Following the Illinois Supreme Court’s January 25th, 2019 Decision in Rosenbach v. Six Flags Entertainment Corporation, condominium, townhome, and homeowner’s associations utilizing biometric-based technology (that is, employee timeclocks and other technology requiring a person to provide a retina scan, fingerprint, voiceprint, hand-scan or face-scan) can find themselves facing severe statutory penalties for failing to comply […]
Call 6: Carmel homeowner out $45K after HOA sues over wine truck in driveway (IN)
Spring is here and for many homeowners, that means a fresh coat of paint, new landscaping, or even a new deck or patio. But before you make improvements to your property, you might want to check you’re your homeowner’s association. When you live in a neighborhood with a community association, you agree to abide by […]
Charleston property manager gets prison for defrauding communities of more than $700K (SC)
A former property manager has been sentenced to federal prison for defrauding numerous homeowner associations in the Charleston area of more than $700,000. Karen Colie, 46, who owned Marshland Communities on Johns Island, was sentenced Tuesday to 2½ years in prison after she pleaded guilty last fall to one count of wire fraud. Read the […]
Taking Care of Business: A Strata Council’s Guide to Governing Short-Term Vacation Rentals
California Dreaming is a 120-unit residential strata corporation in Vancouver, British Columbia. Like many strata corporations, California Dreaming is grappling with increasing reports of owners using their strata lots for short-term vacation rentals. The Strata Council has also started receiving complaints from owners who are concerned with compromised building security, insurance coverage, and diminished enjoyment […]
Spring Creek candidates look at roads, HOA future (NV)
Roads and economic growth were some of the topics addressed in a candidate form for three men who are seeking election to a seat on the Spring Creek Association’s board of directors. Read the article…………………..
Your Community and the Law
If your community has a dreadful legal problem, one thing that doesn’t work is to not get real about the worst potential outcomes for your community. It doesn’t work to prevaricate, to use euphemisms, and to tiptoe around the subject because of the belief you’d be “negative” if you speak directly about the horrible things […]
Residents of Detroit Suburb Fight Anti-Canvassing Law (MI)
Political activists filed a First Amendment lawsuit Monday challenging “No Canvassing” signs in a Detroit suburb. Michigan Liberation, a nonprofit organization seeking “to end mass incarceration,” and three individual plaintiffs sued the city of Wixom and the Loon Lake Woods Wixom Homeowners’ Association. Read the article……………………
Unpaid HOA dues lead to lawsuit for Noblesville man (IN)
A Noblesville homeowner is upset after his homeowner’s association sued him over $150 in unpaid dues. Terry McMillen lives in North Harbour of Noblesville, a neighborhood located close to Morse Reservoir. “I like the neighborhood, I have good neighbors,” said McMillen. In October 2018, the North Harbour Property Owners Association filed a lien against McMillen’s […]
To Borrow or Not to Borrow? How Does the Process Work: Borrowing By-laws (ON)
We previously blogged about common myths regarding condominiums utilizing borrowing by-laws here https://ontcondolaw.com/2017/07/12/condo-financing-myths-debunked. Condominiums have three ways to raise money Read the article……………………..
Assignment of Lien’s in an HOA Community (TX)
A lien is a right to hold a piece of property belonging to another person until a debt owed by that person is paid. Associations have a lien – sometimes called a statutory lien – against all properties in the community. An assessment lien is an automatic claim that the HOA attaches to a property […]
HOA Homefront – Can associations limit dogs? One ‘pet’ is allowed (CA)
Q:Our homeowners association recently voted to update our CC&R’s. One section prohibits ownership of numerous breeds of dogs that the board considers dangerous. Since California law (Food and Agriculture Code 31683) outlaws dog-breed discrimination by counties and cities we are the only HOA in the region that bans ownership of certain dogs. Isn’t it illegal […]
40 Charleston area condo and apartment buildings involved in lawsuits over defects (SC)
Scaffolding is rising once again around a Charleston building where water intrusion required some tenants to move as construction crews tear down and replace sections of the relatively new exterior. The scene at East Central Lofts on Huger Street is not unique. Similar work is in progress on multi-family buildings in Mount Pleasant at East […]
Different Laws Govern Associations (FL)
Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? Read the Q&A………………….
