I’ve talked to many community board members that are interested in self-management but have doubts it will work for them. There are clear benefits but who will do all the work? A major theme we hear is the desire to self-manage your HOA or Condo but will volunteers do the work? The primary benefit is […]
Hygiene in Shared Amenities: Keeping It Clean
One of the biggest perks of modern multifamily living is the all-inclusive, amenity-rich building or HOA. Depending on your own building’s offerings, you can go to the gym, swim, have a spa treatment, entertain your kids in the community playroom, or even take in a movie. When you add in food delivery services, work-from-home arrangements […]
Court of Appeals Upholds Condominium Association’s Collection Action (WA)
The Washington Court of Appeals recently ruled in favor of a condominium association in an assessment collection dispute. The Court affirmed the association’s power to levy regular and special assessments for common expenses and its perfected lien on the unit. Read the article…………………
Woman Evaluated After Spraying Ammonia On Neighbors (FL)
Hazmat crews were called to the Deer Pointe Townhome Community in Deerfield Beach after a bizarre chain of events. The Broward sheriff s office says it started when they got a report of a woman spraying neighbors with ammonia. One victim had to be taken to the hospital. Then paramedics had to transport a deputy […]
Court rules Wausau Underwriters Insurance owes duty to defend in construction defect lawsuit (CA)
A federal court has granted an insurance company’s motion for partial summary judgment in a case involving one of its insureds which is facing allegations of manufacturing defective plumbing products for a condominium construction project. According to the March 29 order of the U.S. District Southern District of California written by Judge M. James Lorenz, […]
“Vaping” Rules Questioned (FL)
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? Read the Q&A………………………
Ask the HOA Expert: Welcome to the HOA Board!
The annual homeowner association meeting convenes. The president announces that the floor is open for nominations. A fellow homeowner say to you, “You know, you would make a good board member.” Before you have a chance to reply, some body movement indicates that you are willing, ready and able to serve. “The nominations are closed”, […]
How do you increase participation to amend covenants? (FL)
Q: Our community documents require two-thirds of all owners to amend the covenants. This seems impossible considering our historical participation levels. Any recommendations on how to increase participation? Read the Q&A…………………………
What a Fishers beekeeper’s dispute with his neighbor says about suburban growth (IN)
The demise of the honeybee may portend the end of the world, but one Fishers resident who wanted to come to the rescue has faced a hornet’s nest of regulation. A nine-month-long neighbor’s dispute with allegations of swimming pool bee swarms and hidden yellow jacket nests led to hours of grueling research and document-digging by […]
Less Stress & Better Relationships: A How-To Guide for the HOA Board
Can the HOA improve relationships within the board, and with the community? If Board Members aren’t communicating, you’re doomed from the start. Strive for respectful, responsible communication. Communicate with homeowners and residents through the HOA website, email blasts, newsletters, and social media. Be sure to read our series on Social Media in the HOA to […]
Owners must opt in to receive official notices by email (FL)
My condominium association has a new board (all part-time snowbirds) who are sending all correspondence via emails to owners. This includes the annual meeting notice (although the notices are neither properly prepared nor timely), proxy votes and special assessment notices. Can all owner correspondence be sent by email? Read the Q&A………………….
Civil lawsuit in woman’s downtown Orlando condo murder cites door’s electronic keypad (FL)
A civil lawsuit stemming from a murder in downtown Orlando is tied up over a piece of equipment. Sasha Samsudean’s body was found in 2015 in her Uptown Place condo on Orange Avenue. A security guard hired to patrol the building was convicted of her murder in 2017, but the attorney representing her parents is […]
Issues to be considered when rewriting governing documents (FL)
Q: Our condominium association is contemplating re-writing our governing documents. What are the most important issues that the board should consider? Read the Q&A…………………….
