There is an old saying that goes “penny wise and pound foolish” which is perfectly apt when one discusses homeowner association finances. In other words, in an attempt to save money, associations might fall victim to unwise decisions in the short-term in an attempt to keep assessments low but ultimately regret the decision later when […]
Appeals panel: Lawsuit vs condo association wasn’t frivolous; plaintiff shouldn’t owe $111K legal fee sanctions
A state appeals panel reversed a Cook County judge’s dismissal of a lawsuit in which a man claimed his condo board retaliated against him for lodging complaints. On March 29, a three-justice panel of the Illinois First District Appellate Court ruled on an appeal of Cook County Judge Kathleen Pantle’s decision. Justice Joy Cunningham wrote […]
No Need to Establish Notice Where Condo Association Caused Danger, Appeals Court Says (NJ)
In a case where a combination of dog urine and condominium stairs lacking a slip-resistant surface is alleged to have led to serious injury, a New Jersey appeals court has reopened a slip-and-fall suit after finding that dismissal based on defendant’s lack of notice of a hazardous condition was erroneous. Read the article…………………
Spring Landscaping Ideas for Buildings (IL)
It’s hard to believe that we’ve survived yet another Chicago winter! For property management companies, spring means two things: assessing any potential damage done by the winter weather, and diving headfirst into spring landscaping. Here are four aspects of spring landscaping we look to first: Read the article……………………
Gunshot Forces Evacuation Of Bellevue Condo Complex (WA)
A woman fired a single shot inside a downtown-area condo, setting off a chain reaction involving a fire sprinkler. Read the article…………………
Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting (FL)
Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural […]
Philippines: Condo Builder Blocks Other Internet Providers, Gets Hit With Anti-trust Case
One condo builder has been hit with an anti-trust suit for violating Philippine competition laws by refusing to allow any other ISP to service their tenants. A “statement of objections” was filed on March 27 against Urban Deca Homes Manila Condominium Corp and 8990 Holdings Inc for “abuse of dominance” by the Philippine Competition Commission. […]
Coops and condos can’t take this mandate: A new climate change bill would sock ordinary New Yorkers with thousands of dollars in fines
Climate change is a real threat to our future, one that demands collective, forceful action by all New Yorkers in every aspect of their daily lives. The City Council is considering legislation that seeks to meet citywide goals solely by imposing rigid caps on greenhouse gas emissions from most buildings over 25,000 square feet. Unfortunately, […]
Ocean City condo owners fight for transparency on building repairs (MD)
Ocean City condominium unit owners are seeking answers after a proposal to repair their building’s exterior has nearly doubled in cost from what they claim are “added beautification items.” The project to repair the exterior insulation and finish system of the Ocean Place Condominiums building, located in northern Ocean City near the Delaware border, has […]
Virginia passes bill for homeowners to make HOA fees more transparent
Virginia Governor Ralph Northam signed a bill this week that would give homeowners more transparency regarding different fees. The bill requires Homeowners’ Associations boards to make annual budgets available to homeowners prior to the new fiscal year. Read the article…………………….
Capital Reserve Funds – How Much Do You Really Need?
As community members, co-op and condo owners work together to maintain the greater structure in which they live – not just their individual units. Major systems – things like boilers, roofs, and facades – are expensive to maintain and repair, but each has a standard useful life. Thus, boards and managers should be diligent to […]
Condo Maintenance Man Ran Over Man With Car: EH Police (CT)
East Haven man have arrested a condo maintenance worker who is charged with running over a man with his car after the two got into a confrontation on Saturday On Saturday, East Haven police were called to 130 Coe Avenue (Breezewood Condominiums) for a dispute in progress with a report of a pedestrian struck with […]
ARBITRATOR DISMISSES $5 MILLION CONSTRUCTION DEFECT CLAIM FOR HOMEOWNER ASSOCIATION’S FAILURE TO COMPLY (CA)
There is an increasing trend by Developers, in an effort to avoid responsibility for construction defects, to insert provisions in the original Association governing documents which they draft that make it exceedingly difficult to pursue such claims against them. The significant harm of these ‘poison pill’ provisions was highlighted in the recent California Appellate Court […]
HOA Board Can Purchase Bulk Cable and Internet (FL)
Q: The board of directors of my homeowners’ association is considering a bulk contract for cable television and internet service for our community. The association has never previously provided cable or internet service to the residents. If the contract is signed, all of the owners would be forced to pay for the service as part […]
Singapore: Condo vs. HDB living: How Does It Affect Your Child?