What happens when a candidate has been on the board for 8 years? (FL)
Q: Our election for 3 open board seats will be held May 9th. There are certainly enough candidates on the ballot to fill the open positions. However, one candidate has been on the board for well over 8 consecutive years. I understand the Florida Statute 718.112.2.d.2 to permit re-election only if 2/3 of the votes […]
American flag flying high again in Wyndham veteran’s yard (VA)
Richard Oulton’s U.S. flag – the one that stirred controversy and earned him national headlines when he pledged to fly it despite a judge’s order more than 15 years ago – has returned once again to a towering flagpole in his front yard in the Wyndham neighborhood in western Henrico County, . Ordered by a […]
Want more smart buildings? Amp up the collaboration (ON)
“Smart technologies are defined by their interconnectedness,” points out an ACEEE report on the smart building markets. The companies that buy and sell them, however, are defined by their disconnectedness. Intelligent buildings have been a concept for decades (a quick search turns up a research report from 1991). Sustainability thinkers have been advocating them for […]
Poliakoff: Shares of co-op must be delineated in bylaws (FL)
Q: I own a co-op apartment in a complex of 31 units. My question is about shares, and how they are divided between the apartments. My shares are more than the other residents, given that my apartment is larger and is a corner unit. Can the association board members decide how many shares each unit […]
Springs discrimination? HOAs can avoid proposed dwelling law, others can’t (CO)
Outlying neighborhoods that are organized as state-registered HOAs (Homeowners Associations) will be able to stay R1-single-family if City Council adopts an ADU law for Colorado Springs, but older neighborhoods closer to downtown will be forced to change to de facto R2-two-family zoning whether they want to or not. This will in effect create two unequal […]
Tenant should be able to answer complaint (IL)
Q. Our condominium association issued a notice of violation to an owner regarding conduct of the owner’s tenant. The notice provided the owner with the opportunity for a hearing and described when and where the hearing with the board would take place. The owner thinks the tenant should be allowed to attend. Are tenants allowed […]
Insider Real Estate and Community Association Law Update April, 2019 (FL)
After entry of a final foreclosure judgment and foreclosure sale which did not satisfy the amounts owed pursuant to a promissory note and mortgage, the judgment creditor instituted a deficiency action seeking damages, interest, costs and attorneys fees. The deficiency action was filed less than five years after entry of the final judgment but more […]
CAT says no to owner’s request to see email addresses (ON)
The CAT released a decision confirming that owners are not entitled to receive email addresses provided by owners and mortgagees to the corporation. The case includes an interesting review of the relevant provisions of the Act and regulations related to the record of owners and mortgages and the exceptions to the right to examine records. […]
You’re Fired – Terminating Contractors Versus Employees (OH)
Most community associations utilize independent contractors to service their property. A general example of an independent contractor is an association’s landscaper who uses its own machinery, works on other properties, and is paid in lump sums. However, some associations hire employees who only work for the association, are paid by the hour, and are subject […]
Landslides plague west side neighborhood; homeowners want solutions (OH)
Several Legacy Condo owners in Harrison, Ohio, have complained to Fisher Homes and their homeowners association about their eroding backyards. “I don’t think it’s safe to be here, and every time I ask is it safe to be here, I get the runaround,” said one homeowner who wanted to remain anonymous. Read the article……………………
HOA Homefront: Can we limit dogs in our community? (CA)
Q: Our HOA recently voted to update our CC&Rs. One section prohibits ownership of numerous breeds of dogs the board considers dangerous. Since California law (Food and Agri. Code 31683) outlaws dog breed discrimination by counties and cities, we are the only HOA in the region that bans ownership of certain dogs. Isn’t it illegal […]
Police investigating after $60k vanishes from Colonial Heights HOA (VA)
The Conjurer’s Neck neighborhood is known as one of the nicest and wealthiest neighborhoods in Colonial Heights. “It’s a great neighborhood, quiet, its why we moved down here,” said resident Ricky Williams. “Very peaceful, quiet, people tend to keep to themselves,” resident Eric Cavey added. That’s a common theme for those who live in the […]
Five Mistakes to Avoid When Collecting Past Due Maintenance Fees
Your first encounter with a delinquent homeowner may catch you off guard, you may be unsure how to best handle this situation. At Axela, we specialize in homeowner association fee collections. In this article we will discuss the five mistakes to avoid when collecting past due Maintenance Fees Read the article………………………….
