As the California legislature expressed in the stated legislative objective behind Civil Code section 4515: “The homeowners’ associations that operate the common interest developments (CIDs) are quasi-governmental entities with great power over the lives and property of their residents, including powers exceeding those of local governments. Unfortunately, those powers have too often been used to […]
No Soliciting Signs in an HOA
It’s Springtime, and homeowners’ associations are particularly attractive communities for commercial, religious, and political solicitors. The close proximity of homes, neatly manicured lawns, and accessible sidewalks lend appeal to neighborhood canvassers. So, what’s a homeowner to do if solicitations are not particularly desired? Read the article………………………….
1618 Sheridan Rd. Condominium Association v. Marshall Spiegel (IL)
In a collection of orders entered at the end of March 2019, Cook County Circuit Court Judge Margaret Ann Brennan ruled on several motions for sanctions, ultimately awarding over $1 million in sanctions against a single unit owner and his attorney. In so doing, Judge Brennan shone a spotlight on an all-too familiar phenomenon in […]
Right Now: HOA Headaches (KS)
When you live in a community with a homeowner’s association, sometimes they can have strict rules that can interfere with the personality you want to add to your home. A woman named Wanetta called Charlotte CBS station WBTV after she says her homeowner’s association yanked out her 10-year-old rose bush. It’s just one case from […]
ACLU says Wixom ordinance that allows neighborhoods to ban political canvassers is illegal (MI)
Should a neighborhood association have the right to ban political canvassers? A city ordinance in Wixom allows them to do just that. Now the ACLU has filed a lawsuit saying the city and the neighborhood association are violating canvassers’ rights. “I wasn’t aware of the ordinance. I didn’t know what was going on. I was […]
A Developer Controlled HOA
An HOA is created before the ground is broken for the first home. The developer-controlled board is more or less just in charge of keeping the community afloat until the community is finished (or mostly finished). In theory they have all of the same responsibilities that an owner-controlled board has, however, in practice, the board […]
This new Seattle high-rise condo tower will come with Teslas that residents can rent (WA)
A high-rise condo complex under construction near Seattle’s Pike Place Market will come with an interesting perk for residents: On-demand Tesla vehicles. Developers of The Emerald are partnering with Envoy Technologies, a Culver City, Calif. company that sets up on-demand vehicle pools for office buildings, hotels and housing complexes. Through Envoy’s app, residents of The […]
Judge reverses White Bear Lake water levels case ruling (MN)
The Minnesota Court of Appeals has overturned a victory for White Bear Lake residents in their lawsuit against the Minnesota Department of Natural Resources over the lake’s water level and the conservation of groundwater. Read the article………………….
Condo Board at 865 UN Plaza Overcomes a Trio of Tricky Problems (NY)
When Leonard Barish of John P. Lovett & Associates began managing 865 UN Plaza in 2016, he was greeted by a trio of vexing problems. First, the red-brick facade of the 16-story pre-war luxury condominium in the Turtle Bay neighborhood was in need of serious repair. Second, many of the 87 unit-owners were months behind […]
Lakewood Condo Pool Sex Segregation Discriminatory, Court Rules (NJ)
Swimming pool use times that are segregated by sex at a Lakewood condominium complex have been ruled discriminatory by a federal appeals court. In a ruling issued Monday, the U.S. Court of Appeals for the Third District ruled unanimously in overturning a lower court’s summary judgment that a schedule of segregated pool use times at […]
Florida Condominium Associations: What Is A Nuisance?
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a […]
Woman who stole more than $1K at Carlisle Barracks hit with new embezzlement charge in West Virginia
A woman who pleaded guilty last year to stealing $1,053 from the Root Hall Café at Carlisle Barracks is now accused of embezzling even more money from a homeowner’s association where she was the treasurer. Read the article……………………
Don’t let the state force expensive fire prevention systems on condos that were given the right to opt out (FL)
The following message is from FACTSS.org, a Statewide Steering Committee of volunteers who are concerned Condominium Association leaders from every area of Florida. FACTSS is committed to protect condo owners’ right to opt out of expensive fire prevention systems. An opt-out right that is threatened by pending legislation that is being voted on this week. […]
Condo Owners Are Still Fighting for Equal Access to Municipal Services
Condo owners usually understand that they give up some of the rights enjoyed by single-family homeowners. The right to paint their front door any color they choose, to play their music at any decibel level they choose, and even to smoke in their residences, for example, all may be prohibited by condo associations rules or […]
Gwinnett country club golf course could become 250+ senior homes (GA)
The country club currently has 27 holes of golf. If approved, the new development would leave the club with nine holes, a third of its current golf offerings. The remaining golf facilities would be on the western side of the course, according to documents filed with the city. A subdivision of 109 homes surrounds the […]
How to Manage Reverse Mortgage Expectations for Condo Owners
The difficulties that surround establishing a reverse mortgage transaction with a condominium as the liened property is a persistent issue in the larger reverse mortgage industry, and requires a degree of sensitivity from loan officers working with potential borrowers who are trying to use a condo as the basis for a reverse mortgage. Read the […]
Names of Unit Week Owners not Available in Timeshare Condominiums (FL)
Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations? Read the Q&A………………………….
