We hold meetings because we must. They are essential to decision making, and parliamentary procedure helps us meet effectively. “Parliamentary procedure” is an umbrella term, referring to the many rules that provide structure to a meeting where business is transacted. Most meeting gurus swear by Robert’s Rules of Order, and while there are other rulebooks, […]
Burst Sewer Pipes, Condos, and Coverage
We had an interesting question come in this week so I thought I would address it publicly. I’ve edited the question for space and to avoid disclosing any identifiable details. “I live in a condo building. A sewage pipe burst, causing damage to my unit and a few other units. An adjuster came out representing […]
What a Wildlife Biologist has to say about Geese removal
Columbia County Homeowners are upset with the way their Homeowner’s Association is handling the removal of Canada Geese. Experts say the HOA Board is valid in their decisions. Wildlife Biologist for the Georgia Department of Natural Resources, I.B. Parnell, says, “the Homeowner’s Association’s president had a permit to remove 20 geese because of the nuisance […]
Timber Lake residents pass watershed improvement district (VA)
A ballot measure to create a watershed improvement district for Campbell County’s Timber Lake residents — and the taxing authority that comes with it — passed in Tuesday’s special election. Of the roughly 250 residents eligible to vote, 132 cast their ballots, with 119 — 90.15 percent — voting in favor of creating the Timberlake […]
Contractor Sues Fortis Over ‘Unsafe’ Leaning Condo Tower Near Seaport (NY)
A Financial District condominium tower is leaning, and the contractor on the project claims the developer is to blame. The 670-foot-tall, 58-story apartment building under construction at 161 Maiden Lane is leaning three inches to the north, according to a lawsuit filed in New York State Supreme Court by the project’s contractor, Pizzarotti. An off-kilter foundation […]
Appreciation: Benny L. Kass made buying and owning a home less scary for a generation of readers
On Oct. 7, 1972, a column debuted in The Washington Post’s Real Estate section aimed at transforming one of the most perplexing transactions for many people — buying a house — into a process they could understand and manage. At first, the column by Benny L. Kass was called Counsel to Home Buyer and Owner. […]
Lakewood community unlocks gate for Orthodox Jews after Sabbath complaint (NJ)
An Orthodox Jewish man has struck a deal with his homeowners’ association to unlock a pedestrian gate key to Jewish observances at the 55-and-over community in Lakewood, ending a dispute that served as another cultural flash point in the fast-growing township. Read the article………………….
Residents’ frustration is mounting as Lilley Road bridge remains closed two years later (MI)
When Canton Township’s Lilley Road bridge, located just north Michigan Avenue and one-half mile south of Palmer Road, was abruptly closed due to unsafe conditions in April 2017, neighboring residents were understanding, tolerant and patient, realizing the connector had outlived its serviceable days. A replacement would be constructed in due time, they rationalized. Exactly two […]
D.R. Horton agrees to pay fine for wetland damage from construction of Beulah subdivision (FL)
A month before the Escambia County Commission gave the green light for the home building company D.R. Horton to begin selling homes in the Preserve at Deer Run subdivision, at least one item was remaining on the county’s “punch list” of staff concerns with the plans for the subdivision: the stormwater ponds. Read the article………………………
Greenville HOA says lawsuits could bankrupt community (SC)
A Greenville neighborhood has racked up more than $50,000 in legal bills that could put the homeowners association in financial trouble in the wake of multiple lawsuits and complaints by one resident. Lawsuits against the 2016, 2017, 2018 and 2019 Woodington Homeowners Association’s board of directors have been filed by homeowner Raymond Wedlake, according to […]
Condo and Co-Op Conversion: Not Out of Time, Not Out of Luck (NY)
Many cooperatives and condominiums have overlooked, for decades, potent statutory rights enabling them to recapture building amenities currently under long-term, unfavorable leases with their developers. Because those rights were first promulgated during the 1980s’ cooperative and condominium conversion boom, they are often discounted as stale or forgotten altogether. But recent litigation may offer new hope […]
Perception vs HOA Rules: Greensboro Woman Racks Up $7,000 in HOA Fines (NC)
Joyce Pennix didn’t think her yard looked that bad but her HOA felt otherwise. Several notices were sent out but Pennix says she never saw them until a collection notice came in the mail. Read the article……………..
