More than 80 birds, including one that was only a couple of days old, were seized from an apparent hoarder home in Rancho Bernardo on Wednesday, a San Diego Humane Society official said. It took a handful of Humane Society officers most of the day to remove the birds from the apartment on Avenida De […]
Condo Terminations – What Are They and How Do They Work? (FL)
The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. […]
Material Alterations
We receive numerous questions from our condominium association clients regarding proposed “material alterations” to the common elements. In general, the board is empowered with authority to maintain the common elements. Read the article………………………
Does Electronic Voting For Community Associations Really Work? How Do You Implement? (FL)
Q: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? Read the Q&A……………….
The Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
Retaining wall in danger of collapsing on homes, neighbors in NJ housing development say
Neighbors in Pine View Estates in Howell Township say there is a 20-foot retaining wall in danger of collapsing on homes. “As you can see my patio has collapsed,” said Bill Buckley, a resident. “The part that concerns me the most is the retaining wall.” Buckley’s home backs up to the wall. He says he […]
Bow hunters will cull the deer population in Rocky Point subdivision in Pewaukee (WI)
The Rocky Point Homeowners Association has made a concerted effort to remove deer from the area by collectively allowing deer to be hunted in the neighborhood. According to a 2019 deer management plan, the hunt began Jan. 22 and will last until Feb. 28 for volunteer bow hunters. The city may consider using sharpshooters in […]
HOA Meetings That Don’t Stink
We know. Your HOA runs like a well-oiled machine. The grounds are beautiful. Everything works. Your reserves are funded. Neighbors never fight. People always pay their fees on time. And nobody ever complains about anything…except the meetings. Yeah, right. Why are you here again? Read the article…………………..
Greenville residents battle developer over century-old cedar trees near Mills Mill (SC)
Former U.S. President and conservationist Theodore Roosevelt once said, “To exist as a nation, to prosper as a state, to live as a people, we must have trees.” It’s a quote that rings true for Greenville resident Eric Brown, who is spearheading opposition to a developer’s plan to cut down a grove of century-old cedar […]
Lake residents frustrated by algae in St. Pete (FL)
People living on Harbor Isle Lake in St. Pete are frustrated with the city over lack of plans to fix an algae bloom in the water. Geoff Davis says it smells, it’s an eye sore and that birds fly out of the lake covered in green muck. “The water has become so cloudy it is […]
Why Your Community Association Should Plan Like a Business
Community associations are essentially businesses, and board members should treat planning and budgeting the way they would approach corporation planning. Here are tips on how to start.
How Is Maintenance Calculated? Let Us Count the Ways (NY)
New Yorkers paid an average of $1.73 per square foot in co-op maintenance in the fourth quarter of 2018, according to real estate appraisal firm Miller Samuel. So for an 800-square-foot apartment, the monthly maintenance bill was $1,384. But that number can fluctuate wildly, even within a co-op. Here, according to Brick Underground, are the […]
New HOA law in effect in South Carolina
A new Homeowners Association law is now in effect throughout South Carolina. The law, first introduced in March 2017 and passed in May 2018, requires HOAs to be more transparent and gives neighbors a new way to report problems with their HOA. Some of the new requirements for HOA’s include documenting meetings and putting any […]
Homeowners get ‘re-leaf’ from Council (FL)
Normally, a dispute among homeowners in a gated community wouldn’t make its way before the Venice City Council. But one did Tuesday, and the Council approved an amended preliminary plat landscape plan for the Willow Chase subdivision. It all started a few years back when residents became concerned the live oaks planted in the right […]
Allenbrook roads in question (TN)
Residents in the Allenbrook community in Lenoir City are requesting action be taken to help fix roads in the subdivision that remain unfinished years after the developer went bankrupt during the recession and left without completing the job. Read the article………………………
A ‘kinder, gentler’ community starts with you
“Where is it written that we must act as if we do not care, as if we’re not moved? Well, I am moved. I want a kinder, gentler nation.” That was the late George H.W. Bush as he accepted the Republican nomination for president in 1988. Bush, of course, would go on to serve in […]
Lower Macungie OKs additional homes, but draws line on plowing the roads (PA)
Lower Macungie Commissioners last week approved plans for 42 homes to be built on a 21-acre tract at the northwest corner of Sauerkraut Lane and Indian Creek Road in a development called Millbrook Farms Phase 6. The vote came Thursday after extensive discussion about who would own and maintain the roads and a small park […]
When to Use Your HOA Reserve Fund
This article is the third in a series on reserve studies. In the first article, we discussed what a reserve study is and why conducting one is important for the financial health of your association. We also provided basic information to help you obtain a reserve study. We’ll discuss the difference between the reserve fund […]
Condo Property Assessment
Question: I read your column faithfully and was hoping you could address a small issue/question I have. Recently, I received from my association a bill for property tax assessment challenges. It appears the association took it upon themselves to hire a property tax attorney, without notice to the homeowners (or at least, I never received […]
Turning Over a New Leaf: Fixing Previous Board Mistakes
A board’s role is to govern and set the policies, procedures, standards, budgets and programs for an association. Some decisions boards make are extremely beneficial, while some don’t have a substantial impact, and others fail miserably. Unfortunately, when a board makes a bad decision, it isn’t immediately obvious, and a future board of directors may […]
Battle Creek Considers Funding Road Repairs At Condo Complex (MI)
The City of Battle Creek could be funding the cost of fixing a stretch of road in a condominium complex south of Lakeview High School. The Battle Creek City Commission will be considering Tuesday night a resolution which would authorize the city to fix up Woodhaven Dr, and then levy a special assessment on the […]
When a Renter Is a Hoarder, What’s a Co-op To Do? (NY)
The tenant in a rent-stabilized apartment in a co-op has turned into a hoarder. Neighboring apartments are being infested with mice and roaches. What should the affected shareholders and the co-op board do? Read the article……………………….