When man’s best friend isn’t the neighbor’s (MA)
In the old days, when people in condos or apartment buildings gossiped about the neighbors, the targets were typically fellow human beings. But now? Let’s let Gayle Saks, a resident in a dog-friendly apartment community in Melrose, take it from here. “There was a yappy Boston terrier upstairs and that dog was a jerk,” she […]
WMATA Files Eminent Domain Suit Against Potomac Green HOA for Potomac Yard Metro (VA)
In an effort to keep the Potomac Yard Metro station project on track, the Washington Metropolitan Area Transit Authority is using eminent domain to purchase Alexandria land from the Potomac Green Homeowners Association. WMATA reportedly filed a civil suit in Alexandria after two years of failed negotiations and requested $50,000 as fair value for the […]
Poliakoff: HOA sports alterations may not require membership vote (FL)
Q: We are an HOA with 195 homes. Our amenities are a pool and a tennis court. Our board has decided that they want to get rid of the tennis court and replace it with two bocce courts and a shuffleboard court. Can this be done by the board exclusively, or would the homeowners need […]
Hoevers resigns as manager of BGPOA (CO)
Amidst questions surrounding unaccounted for finances, which have remained unanswered since 2014, the most recent Baca Grande Property Owners Association (BGPOA) general manager, Ayla Hoevers, resigned last week. No official resignation notice regarding Hoevers or employment notice for a new director has been posted to the BGPOA official website as of press time. BGPOA board […]
Are signed election ballots valid? (FL)
Q: At the recent annual meeting for my condominium there was a hotly contested election. Several ballots were signed by owners, thus no longer making them secret. The association rejected these votes. Should those votes have counted? Read the Q&A…………………….
Cleveland condo owners have had it with contractor delays (OH)
Sloppy work around a utility box, siding no longer attached, flashing around windows not fitting properly, buckled trim, all obviously flawed at the Landings in Avon Lake. “When we were having storms there was flooding in our basements because downspout were off for 6 months during this process. It was supposed to be 8 weeks […]
HOA Homefront: Homeowners want to know, can you quit an HOA? (CA)
Q: Is there a way to get out of our three-member HOA? Our home stands alone. The other two are connected. Thank you for your comment on this! Read the Q&A………………………
Condo in a Condo (ON)
Our firm represents a growing number of condominiums that are units (or more commonly parcels of tied land) within larger condominium communities. Layer upon layer of condominium. The top layer is often a common elements condominium. The other layer could be high-rises, a cluster of townhouses, single-detached homes, or a combination of them all! As […]
HOA Board Enforcement Policy Gone Wild? (CO)
How much can your HOA Board do without owner approval? When the HOA Board takes steps that can cost the owners money, like adopting an enforcement policy, owners get concerned. Enforcement policy usually involves fines and fees for non-compliance with the HOA covenants. Don’t all the owners get a say on that important of a […]
Condo flooding liability 101 (BC)
You are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy deductible, unless you can prove he was negligent. Read the article……………………
How Much Money Should an HOA Have In Its Reserve Funds?
Reserve funds are most commonly used by businesses or organizations as a means to prepare for the future. It is considered a highly liquid asset which is set aside to meet any future financial obligations. Reserve funds can come in handy whenever there are unexpected costs. Nevertheless, it is crucial for every organization to take […]
Fort Lauderdale man says condo association cited him for flying American flag (FL)
Lauer’s American flag flies right over his enclosed patio. But the condo association has since tweaked its rules on where the personal U.S. flags should be placed. “It’s very unfair, especially (because) there’s a lot of military and ex-military and disabled veterans that live in this complex, and they should be able to fly their […]
Goldenvoice suddenly cuts security subsidies to homeowner associations near Coachella music fest (CA)
Several years ago, in an effort to extend an olive branch to homeowners near the Empire Polo Grounds, concert producer Goldenvoice offered to reimburse homeowners associations for security costs incurred over Coachella and Stagecoach festival weekends. Gate guards and security patrols help manage the influx of tens of thousands of people that attend the April […]
Do You Swear to Tell the Truth, the Whole Truth, and Nothing but the Truth . . .
There are a number of ways an upset homeowner could choose to express their discontent with their association, the board, or another resident. They could raise concerns at a meeting, complain in writing, or even run for the board to try to make policy changes. Instead, unfortunately, sometimes they choose to interrupt, disrupt, shout over […]
Workplace Harassment in a HOA Environment
Workplace harassment and hostile work environments are nothing new for management professionals. Emotionally charged conversations can become uncomfortable and antagonistic for many managers. Unfortunately, such dialogue frequently crosses the line from demanding direction to demeaning personal attacks. Read the article……………………
HOA president pleads to misdemeanor in embezzlement case (MD)
South Hampton Homeowners’ Association president Ulysee Davis pleaded to one misdemeanor charge of fraudulent misappropriation Tuesday, the first legal outcome arising from charges brought against Davis and four others for allegedly stealing over $100,000 from the South Hampton Homeowners Association over the course of at least five years. Read the article…………………….