State Legislature should review HOA disclosure policies (NV)
Q: I read your column every Sunday. Thank you for all of the valuable information you have passed along over the years. I have saved many of those articles and keep them handy so that I have them available should a similar issue arise for our community. I appreciate the time you put into answering […]
Removing a Board Member (CT)
Sometimes board members act in a way that is contrary to the best interests of the association, or they may appear to be engaging in self-dealing, favoritism toward their friends, not showing up for board meetings, or not paying their monthly common fees or otherwise flouting expected behavior. The board or unit owners could try […]
Epic saga continues over donated land (DE)
The recent controversy over a library book kiosk at The Villages of Five Points is a new chapter in the property’s long-contentious story. In 2011, the focus was on a proposed CVS, which now sits next to the embattled kiosk. People for and against the pharmacy attended Sussex County Council meetings – some donning red […]
Court of Appeals Affirms Public Policy in Favor of Adult Care Facilities (MI)
Just about every set of bylaws has them – restrictions on “commercial” activity and the requirement that a home/unit be used only for “residential” purposes. However, litigation regularly erupts over whether certain activities are commercial or residential in nature. With regard to adult foster care facilities and whether they constitute commercial or residential activity in […]
Malaysia: Management bodies and how they function
Strata management issues run the gamut of community living, from the sharing of common property, to pooling of financial resources for the maintenance of the subdivided building and common property, to getting volunteers to be part of the management team. Many stakeholders are involved in strata management — developers, parcel owners, property managers, service contractors, […]
HOA Homefront: How to determine if your manager is qualified
Previously, I’ve written about management options and contracts. Today, we’ll look at what happens after selecting the management services and how a board can tell that a manager prospect is qualified. California managers are unregulated, with no required license or minimum education. While rental managers must have real estate broker licenses, HOA managers do not. […]
Short-term home rentals, not their neighbors, backed by two bills in FL Legislature
Florida is home to the largest number of residents living in a community association. Some 10 million homeowners live in neighborhoods with community associations and are protected by time-honored deed restrictions adopted by a majority and, in some cases, a super majority vote of those who pay the bills and will be most affected by […]
Rancho Bernardo to honor 63 volunteers on Saturday (CA)
All are welcome to join the Rancho Bernardo Community Foundation in honoring 63 locals on Saturday morning during the 10th annual Hats Off to Volunteers. All are welcome to join the Rancho Bernardo Community Foundation in honoring 63 locals on Saturday morning during the 10th annual Hats Off to Volunteers. Read the article…………………..
Homeowners’ Association missing over $30,000 from bank accounts (OH)
The treasurer for the Landerwood Glen Homeowners’ Association reported April 9 that unauthorized and fraudulent withdrawals were made from at least two accounts: over $15,000 from checking as well as an associate money market account where more than $15,500 was removed between March 28 and April 1. The Key Bank fraud department is opening an […]
Action 9 investigates runaway condo fees (FL)
Action 9 investigates sky-high condo fee increases that many owners claim will force them to sell. They’re facing a 400% fee hike and say state regulators aren’t protecting them. Consumer investigator Todd Ulrich took their case to the condo board and the state to get answers. It’s been their beach escape for 16 years, […]
Enforcement of Covenants (FL)
The covenant enforcement process begins with inspecting the Community. Typically, your management company will send violation letters to the Owner regarding the observed violations in an attempt to resolve the matter prior to our Law Firm’s involvement. The number of violation letters sent to the Owner is determined by the Board of Directors. If the […]
Protecting your Community Association during Hurricanes (FL)
For everyone who calls beautiful Central Florida home, hurricanes and other dangerous storms are a reality that we must respect and adequately prepare for this time of year. As a reminder, hurricane season officially ranges from June 1st through November 30th and the purpose of this article is to help our condominium and homeowners’ associations […]
Co-op Board Bitten After Denying Request for a Service Dog (NY)
Enforcing a no-animals policy, it turns out, is no simple matter. In recent years, a growing number of co-op shareholders and condo unit-owners have asserted their right to have a service or support animal in their apartment as an accommodation for a physical and/or mental disability – even in buildings that prohibit animals. When the […]
Greenwood HOA fight goes back to trial court for damages hearing (IN)
A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years. The Indiana Court of Appeals on Thursday affirmed a Johnson Superior Court […]
Calvert board holds hearing on Ranch Club’s proposed STD (Special Tax District) (MD)
For the six time in 21 years, leaders of the Chesapeake Ranch Estates’ (CRE) homeowners’ association board have requested Calvert County officials to collect a special tax for the purpose of maintaining and enhancing roads and infrastructure. The levy being requested by the Property Owners Association of Chesapeake Ranch Estates (POACRE) is $275 per lot, […]
Lessons from the CAT (ON)
On April 5, 2019 I attended the ACMO / CCI 1-day Conference in Kitchener. I was asked to speak during the round table discussions and on the legal panel. My topic for the round table discussion was the Condominium Authority Tribunal (CAT). Today I thought that I would share some of the lessons that we […]
East Bay Woman Wins Blue Light Fight for Autism Awareness (CA)
An East Bay woman is claiming victory Tuesday on behalf of her autistic son and autism awareness in general after she was given the “okay” to leave blue lights outside of her home for Autism Awareness Month. For the past 10 years, every month of April, Lisa McBride turns her outdoor lights blue in honor […]
Who’s responsible for a flooded road? (TX)
It’s a question that could impact anyone living in an HOA or gated community: when neighbors say a road that never used to flood now floods every time it rains, who do you hold accountable? Read the article…………………….