Condo Law Digest – April 2019 (ON)
Mr. Swan owns a unit in DCC No. 45. He served as a Board Member for about 4 months in 2009 before being removed by a vote of the unit owners. After his removal from the Board, Mr. Swan initiated five proceedings against the Corporation in Small Claims Court. These were all dismissed, as was […]
Residents disgusted by a rat infestation at Clearwater condominium complex (MI)
A rat infestation at a Clearwater apartment complex is leaving residents disgusted. “You can see from the size of the tail, it’s a rat. It ain’t no mouse,” said Michael McKinney while holding a rat he captured in his condo. McKinney and many others in his building say they started having a rat problem right […]
Fenner Glen residents want answers about flooded basements (MI)
According to homeowners, Fenner Glen homes passed Laketon Township inspections without having draining systems like sump pumps to push out excess water. 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 […]
Voters OK creating zones of benefit to fund fire hazard abatements in Rivieras (CA)
Property owners have voted in favor of creating benefit zones to fund wildfire fuel reduction along roadways in the high-fire-risk Rivieras area of Kelseyville in supervisory district 5. Ballots were counted by Lake County staff Tuesday during a board of supervisors meeting, and while no action was taken by the board, a resolution to create […]
Rockrimmon residents question neighborhood paving, development (CO)
Repair work made to streets on the south side of Vindicator Drive between Safeway and Eagleview Middle School has residents questioning the City of Colorado Springs’ paving and development priorities. According to Rockrimmon resident Joe Pelka, the City began repairing and resurfacing the streets prior to the holidays, having removed and replaced existing asphalt with […]
2019 Legislative Primer Part I – Busy Year for Legislation Impacting Community Associations (FL)
The number of pending bills this year affecting community associations in some way or another is substantial. Multiple bills regarding vacation rentals reveal the battle lines in Tallahassee between local governments, communities, and the hotel lobbyists versus the vacation rental companies. Senate Bill 1196 and House Bill 1129 are considered community-association friendly bills that impose […]
Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance? (FL)
Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. Read the article……………………..
Collection Minefields & Helpful Tips (NC)
I recently spoke on the topic of Collection Minefields at the last two NC Community Association Institute (CAI) Law Days. Both sessions were very well attended and the participants came with many great and pointed questions. That tells me that both Board members and mangers are acutely aware that collecting unpaid assessments is a vital […]
Ask the HOA Expert: Pruning Perfection
Landscaping is a homeowner association asset that can and should improve with age. However, diligent attention is required in order to make this happen. Skilled maintenance work, along with occasional and ongoing improvement work are essential. Read the article……………………
Geothermal Heating and Cooling: Is It an Option for Your Association?
Community associations are increasingly looking toward environmentally-friendly options to heat, cool and power their properties in order to reduce their carbon footprint and save money. Wind turbines, solar panels, combined heating and power (CHP), and various other energy alternatives all provide varying degrees of efficiency and savings, while simultaneously ranging in availability and viability depending […]
Hiring a New Super: Finding the Best Fit for Your Community
When everyday problems arise in a multifamily building or community association, residents frequently turn to their friendly neighborhood jack-of-all-trades: the superintendent (Depending on where you live, you might call him or her your building engineer, maintenance manager, or building operations manager. But for the purposes of this article, we’ll stick with ‘super,’ for the sake […]
Access to Documents: Understanding Residents’ Access to Information (NY)
Living in a co-op, condo or community association can simplify a lot: maintenance issues that keep single-family homeowners up at night aren’t a concern for condo dwellers, and there may even be a door person or concierge to sign for packages and keep an eye on who’s coming and going from the property. But multifamily […]
Managing Mental Health Issues: Addressing Residents With Sensitivity (NY)
Running a community association requires boards and managers to work with people from all walks of life, including those who have unique experiences, wants, needs, and challenges. That may also apply to people with behavioral or mental health issues. In some cases, a resident may be quite open with neighbors and others about a diagnosis […]