Is it better for children to be raised in a condominium or HDB flat? Here’s what you need to consider: What are the main factors that impact your child? Let’s take a look at how these two properties affect a child, in terms of: Safety, Amenities, Exposure to Singaporean culture Read the article…………………
Will emotional-support animal fraud ever be curtailed? (FL)
Q: My community is fed up with the emotional support animal loop-hole used to get around the pet rules in our community. Most of us see it simply as fraud. Will this abuse ever stop or at least be curtailed? Read the Q&A………………………..
Win for free speech in condo associations as appellate court reverses case dismissal (IL)
A unit owner’s lawsuit against a Gold Coast condominium association he says retaliated against him for expressing opinions about how it was managed will be allowed to move forward. The Appellate Court of Illinois has reversed a dismissal of the complaint, saying the unit owner, Brian Connolly, did “sufficiently plead” violations by the association of […]
Truck bans may be legal, but not necessarily advisable (FL)
I am a board member of an HOA in South Florida. When our covenants were written almost 40 years ago, they banned pickup trucks from parking overnight in our community. We are getting pushback from residents about not allowing pick-up trucks overnight. I’ve done the research and find that trucks far out-sell cars these days […]
Preparing for the worst: What Lauderdale County residents can do (MS)
In light of the flooding across the country, including the Mississippi Delta, Williamson advocated for Lauderdale County residents to create their own emergency evacuation plans. Read the article…………………“It’s the same as any other threat we face,” Williamson said. “If you live in the vicinity of a high-hazard dam, then you need to have a plan […]
Neighborhoods could vote to make own improvements. But they would come at a cost (MS)
Want better security in your neighborhood or maybe even a park? Neighborhoods across Jackson will soon be able to tax themselves to pay for such items following the Mississippi Legislature’s passage of a community improvement district bill to become law July 1. The CID law would allow neighborhoods to band together and pay for projects, […]
When units are owned by trusts, corporations and partnerships (IL)
Q. Only owners are permitted to serve on the board of our association. Each year, the association has owners complete a census form identifying the owners of the unit. However, our association runs into the same problem in many of our elections to the board. That is, we elect people who we later find out […]
Some condominium association records now must be permanently maintained (FL)
Prior to a strange amendment to Section 718.111(12), Florida Statutes in House Bill 841 was approved and became effective July 1, 2018 last year, most association records had to be kept for at least seven (7) years. An exception was made for “ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating […]
Verandah neighborhood residents call for more amenities, dissatisfied with current direction (TX)
Residents of the Verandah neighborhood in Royse City are speaking out against what they describe has false promises of neighborhood amenities. A group of more than 15 residents attended a Royse City Council meeting last week in response to a vote regarding a replanning of a portion of the neighborhood. The vote, which was passed […]
HOA Homefront: Selecting a management company — the contract
The previous HOA Homefront column discussed choices in association management. If the association decides to hire a management firm to provide service, the management contract should be an important point of focus for the board. Price is not everything: Hiring a management firm solely on price is a mistake. Associations may discover “you get what […]
Illinois Appellate Court Rejects Federal Insurance Coverage Analysis, Finds Duty to Defend Against Construction Defect Allegations
On March 29, 2019, the Illinois Appellate Court issued an opinion clarifying when a duty to defend against construction defect allegations exists under a subcontractor’s commercial general liability (CGL) policy. The decision reflects a broader shift in how courts have interpreted claims of faulty workmanship under CGL policies. Read the article………………….