No word when second phase of changes coming (ON)
Lawyers are bracing for another wave of amendments to the Ontario Condominium Act, but there are questions about when they’ll be enacted and if the change in provincial government will alter the course of the previously laid plans. Given that lawyers and those who work in the condominium industry are still absorbing the first phase […]
AB 2912 Fraud and Embezzlement//Fidelity Bonds & Financial Review (CA)
It is no secret that community associations are often targets for embezzlement. But they are not alone. Newspaper articles tell us that it happens to various types of businesses and organizations, even attorneys and lawyer/bar organizations. Fraud and embezzlement seems more likely to occur when no one is watching those that control the checkbooks. And […]
Can You Claim HOA Fees on Your Taxes?
When the holiday season approaches, many homeowners begin preparing for the year ahead. Contemplating New Year’s resolutions is common during this time, and a popular resolution is to become more financially stable. One of the most satisfying ways to get money back into your pocket is through tax refunds. This poses the question of whether […]
Ask the HOA Expert: Board Meetings and Members
Question: We have one unit owner who is requesting copies of the most recent year’s financial records and meeting minutes. He seems to be irate because none of the board meetings were open to the members. We don’t feel that it is appropriate to give him copies of this information although he is welcome to […]
Rules on short-term vacation rentals can cause the most consternation in condo associations
Q: We are buying a vacation condo, which we plan to use in the winter months but also hoped to rent it in other months. We just learned that the condo association has recently adopted new rental rules. Current owners can rent with 30-day minimum stays. The new rule is that new owners now must […]
Taxpayers receive no help on private roads (OH)
It’s not just the city that has to scrape together funds to repair roads. Several residents are finding little help or money is available to fix their street if they live on a private drive. The about 20 property owners on Ginny Circle Drive just completed what they call “major road work” by resurfacing their […]
Meeting Tips #2 – Prepare TO Die? Or is it Prepare OR Die? Same thing!
The Five Ps: Proper preparation prevents poor performance. Think about meetings of any type you’ve attended where the participants were well prepared. Quality discussion, good decisions, the right balance of thorough and efficient, right? Board members are fiduciaries. They have been entrusted with taking care of association members’ assets. Their decisions can make a difference […]
Townhome, condo leadership breakfast group forming (MN)
A breakfast meeting group is forming for volunteer board members of townhome, condominium and cooperative associations in Dakota County. The next meeting will be 8 a.m. Tuesday, Jan. 22, at GrandStay Hotel and Conference, 7083 153rd St. W., Apple Valley. The meeting will enable board members to meet each other and to share information about […]
How do you avoid floor nominations in a homeowners association election? (FL)
Q: Our homeowners association election is fast approaching. In the past we had floor nominations and it is a very frustrating procedure. Can we avoid this? Read the Q&A column…………………………
Borneo: Sarawak to amend law to address strata title issues
The Sarawak government is looking to amend the Strata Titles Ordinance 1995. Chief Minister Datuk Patinggi Abang Johari Tun Openg said this is vital to resolve strata title issues for homebuyers. He said the issue is being discussed at the ongoing lab involving Minister of Local Government and Housing Datuk Dr Sim Kui Hian, Sarawak […]
HOA Homefront: What makes a director outstanding? Attitude
A community association is no better than the board of directors which leads it, and excellent associations require excellent volunteer leaders. Truly exceptional volunteer governance is not a happy accident, and it often has little to do with a volunteer’s background, training, and experience. Read the article…………………….
