It’s that time of year again, when rain, snow, and changing temperatures cause potholes to form, wreaking havoc on roadways, parking lots, and driveways. According to the American Automobile Association (AAA), pothole damages cost U.S. motorists roughly $3 billion per year. On a per-pothole-incident basis that comes out to about $300 per driver. Additionally, AAA […]
EV Charging Station Regulations (ON)
Recent changes to the Condominium Act regulations make it easier for both Boards and owners to proceed with installation of electric vehicle (EV) charging stations in condominium communities. However, increasing the presence of electric vehicles in condos still comes with challenges such as whether existing electrical systems can support high-voltage charging stations. Read the article…………………
Duck droppings cause New Port Richey neighbors grief (FL)
Patricia would like to see the ducks relocated. The non-native species can be humanely euthanized, but federal law says, they can’t be moved somewhere else. So if 75 percent of the homeowners are okay with that. A trapper can be hired to trap the birds and kill them. That trapping is up to the homeowner, […]
Strata Alert: BC Supreme Court confirms that commercial use restriction bylaws are enforceable and not an unreasonable restraint on trade
In a recent decision The Owners, Strata Plan LMS1590 v. Yip, 2018, the BC Supreme Court confirmed that commercial use restriction bylaws are valid and enforceable. The case stemmed from a dispute between the owner and tenant of a commercial strata lot in the Richmond Public Market. The Market, which is a strata corporation comprised […]
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 […]
Red Rock Ranch chosen for Firewise pilot program (CO)
The Waldo Canyon Fire was just miles away in 2012. Then, the Black Forest Fire burned across I-25 in 2013. Residents in the Red Rock Ranch HOA have watched mammoth wildfires burn all around them. Now, they’re turning that fear into action. The HOA of more than 200 homes became a Firewise community in 2017 […]
Judge wants all owners to answer for trash, blight at Fox Hollow Townhomes (TN)
The “complicated” problem of what to do about Fox Hollow Townhomes wasn’t untangled on Tuesday, but Environmental Court Judge Patrick Dandridge did rule that the next order of attack is to cite every owner at the deteriorating townhouse community. There are about 75 units still standing at Fox Hollow, but on Tuesday, only two owners […]
Norwood condo developer owes buyers a bundle (OH)
In September 2016, Scott Byron Call claimed to be indigent. Twelve months later, he claimed to be capable of financing a $12 million condo project. “We have actually commitments to finish the first phase,” Call told Norwood Mayor Tom Williams in a Sept. 6, 2017 public hearing for Legacy Lofts…….But now Call’s history includes a […]
Neighborhood tries to stop car burglaries (OK)
Christie Richmond, who lives on Tenkiller Dr. in southwest Oklahoma City, said she was surprised by what she saw on her surveillance camera early Monday morning. A picture from the camera shows a man she said broke into cars on her street with another person. “He comes up the sidewalk and walks up my driveway,” […]
Blount launches Stockbridge homeowner association alliance (GA)
In an effort to help residents stay engaged with city leadership, Stockbridge City Councilman John Blount has launched the Homeowner Associations and Residential Alliance. The group will be made up of area homeowner associations who seek to have an ongoing working relationship with the city. Read the article…………………
Kass: Using Independent Contractors
Question: It has been the practice at our condominium for the Board to permit independent contractors to work on our common elements without proof they are licensed or that they are properly insured (workers comp. and liability coverage). Everything I have read makes it clear it is important that the association not operate in this […]
Owner Fights Condo Over Emotional Support Dog
It was recently reported in the media that a Vancouver woman is fighting her strata association to keep her dog, Ember, which she claims is an emotional support animal. The owner, who has suffered from mental health afflictions since childhood says that she was able to stop taking medication after adopting Ember. She provided a […]
Myanmar: Condominium Registration Office established and Registrars appointed
On 14 September 2018, the Ministry of Construction (MOC) issued Notification 227/2018 (the Notification 227) to set up the Condominium Registration Office. Registrars in the respective Regions and States (save for Kachin State, Bago Region and Magway Region) have also been appointed under Notification 227. The Registrars will be responsible for registering the purchase of […]
6 Steps to Improve Your Condo and HOA’s Collection Practices Before the Next Recession
We’re all aware that the economy has a rhythm or cycle and is also referred to as a business cycle. When the cycle is on an upward trajectory people’s financial situation is improving and as the cycle turns downward their financial situation can deteriorate. The U.S. is experiencing the second longest economic expansion in post […]
Fining Procedures – Converting Fine to Assessment (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]
Deadline passes but jail time still possible for Simpsonville man fighting his HOA (SC)
A Simpsonville man continues to haggle in court with his homeowners association which says he has violated the covenants of Holly Tree Plantation. In January, Circuit Court Judge Robin Stilwell ordered Melchior Julien to pay more than $3,600 in attorney fees by Feb. 1 or the court could issue a bench warrant for his arrest, […]
Singapore: Strata Titles Boards to review mediation, arbitration processes
Disputes among condominium owners over issues from collective sale bids to water seepage could be more speedily resolved, with the Strata Titles Boards looking to improve its mediation processes. It said in its 2018 annual report released on Feb 1 that it will review the entire process of how mediation and arbitration hearings are conducted. […]
Association Cannot Restrict Board to Florida Residents
Q: The board of my condominium association seems to always be stacked with seasonal residents who want things nice for the few months they are there, and to cut costs for the rest of the year. A group of year-round residents would like to start a petition to change our bylaws to require that board […]
Residents near Mayacama Golf Glub partner with Cal Fire, parks officials on wildfire prevention (CA)
Jonathan Wilhelm had to quickly evacuate his home in the remote Larkfield-Wikiup area when the 2017 Tubbs fire threatened to torch his property. When he and his neighbors were cleared to go back to their houses, the devastation could be seen around their small Mayacama community, he said. In the aftermath, Wilhelm and a group […]
Phoenix HOA manager imprisoned for taking $1.3M from homeowners associations, officials say (AZ)
The former head of a Phoenix-based property management company was sent to prison for taking almost $1.3 million from several Valley homeowners associations, officials said. Harlow White, 77, of Gilbert, was sentenced Friday to 15 months in prison for stealing the money, which was used, in part, to cover approximately $300,000 in personal charges on […]
Landscape committee chairwoman wants to clean house (IL)
Q. Does a newly elected condominium board member, who is the new Landscape Committee chairwoman, have the right to “fire” five committee members of long standing? The chair gave no advance notice and had no cause, stating only that she wanted “new blood.” Read the Q&A……………………
Cybersecurity: Is Your HOA Protected Against Data Breaches?