A Voorhees neighborhood goes to war against a proposed think tank — an ashram — for world peace (PA)
The prospect of living next door to a think tank for peace has many residents of the Centennial Mill retirement community up in arms. Members of the homeowners association in the 55-and-over Voorhees neighborhood have signed petitions and hired a lawyer. They’re turning out in large numbers to fight the township zoning code variance sought […]
Editorial: Lake Charlene failure shows county flooded in feuds (FL)
For a few minutes, forget about politics and personalities. And simply consider the numbers surrounding the embattled Lake Charlene flood project that has been designed and proposed to reduce flooding in parts of the Escambia County’s Warrington and Myrtle Grove neighborhoods. Read the article…………………….
Can you Dissolve an HOA in Texas?
Though homeowners’ associations function to serve the communities in which they govern, sometimes community members decide – for whatever reason – that the association has run its course. In some cases, the HOA is not providing valuable services to the community, or not honoring the commitments that it was obligated to. In other cases, the […]
Lawyer Xydakis, client sanctioned more than $1M for frivolous Wilmette condo association lawsuits (IL)
A Cook County judge has ordered more than $1 million in sanctions and penalties against a lawyer and his client in connection with a litany of legal actions against a Wilmette condo association. Marshall Spiegel sued the 1618 Sheridan Road Condominium Association though his attorney, John Xydakis. On Feb. 8, 2018, Judge Margaret Ann Brennan […]
Attempts to Unilaterally Modify Contracts by Service Providers
Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations. These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider. When assessed on a […]
Security & Privacy Meet in the Hallway
Incorporating technology into our homes is big, big business in the Unites States. Where once we were clapping at our lamps, now we can control virtually everything inside and outside of the home with the sound of our voice or apps on our phones. As part of this growing trend, video doorbells have become immensely […]
Association Election ‘Shenanigans’ Lead to Contentious, Costly Litigation
A case in which a trial court concluded may have involved some association election “shenanigans” is going back to the trial court for further proceedings after the Fifth District Court of Appeal reversed the lower court’s order mandating binding arbitration. Read the article……………………….
La Bota Ranch residents voice complaints of unsafe environment along Mines Road (TX)
La Bota Ranch is a master-planned subdivision west of Mines Road and north of Loop 20 that was constructed in the early ’90s. On Wednesday, residents demanded the city get rid of manufacturing companies and developments near their school and homes, referring to the unsafe environment it has created. Read the article……………….
Watch Your Step Crossing the Fannie and Freddie Lending Minefield
In an earlier article, we explained that when deciding whether to lend money to potential buyers or to unit-owners who want to refinance their mortgage in a condominium, lenders follow guidelines issued by federally backed Fannie Mae and Freddie Mac. These guidelines can seem like a minefield. While some of the guidelines present unavoidable pitfalls […]
Bank of America’s reading of HOA lien law was right on the money – 9th Circuit
A federal appeals court on Wednesday struck down a ruling that Bank of America’s $290,000 mortgage on a Nevada residence had been wiped out by a homeowners’ association foreclosure to recover less than $2,000 in unpaid dues. Read the article……………………
8 Misunderstood Points of HOA Governance (UT)
HOA governance isn’t simple or easy and, unfortunately, board members are just volunteers doing their best with too little time and too little money. I think that’s why even basic principles of HOA governance are often misunderstood by board members (and managers too). Here is some clarification of 8 frequently misunderstood issues: Read the article………………………………..
Court Bars Fire Insurer’s Subrogation Claim Against Condominium Tenant as Implied Co-Insured Under Lease and CC&Rs (CA)
In Western Heritage Ins. Co. v. Frances Todd, Inc. (No. A152428, filed 3/4/19, ord. pub. 4/2/19), a California appeals court held that a condominium association’s fire insurer was barred from suing a tenant in subrogation for fire damage under the rule that an insurer cannot subrogate against its own insured. The lease and the association […]
Is Your Association Missing Out on a Utilities Sales Tax Exemption? (FL)
Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association. However, nonresidential uses are not exempt. Read the article……………………….