HOA Board Meeting Minutes – A Brief Overview
Although by no means glamorous, HOA board meeting minutes are an all-important piece of the HOA puzzle. You will want to master every aspect of them in order to help run your HOA smoothly. In this post we look at who’s responsible for the minutes; how to prepare them; what to include and (as importantly) […]
Election Voting Assistance (FL)
In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such […]
Neighborhood Under Construction For Those With Special Needs (AZ)
In what developers say is a first, an entire neighborhood of brand-new homes is set to hit the market that is specifically designed for adults with developmental disabilities. The development called Luna Azul is located in Phoenix. A model home and the neighborhood clubhouse and pool are slated to open in May, while the remainder […]
The Ups & Downs Of Elevators (NY)
When Gladys pressed the “9” button on the elevator panel, she heard a noise that could most generously be described as sounding like a train slamming into a wall. For most New Yorkers, this is a subconscious everyday fear, as each day involves multiple elevator rides. Although there’s nothing as annoying as being stuck in […]
Day of Reckoning for Trump Tower and Other Energy Hogs (NY)
Today’s the day. The New York City Council is expected to approve a bill that will require most co-op and condo boards to undertake costly retrofits to reduce their buildings’ greenhouse gas emissions. Known as Intro. 1253, the bill will require owners of residential and commercial buildings larger than 25,000 square feet, including co-ops and […]
Substandard Conditions Frustrate Orchidland Lot Owners (HI)
Attending my first general meeting in 1998, and several monthly board meetings after that, gave me first hand experience of the rough and tumble nature of unsupervised subdivision associations. From my perspective there was general confusion among active property owners about the nature of our association. As a result, I began to research the legal […]
The Cost of HOA Audits
Wondering if an audit is really necessary? Not all state laws require that HOAs conduct yearly audits, yet many associations budget for them anyway. Read the article…………………………
The Mailbox Rule and What it Means for Your HOA Community
Common to all HOAs are homeowners who are at one time or another delinquent in their association fees and payments. The association will send out delinquency notices to those homeowners to collect overdue payments and resolve the issue. When homeowners still fail to make payments, an HOA may be forced to take legal action. But […]
Options for HOA’s Facing a High Past Due Billing Rate
Assessment collection is imperative to keep an HOA running smoothly. Too often, HOAs find themselves facing a high delinquency rate. This affects both individual homeowners and the community as a whole. What happens when an association’s delinquency rate is too high? What options does the HOA have to collect? Read the article……………………..
2019 Legislative Primer Part II – Busy Year for Legislation Impacting Community Associations (FL)
Tension and excitement continue to build as we watch this year’s legislative session unfold. One of the pending bills that affects condominiums, cooperatives and homeowners associations HB 1075. The bill is over 100 pages so we cannot address all aspects of it in this article, but let’s look at some of the highlights. The bill […]
Taking Action Against Short-Term Rentals in Condos and HOAs: Fighting HB 987 and SB 824 (FL)
There are two bills: HB 987 and SB 824 dealing with the regulation of vacation rentals in community associations which are very detrimental to associations in Florida. Both could result in uncontrolled expansion of the use of services like Airbnb and VRBO in your condos and HOA’s. The first is HB 987, which would take […]
Can an Association Be Held Liable for Discriminatory Conduct of Residents? (FL)
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]
WATER LOSS: HOW TO APPROACH YOUR ASSOCIATION ABOUT WATER LOSS/DAMAGE IN YOUR HOME
Water intrusion and the subsequent damage it can cause (commonly referred to in the insurance industry as “water loss”) can occur at any time. While the rainy season in the greater Puget Sound region tends to strike fear in those with an older roof or less than perfect siding, the truth is, a water loss […]
Voter Apathy Not a Required Showing in a Petition to Reduce Percentage of Affirmative Votes Required to Amend CC&Rs (CA)
Amending a HOA’s Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) can be a challenging endeavor. This is true, in large part, to the onerous approval requirements imposed by the CC&Rs themselves. Indeed, many CC&Rs require a super-majority (i.e., 67% or more) of the HOA’s members to approve an amendment. Such requirements make it difficult for […]
Residents discover they’re paying fees to defunct HOA (TX)
When KHOU Investigates checked the status of the Inwood Forest Village HOA, we discovered it was involuntarily dissolved in July of 2007. Read the article…………………..
Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit (MI)
In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit. The court further held that […]
How to prepare for a community association volunteer role
A community association is no better than the board of directors that leads it. If an association is to be excellent, willing volunteers must be developed. Excellent board members understand that their position is one of service rather than control. They serve their neighbors; they don’t supervise them. A service-forward attitude results in a less […]