Alleged LOW embezzler pleads not guilty (VA)
Former Lake of the Woods Association financial manager Roy C. Mayberry remains in jail as he awaits a weeklong jury trial set for October. Last Friday, Mayberry pleaded not guilty to 15 charges—including money laundering and embezzlement—after officials said he stole more than $450,000 during his tenure with the east Orange County homeowners association. Read […]
Two new legal cases South Africans living in estates and complexes should know about
Complexes and housing estates remain a popular option for many South African homeowners because of the comforts and security they provide. However, these types of property schemes also introduce their own legal considerations that homeowners may not be aware of. Below BusinessTech looked at two recent cases that South Africans living in these types of […]
4S Ranch Water Reclamation Facility wins state award (CA)
It was named the California Water Environment Association’s 2019 “Small Plant of the Year” at the association’s annual conference on April 12……..The facility is on Dove Canyon Road in 4S Ranch and the recycled water produced there serves Olivenhain customers in its southeastern portion. This includes homeowners association common areas, schools, parks, streetscapes and golf […]
What Happens to the Homeowners Association Fee When a House is Foreclosed? (CA)
Common interest developments, such as condominium projects and planned-unit developments, usually involve an additional monthly fee. A homeowners association, or HOA, levies the same fee for each owner within the community. HOA fees fund the everyday maintenance, services and tasks of the HOA, and therefore are mandatory. The homeowner remains responsible for his share of […]
Condo owners, firefighters at odds over sprinkler requirements (FL)
The final week of the legislative session could finally bring an end to a long-running battle over condo fire sprinklers. In the 1990s, Florida law was changed to require all new high-rises in the state be outfitted with fire sprinkler systems. A decade or so later, existing hotels and timeshare complexes over 75 feet tall […]
Condo Association Projects: Remodeling Common Area Lobbies and Hallways
The lobbies and hallways of a condo association make an important first impression to residents, visitors, and potential buyers. Lobbies and hallways reflect the care—or lack of care—dedicated to the rest of the building. Remodeling these high-traffic common areas can range from simple painting to a complete makeover. Developing a plan and setting goals for […]
5 Crime-Prevention Tips from Police for HOA Board Members
While thinking about neighborhood safety may come naturally to you and the members of your HOA board, it can be difficult to get fellow residents to follow safety rules the board has set in place. If you’re having trouble convincing your neighbors that security should be a priority for all residents, consider passing on tips […]
Construction Defect Pre-Suit Notices: Here’s What You Should Know (FL)
When hiring a construction company to complete work, most people have expectations regarding the quality of work they’d like to receive. However, when the completed work is below expectations, and if a deal cannot be worked out with the company, a construction defect lawsuit may come into play. Read the article…………………….
HUD Rule Changes How HOA’s Address Neighbor Disputes
Historically, Associations have avoided interjecting in neighbor-to-neighbor disputes. Heavy walking, loud parties, surround sound systems, and slamming doors were just a few of the commonly voiced resident complaints, and up until now, the response from most Association Boards was that the residents must settle these matters amongst themselves. Read the entire article……………………………….
Who Pays the Property Taxes on a Golf Course Development in Florida?
