles for $40,000 (CA)
Just this week, the California Department of Fair Employment and Housing (DFEH) announced that it settled a housing discrimination case involving a condominium owner who alleged her homeowners association and management company violated the law by refusing to permit the resident to display a mezuzah (a small religious object placed on the door of many […]
Malta seeks to take over snowy roads in development (NY)
Shoddy snow removal at the top of Travers Meadows development over the past two winters is prompting the town to try to take over the roads so residents don’t have to face a third snowy season of difficult driving and walking. Read the article……………………….
Legal Update: Parth – Trial Court Decision (CA)
In 2016, the Court of Appeal released its opinion in Palm Springs Villas II Homeowners Association, Inc. v. Parth (2016) 248 Cal. App. 4th 268, causing much discussion in the common interest development industry. The Court of Appeal reversed the trial court’s grant of summary judgment in favor of defendant Erna Parth, finding that there […]
In The Woodlands, a senior community fights back against feral hogs (TX)
The Woodlands, about 30 miles north of Houston, is a master-planned suburb designed to be in sync with nature. Deer and armadillos wander through Windsor Hills in the development’s northeast corner. Hogs nosed around before, too, said Rob Miller, president of the homeowners association. Read the article…………………………..
Septic vs. geese debate over elevated E. coli in East Grand Traverse Bay (MI)
Tom Reed, president of the Inwood Harbor homeowners’ association, said it’s true there are a “massive amount of geese” there in the spring each year. He also said it’s true every home is on a septic system, many of which are multiple decades old and could be failing. But the association isn’t going to force […]
Court holds off on deciding case of Loveland woman foreclosed on by HOA (CO)
A district court judge said Thursday that she will wait to rule in the case of Loveland resident Martha Hummel, 70, who was foreclosed on by her homeowners association after severe depression rendered her homebound and her automatic dues payment system stopped working. Her “status quo” decision means Hummel will be allowed to keep her […]
Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020
On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […]
She occupied a Valrico house with a false deed. Now’s she trying to get this Tampa house, neighbors say (FL)
This week, the Gregorys went to a meeting of their homeowners association and suggested that its attorney send a letter to Citibank. Board member Ashley Gray said she is uncertain whether the association legally can do anything since the dues are being paid, although it is unclear by whom. “Anytime a situation is brought up […]
Condominium budget varies greatly depending on type of property and amenities (FL)
Q: Is there a “rule of thumb” for the total dollars in the operating budget based on the number of units? E.g., for a condo building with 100 units, is it a reasonable expectation that budget will not exceed $800,000? Read the Q&A…………………………
Middleburg Hts. officials troubleshoot Wexford Glen detention pond problem (OH)
A frequently clogged detention pond outlet in the Wexford Glen neighborhood in Middleburg Heights has become a concern for residents living in the 50-home community. Councilman Bill Meany assembled city officials and met with Pat Greco, Wexford Glen homeowners’ association president, at a special Dec. 9 meeting to troubleshoot the problematic pond. Read the article…………………