What do Ashley Madison, Uber, Target, Yahoo, Ebay, Equifax, JP Morgan Chase, and Sony – companies that have incredibly diverse products and expertise – have in common? They have all been victims of data breach! These large breaches, which affected hundreds of millions of customers, have caused cybersecurity to become a common topic of conversation. […]
Centennial Lakes condo owners question fairness of parks fees (MN)
A group of condo owners are tired of paying more than the rest of the city’s residents to maintain Centennial Lakes Park. Homeowners from the Centennial Lakes Village condominium complex made their case at a Jan. 31 Edina Housing and Redevelopment Authority meeting, asking to be relieved of the $28 fee they pay every month […]
When can associations hold board meetings? (FL)
Q: The board of my community association held a board meeting at 2 p.m. during the work week when most of the owners were at work and could not attend. I always thought a board meeting has to be in the evening when most of the community is at their homes after work and can […]
Managing Board Conflict: How to Maintain Harmony
In a community association, it falls on the board to put out any fires that ignite among the property’s residents. But what happens when that blaze springs up between the board members themselves? Those who volunteer to serve on their community association or co-op board are likely to bring strong convictions – and personalities – […]
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…………………
Strata Alert: Tenancies, Rentals, and Licenses – What’s In a Name? (QC)
When enforcing restrictions on tenancies or licenses (often called short-term rentals) the term used in a strata corporation’s bylaws is paramount. This is the lesson to be taken from the recent case of Semmler v. Strata Plan NES3039, 2018 BCSC 2064. In Semmler, the strata corporation was a 201 unit recreational complex in the BC […]
Ice, ceiling cave-ins and flooding plague downtown condos (MI)
Is it the fault of the builder, the contractor, the city, the state inspectors who claimed everything was good to go — or simply Mother Nature. Regardless of who’s to blame, the residents and business owners in the downtown Fenton building are faced with months of clean up and repairs, after the pipes burst on […]
They Are Taking Our Common Area! (NC)
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose. The law requires “just compensation” to be paid when a taking occurs. What happens, however, when the property taken is common […]
The Importance of D&O Coverage
Personal liability for board members is always a concern. The CIOA requires associations to purchase property insurance, flood insurance (when applicable), commercial general liability insurance and fidelity insurance, but it is silent on the issue of Directors’ & Officers’ coverage. Even the Non-Stock Corporation Act does not mandate the coverage. Frankly, it’s one of the […]
Australia: Cladding fire risks have been known for years. Lives depend on acting now, with no more delays
The fire at the Neo200 building on Spencer Street in the Melbourne CBD this week has eerie similarities to the Grenfell Tower disaster. Fortunately, instead of 72 people dead as at Grenfell, only one person was hospitalised for smoke inhalation. Nevertheless, the building industry has responded straight from the Grenfell song sheet. Rydon, the main contractor […]
A Brooklyn Luxury Condo With Monster Arrears (NY)
There are arrears. And then there are serious arrears. And then there are absolute monster arrears like those racked up by the Chinese developer, Xin Development, at the Oosten, a 216-unit luxury condo building in Williamsburg, Brooklyn – a cool quarter of a million dollars or, to be precise about it, $252,752.23. Read the article………………..
Residents of La Bota Ranch appear in court after filing a lawsuit (TX)
Residents of La Bota Ranch met in court after filing a lawsuit against the Homeowners Association two years ago. In July 2017, a class action lawsuit comprised of La Bota Ranch residents was filed against the property owners, who are also the board members of the community’s two Homeowners Associations. The residents are claiming that […]
Waterfront? Homeowners with retention pond see property value spike (SC)
Mecklenburg County officials call homes with retention ponds in its backyard “waterfront property,” making home values skyrocket. With a higher value, they will have to pay more taxes. Read the article………………….