How To Calculate Real Estate Valuation Damages In A Construction Defect Action
When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when calculating the impact of a […]
Loss of Quorum on the Board
Many condominiums struggle to find enough candidates to fill the positions on their board. Other condominiums have a hard time keeping directors on the board after their election. Whatever the reason, there are times when a condominium may not have enough people to fill all positions on the board. What’s a condominium to do? This […]
HOA complaints in SC: These counties have the most, report says
For the first time ever, the S.C. Department of Consumer Affairs released a South Carolina Homeowner’s Association Report. The Department of Consumer Affairs released the report as a result of changes made to the state’s Homeowner Association’s law, which now requires that data from complaints involving HOAs be collected and reported to the governor, General […]
Tempe condo owners may be forced to sell to investor group (AZ)
As Dorsey Place Condominiums in Tempe were being built in 2007, Jake Geller worked with the developer to design accommodations he’d need to live comfortably. He lives with Duchenne muscular dystrophy, an illness that progressively weakens muscles, and uses a motorized wheelchair to get around. To improve his quality of life, the developer installed wider […]
No deal reached between Indian Wells developers, HOA over golf course land (SC)
A compromise on what to do with nearly 154 acres that make up Indian Wells golf course has not been reached between homeowners and the devloper. Many, including those on the Horry County Planning Commission, told WMBF News they hoped a deal could be reached between developers and the Indian Wells Homeowners Association prior to […]
Lake Charlene flood project back in limbo after Escambia County attorney weighs in (FL)
A dispute over the terms of a proposed easement will continue to keep the $2.1 million project to control flooding in the Lake Charlene neighborhood in limbo. The Lake Charlene Homeowners Association voted March 25 to offer Escambia County an easement to give the county permission to use its private property for a flood control […]
HOA violates the Fair Housing Act by denying a service animal in the clubhouse
In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court […]
China: Couple Raises Bees in High-Rise Condo, Infuriates Neighbors
A husband and wife raised a hive of bees out of their high-rise condominium for over a year, angering their neighbors. The neighbors reported them to the property manager, and eventually police, on March 29 according to the Ningbo Evening News. Read the article………………….
Making Arrangements for Arrears of HOA Dues (CA)
People who live in condominium units automatically become members of homeowner associations that maintain common areas, institute rules and regulations, set up budgets and establish maintenance fees paid by unit owners. When owners fall behind in those dues, the association board of directors has the authority to begin a process that ultimately could end in […]
How to Enforce Bylaws in Condominiums (CA)
An important aspect of condominium life is knowing how to resolve disputes and enforce the homeowner association bylaws. California law sets forth the basic condominium rules in the Davis-Stirling Common Interest Development Act. Your HOA governing documents, such as the Declaration of Covenants, Conditions and Restrictions or CC&Rs, may have additional rules. In most situations, […]
Montana State Legislature Moves Bill That will Create Chaos, Lawsuits, and Increase Costs on Residents in Condominium and Homeowner Associations
On April 2, the Montana State Legislature moved forward Senate bill (SB 300), a bad bill for residents in homeowners associations and condominiums, according to Community Associations Institute (CAI). CAI is coordinating efforts to stop the legislation due to the significant opposition from Montana homeowners associations and condominiums, attorneys, and trade groups. CAI believes the […]
Tenants Rights in California Condo Association
The word “condominium” denotes a form of ownership in which unit owners share ownership of common areas such as roads and recreation facilities. Condo buyers automatically become members of homeowners associations that establish bylaws and rules detailing the members’ responsibilities and rights. State statutes and governing documents of homeowners associations spell out an owner’s rights […]