HOA wants man’s life-size bronze eagle removed from backyard (DE)
A homeowner association wants a veteran to remove his patriotic display from his New Castle County backyard. “I love eagles. It’s our national symbol,” homeowner Rich Killingsworth said. Read the article……………………..
A Chelsea condo with swimming pools for everyone files for bankruptcy. Again. (NY)
The Pool House is taking another dive. The LLC behind Six Sigma’s stalled condominium development at 435 West 19th Street, which includes a personal pool in each unit, filed for bankruptcy a second time last Friday as the project’s restructuring firm gets ready to start from scratch, Commercial Observer reported. Read the article………………….
Transition to Homeowner Control: Avoiding Problems and Finding Solutions
PDF article detailing transition procedures and issues for Colorado Read the PDF………………………….
Ghana: What you need to know about condominiums
Condominiums or condo is a term used in the United States and most provinces in Canada. Condos are more complicated than buying and living in a single family home. You must understand what it is you are purchasing and whether the lifestyle will suit you and your family. Read the article……………………..
HOA Methods Handling Frequent Parking Conflicts
Home Owners Associations have always been in an interesting situation when it comes to parking management. While it may be obvious that every residence gets at least one reserved parking space, what about the extra spaces that every condo building or neighborhood has left over. For a condo association, extra spaces might be prized locations […]
Stricter Disciplinary Penalties for Florida Community Associations Now in Effect
A couple of years ago we saw the Florida state legislature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest. Recently, the Department of Business and Professional Regulation, the state agency that governs community associations, followed suit by implementing harsher civil disciplinary guidelines for condominium association infractions. Read […]
Are Bargain HOA Assessments Really a Bargain?
Assessments can be a big determining factor for people looking at buying a property in an Association. The amount charged can vary drastically from one HOA to another, and because people often look at the dollar amount and not the whole picture, you might fear shooting yourself in the foot with assessments that are too […]
Timberlane Estates looking to special tax to rescue ailing West Jefferson golf course (LA)
Like a worried golfer reaching for a trusted pitching wedge to get him out of trouble, Timberlane Estates is the second West Jefferson subdivision in two years to turn to a new tax as a way to help get its ailing golf course out of the rough. Read the article…………………..
Are condo associations legally required to provide handicap parking? (FL)
He fought to overthrow Fidel Castro a long time ago, and now he is in another battle to get a parking space close to his apartment. He says he needs it, but does the complex have to give it to him? It’s tonight’s Help Me Howard with Patrick Fraser. Read the article……………………..
Teslas and Electric Charging Stations – What Should Condo Associations Do?
More and more people are choosing to buy electric vehicles. With the announcement that Tesla will drop prices significantly on some models, this is only going to increase. Read the article……………………..
Community Association Emergency Preparedness
We all hope that our home, community, coworkers, and friends never need to implement an emergency action plan. However, it makes more sense to be completely prepared for the possibility rather than try to figure out what to do in the middle of confusion and fear. Unfortunately, most communities do not have any plan in […]
Are Homeowners Associations and Condominium Associations Subject to the Americans With Disabilities Act?
We frequently get asked what special steps must be taken by associations to be compliant with the Americans with Disabilities Act (ADA.) In many cases our association clients are not subject to the ADA but it depends heavily on who they allow to use the common area and amenities. Read the article………………………
Common Misconceptions for HOA or Condo Board Members
Do you serve on the Board of Directors of a Community Association? If so, here are some common misconceptions that can cause problems for many boards— Read the article………………..
Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections
There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance. The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections. However, there are significant risks as well. There are a number of considerations that community associations must […]
Close Your Old HOA and Condo Bank Accounts
In our continuing education class “Financial Best Practices for Homeowner Associations and Condo Communities” we recommend managers and board members close old bank accounts. In this post we are going to discuss why you should close your old HOA and condo bank accounts. Read the article……………………..
Marquis Miami’s condo board sues unit owner for violating short-term rental prohibition (FL)
Front desk personnel at the Marquis Miami luxury tower near American Airlines Arena began logging the number of guests entering a unit on the 18th floor on March 13. Over the next 10 days, more than two dozen visitors were granted access to the two-bedroom condo owned by DDW Property Holdings, LLC, a recently dissolved […]
Blue porch lights to support autism bring trouble for East Bay homeowner (CA)
The White House did it. So did the Empire State Building, the Leaning Tower of Pisa, the Eiffel Tower and some 10,000 other landmark buildings. But when a Discovery Bay mother of an autistic son turned her porch lights blue to support World Autism Awareness Day, she got slapped with a noncompliance notice and a warning […]
Police Surveillance Cameras in Condominiums (ON)
Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities? Read the article……………………