Cayman Islands: Britannia owners hire legal team to fight for golf, beach rights
Property owners in the Britannia Estates development say they plan to “vigorously defend” their rights to use golf and beach facilities at properties now owned by the Dart group. A liaison committee, representing the homeowners, released a statement Thursday saying covenants guaranteeing them use of those amenities had been an attractive feature in their decision […]
Rain washes away private road in Sterling Township, dozens stranded without funds for fix (OH)
According to the residents Pine Valley Drive floods often but it’s never been this bad. Newberry says the road started to flood early Wednesday morning. “We left this morning cause they were going to school and I was heading into work. We left this morning around 7:30 and it was right at the top,” said […]
Co-op Boards Are Not Quality-Control Watchdogs (NY)
Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that were not up to code – or actually dangerous […]
5 Ways Communities Can Work Together to Stop Non-Violent Crime
“A porch pirate stole my package!” We are seeing more and more posts like this come across our social media feeds. With over 7.6 million property crimes reported in 2017 and the use of eCommerce sites like Amazon on the rise, this story continues to repeat across the nation. Unfortunately, 87% of non-violent crimes like […]
Does Your Association Have Adequate Replacement Reserves?
Physical deterioration occurs at every community association with the same certainty that the sun rises every day! This inevitable phenomenon begs the one important question for boards and managers: Read the article…………………..
Kass: Insurance and Animal Bites
Question: My condominium association is overrun with dogs. We are concerned that someone will be injured, and we will be sued because we did not impose the proper precautions. What should we do? Read the Q&A…………………..
Snow and Ice Removal Tips (IL)
Chicago’s recent record-breaking cold temperatures presented associations with challenges and questions, which may not have been at the forefront of the board’s attention. These extreme cold temperatures may have left associations dealing with issues arising from burst or frozen water pipes. While not all associations had to deal with such severe scenarios last week, almost […]
Jefferson County residents concerned over dangerous potholed road (MO)
Jefferson County residents are having to maneuver their way around dozens of deep potholes on the main road in and out of their community near House Springs. The road is called Ruth Drive, it`s a private road and authorities say it`s putting people`s safety at risk. Read the article……………….
Iberville Parish residents say ‘not so fast’ to off-duty deputy hired to direct neighborhood traffic (LA)
Turns out, not everyone is happy with the way one neighborhood is dealing with traffic. The University Club Homeowner’s Association in East Baton Rouge Parish hired an off-duty sheriff’s deputy to direct traffic at the entrance to its neighborhood. The residents were so fed up with a lack of solutions from officials about traffic congestion […]
Refusing to Allow Modifications to Common Elements Can Amount to Oppression (ON)
The Condominium Act prevents condominium corporations from treating unit owners unfairly and differently from the rest of the owners. This obligation is found under section 135 of the Condominium Act (the oppression remedy). In Noguera v. Muskoka Condominium Corporation No. 22, the Corporation and its board of directors learned that not complying with such obligations […]
Litigation over lake level in hands of appellate panel (MN)
Attorneys representing the Department of Natural Resources (the appellant) and the White Bear Lake Restoration Association (the respondent) chose to spend their minutes arguing over the Minnesota Environmental Rights Act (MERA). That state law provides civil remedy to protect air, water, land and other natural resources from pollution, impairment or destruction. In its seventh year […]
More accusations arise from residents against Sunny Isles Beach condo management (FL)
Transgender artist Abigail Pereira has lived in Sunny Isles Beach for more than a year and is now the latest person claiming discrimination against the management of the Oceanview B Condominium building. “I had an incident in the garage of the building,” Pereira said in Spanish. “When I went to the office to talk to […]
Storms Turn Westlake Village Ravine Into Muddy Lake (CA)
The neighborhood was hit hard by November’s Woolsey Fire, which destroyed three homes in the area. There is a drain in the ravine, but it is clogged. When neighbors contact Thousand Oaks Public Works for assistance with the issue, they are directed to the homeowners association. Read the article…………………
Greenville County complaints about homeowner associations among highest in South Carolina
Homeowners in Greenville complained about their homeowners associations last year more than almost every county in South Carolina, according to the inaugural Homeowners Association Complaint Report released Wednesday. Richland County homeowners generated the most complaints with 53.2 percent of the total, according to the report released by the South Carolina Department of Consumer Affairs. The […]
Lawsuit blames companies for underground fire (AR)
A Bella Vista man sued today to force two companies and the Bella Vista Property Owner’s Association to pay the cost of extinguishing and cleaning up an underground fire at a one-time stump dump on Trafalgar Road. The cost of the work could be between $21 million and $39 million, Gov. Asa Hutchinson has said. […]
Condo owners win appeal over revising homeowner rules (FL)
A group of condominium owners have won a court appeal after the state’s Department of Economic Opportunity claimed that the association was not entitled to amend or revise its property owners rules. On Jan. 25, the U.S. District Court of Appeal of Florida, Second District granted a reversal of a lower court ruling that found […]