Q. I am thinking about buying a home on a golf course development in South Florida. Do homes like that typically have their own property taxes or are taxes paid through the development? Read the Q&A…………………………
Vietnam veteran wins dispute with Henderson HOA over patriotic van (NV)
A Henderson veteran has won a battle with his homeowner’s association. Back in March, News 3 reported Neil Johnson was getting citations from his HOA in Palm Hills, warning him that he could face penalties for his flag-wrapped van in his driveway. Read the article………………………
HOA legal dispute: SC homeowner claims Simpsonville association making ‘life unbearable’ (NC)
A Simpsonville man said he’s done everything that his homeowners association has required him to do. He even paid $3,641.74 in attorney fees to resolve a long-running court dispute. But Melchior Julien said in an email that the Holly Tree Plantation Homeowners Association is still trying to get him out of the neighborhood. He called […]
New Flying W Ranch fence irks Mountain Shadows (CO)
A new wildlife fence under construction surrounding a portion of the Flying W Ranch is drawing concern and criticism from residents in the Mountain Shadows neighborhood, where 346 homes and the Flying W Ranch itself burned in 2012’s Waldo Canyon Fire. Read the article………………………
How to Reflect a Positive Community in an Association
In today’s modern, social media-centric world, reputations can be built up or destroyed in an instant. A video clip captured on cell phone of a good Samaritan pulling a trapped puppy to safety from an open drainpipe goes viral and instantly propels them to hero status (at least for their 15 minutes of fame); while […]
Charleston’s Longborough Park battle over docks nearing a close — 13 years after it started (SC)
Thirteen years after a local homeowners association filed a lawsuit against its developer and fought Charleston officials over who gets access to Longborough Park, the city is close to putting the controversy to rest. The city plans to acquire the roughly 0.62-acre spit that juts into the marsh off Mary Ellen Drive and build a […]
Jury exonerates Vail property manager in defamation suit (CO)
A Vail Valley property manager was wrongly accused, and the people who falsely accused him lost a defamation case. After a two-week trial, a jury awarded Dale Bugby $150,000 — $50,000 each from the three people named in the defamation lawsuit: Barry Coleman, his wife Jan Coleman and Brian Wilson, a board member with the […]
Dallas developer defends water, governance at Possum Kingdom Lake resort (TX)
Embattled Dallas developer Mike Ward took the stand on Tuesday and adamantly defended the water and sewer systems in one of his upscale communities on Possum Kingdom Lake. Ward balked when an attorney representing property owners at The Cliffs Resort said that he and his Double Diamond Utilities company had “failed miserably” at providing clean […]
Southeast Bend neighbors sue over vacation rental (OR)
A southeast Bend homeowner is suing her neighbor because the neighbor is operating a permitted short-term rental that violates the covenants and restrictions of the community. The vacation rental’s owners, Tina and Eric Eckstein, could not be reached for comment regarding the property on Bilyeu Way in Canal Crossing. Read the article…………………
Facing city lawsuit, Lake Elmo homeowner’s association wants to keep trails private (MN)
A Lake Elmo neighborhood wants to keep its trails private, but a lawsuit from the city may make the trails open for all to use. “We are willing to work with the city, it’s just surprising to have a lawsuit suddenly thrown at you,” said Nina Cooper. It’s a case that pits the City of […]
Made in the HOA: 5 steps for effective community association leadership
Some volunteers who have served on a community association board have realized that much of what works for them in their day job doesn’t work as well in the context of board governance. That’s because, in an association, no single person is in charge. Decisions are made by the consensus of board members, so the […]
Common Area Solar Lighting | Ideas and Benefits for Your HOA or Condo
Solar lighting is an eco-friendly way to light your HOA common areas. The large amount of solar light products on the market can easily overwhelm anyone. Identifying the areas you want to illuminate is the first step to choosing the best solar lighting that will best benefit your members. Let’s take a closer look at […]
Icon condominium owners fight developer for reimbursement following pool structure issues (TN)
Condominium owners at the Icon in the Gulch were forced to pay nearly $1.1-million to rebuild their pool after an inspector deemed it was at risk of collapsing. Now, residents are demanding that the developer reimburse them for the project. There were cracks in the pool, and 1,000 gallons of water leaking every day into […]