Subdivision lots subject to easement rights (FL)
Q: What homeowners’ association activity is allowed within “access easements” and “lake maintenance easements?” We own the title to our lots but these easements against our property are set forth in our documents. Does this give the association or other owners the right to come on our property? Read the Q&A………………..
Can directors vote via e-mail? (FL)
Q: I heard there was a recent change in the law which now prevents Board Members in a homeowners association from voting on matters via e-mail. Can you confirm this? Read the Q&A………………………..
Weekapaug residents and fire district engaged in high-stakes land dispute (CT)
Two couples who own property in Weekapaug are suing the Weekapaug Fire District and the Weekapaug Homeowners Association Inc., claiming they have legal rights to a portion of property known as Lot 6, which was given to the fire district in the mid-1960s. Read the article…………………..
Shutdown: With no owner in sight, Hunter’s Creek golf courses lie fallow (SC)
On a pleasant Friday afternoon, Greenwood Country Club golfers took to the course, their carts and bags visible through breaks in a tree line along Mathis Road. With temperatures expected to dip into the 20s over the weekend, Friday might have been the last chance for players to get in a round this week. Read […]
Strict labor laws and aging buildings put condo associations at risk (NY)
Condo associations in New York can have a tough go of it when it comes to strict labor laws that put the onus on them if a worker gets injured on their property, among other risks that are especially heightened in older buildings. Read the article……………………….
Cybercriminals duped attorney, made off with $200k in settlement funds (CO)
A Denver lawyer is being sued by a former client, which said the attorney was duped by a cybercriminal that ended up making away with more than $200,000 in settlement money. Dublin Terrace Townhome Owners Association Inc, which represents residents of a development in Colorado Springs, filed a lawsuit against attorney Michael Hearn and his […]
Tools to Help Co-ops and Condos Comply With City Regs (NY)
Complying with New York City’s rules and regulations has always been a big part of a property manager’s job. But now, as regulations proliferate at a dizzying rate, many property management companies have staffs dedicated to compliance, and those staffs frequently rely on computer software and the backing of compliance companies. The added cost, according […]
California Legislature Fixes the Law on Member Notice & Notice of Rule Changes-Amends Civil Code §4040 and Civil Code §4360
Through SB 261, the California Legislature fixed some issues with prior legislation and took a step closer to efficiency. This bill became effective in January 1st and amends the following existing sections of the civil code as stated: Read the article…………………..
How to Get the Most from Your HOA Reserve Study
This article is the second in a series on reserve studies. Last week, we addressed the importance of getting a reserve study done. This week, we’re going to discuss how to make the most of it. Spectrum Association Management always encourages associations to live below their means, but we recognize that preparing for future costs […]
Information Meetings and Condominium Records (ON)
Often times condo corporations will hold information/town hall meetings to update owners on current issues and also to get feedback from owners on various matters. Since these meetings are not considered owners meetings under the Condominium Act, the notice requirements and typical registration and meeting procedures do not apply. Read the article……………………
New subdivisions in Ascension Parish will have to pay for their own roads (LA)
The Ascension Parish Council passed a measure Thursday night that would require brand new subdivisions to either make their roads private or the parish will collect a fee to maintain them. That money would only be used for that subdivision. Read the article…………………..
EHT man pleads guilty in $352K theft (NJ)
An Egg Harbor Township man has pleaded guilty to stealing more than $350,000 while he was office manager for a Galloway Township condominium association. Ira Binder, 61, originally thought he would be paying back the money, attorney Steve Scheffler explained after the plea Thursday. Read the article……………………….
Emotional Support Animals
With the growing popularity of emotional support animals, condominium associations are increasing forced to confront the issue of whether or not to permit emotional support animals to reside in units at associations that do not allow pets. Emotional support animals differ from service animals in that service animals are specially trained animals that assist people […]
HOA ready to petition and take legal action to save neighborhood JCPS school (KY)
….Romines and Lynch said their HOA is ready to fight JCPS if that’s what it takes to save this school. They’ve already launched an online petition. “Hopefully, some good will come out of that,” Lynch said. “If not, we’re going to look at some other avenues.” Those “other avenues” might include taking legal action, they […]
Heather Gardens turned back over to HOA 2 months after fire, explosion (CO)
Two months after a fire and explosion killed one person and left two others injured at a retirement community in Aurora, the location has been turned back over the homeowner’s association. A release from Aurora Fire Rescue says that the department has finished the portion of their investigation that required them to keep control of […]
Mold, long dispute with condo board keeping man out of Sandy Springs home (GA)
Over a decade after being forced to move out of his Sandy Springs condominium due to mold, a man is trying to move back in but can’t yet because of a legal dispute with his homeowners association. Frank Thomas, who bought a unit at the Sutton Pines condos in Sandy Springs in December 1992, lived […]