A group of Padre Island residents believe the Property Owners Association is preventing them from leaving the group. More than half of the people living in the Sea Pines subdivision recently voted to leave the Padre Island Homeowners Association because they believed their paid dues provided them no benefit. Many said they believe the dues […]
5 Tips for Choosing the Right HOA Insurance
Homeowners associations are creatures of budget. The primary purpose of a budget is to provide certainty and avoid surprises as the board complies with its obligation to protect, preserve, and enhance the association assets. More often than not, board members primarily focus on price when purchasing insurance. However, price is only relevant if the options […]
Cyber and Data Security in Colorado Common Interest Communities (CO)
As banks, credit card companies, and financial service providers grapple with identify theft, so too must HOAs. Over the last several years, there has been a substantial increase in cyber-related crimes, resulting in increased identity theft and financial fraud. As a result, federal and state governments have been working to enact laws to reduce crime […]
Atlanta plan to charge for ‘bulk’ trash pickup rankles condo owners (GA)
Atlanta condominium residents are angered by the city’s plan to collect new fees to pick up bulk trash, saying many already pay private firms for the service. Read the article…………………….
AGM: Apathy, Gossip and Mutiny (ON)
The AGM is often the most important meeting of the year for a condominium. The AGM provides the owners with valuable information about the condominium’s affairs with presentations from the auditor, board, management, and other professionals. It also gives owners an opportunity to voice their concerns or ask general questions about issues that might be […]
Advocacy Tips: Inviting Your Elected Official to Visit
Summer is almost here, and that means legislative recesses and state session adjournments. This is the perfect time for advocates like you to engage with your elected officials at all levels of government by inviting them to attend your community association events, your board meeting, or asking to meet with them at their district office […]
Need for Collaboration: Architectural/Design Review Committee
The establishment, composition, function and scope of authority of the architectural or design review committee is typically set forth in the association’s CC&Rs. It is important for each member of the committee to be familiar with the relevant architectural/design provisions in the CC&Rs, along with any properly adopted architectural/design rules, so that the committee can […]
How to chair a condo board meeting
Condo board meetings aren’t only a regulatory requirement; they’re also crucial in fulfilling the board’s mandate i.e. to serve the interests of the condominium corporation and ensure adherence to all the by-laws. The specific number of meetings each year is outlined in the condominium’s by-laws so it can vary. However, there must be at least […]
The Duties & Responsibilities of The Condo Board (ON)
Managing a condominium unit isn’t a straightforward affair. Depending on the size of the building, you could have over a thousand individual residents in the premises. This means you must provide adequate arrangements for waste removal, recycling, parking, hall lighting, guest facilitation, and more. Read the article…………………….
Displaced condominium owners frustrated with time frame of repair work, evictions (NC)
A new beach season is on the horizon but dozens of homeowners in Carolina Beach are still displaced from Hurricane Florence. Condominium owners on the island’s north end are beginning to get frustrated with how their eviction was handled. Read the article……………………….
Ask a real estate pro: Can I challenge homeowners association rules on renting? (FL)
Q: My homeowners association changed the rules and added restrictions on renting. I rent and count on the income for my retirement. I want to know specifically what they did and if it is enforceable. What do I do? Read the Q&A………………………..
Homeowner Prevailing In Unlawful Foreclosure Of Condo Unit Case Was Entitled To $434,000 In Damages And $720,000 In Attorney’s Fees (CA)
Yikes! Talk about a change in fortune based on a prior appeal. Homeowner finally won, obtaining damages and substantial attorney’s fees for hanging in there to the end. In Multani v. Castle Green Homeowners Assn., Case No. B278397 (2d Dist., Div. 7 May 28, 2019) (unpublished), HOA earlier won a summary judgment and $90,000 in […]
Misadventures in Rulemaking
Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. Read the article………………………
Neighbor vs. Neighbor at the Newswalk Condominium (NY)
Unit-owners at the Newswalk condominium in Prospect Heights, Brooklyn – a repurposed former Daily News printing plant – are no strangers to strife. When the first unit-owners moved in after the 2002 conversion, they were shocked by construction so slipshod that many of the “luxury” apartments were barely habitable. The condo board sued the developer, […]
Juggling Concurrent Projects in Your HOA
Juggling multiple projects in a community association can seem daunting at the beginning. There are so many expectations, deadlines, meetings, schedules, vendors, contracts, mobilizations, and de-mobilizations to think of. Not to mention you might be dealing with scaffolding, orange cones, swing stations and demolition. . . a lot of demolition. (You can’t have an omelet […]
Legislative Session Update Part II – Bills That Were Passed (FL)
What a difference a month makes…Last month, we provided an update on various pieces of legislation that would have impacted community associations throughout Florida. This month, we report that almost none of those extensive proposed changes were adopted by the legislature. Read the article……………………….
2019 Legislative Updates (VA)
During its 2019 legislative session, the General Assembly approved a number of bills that create changes to the Property Owners’ Association Act (“POAA”), the Condominium Act and the Code of Virginia. The legislation addressed in this newsletter will take effect on July 1, 2019, unless otherwise noted below. Also, please note that Chapter 55 of […]
Rios denies neighbor’s accusation of ‘ballot-forging’ (FL)
Marco Island city councilor and vice-chair Victor Rios said Wednesday in an interview with the Marco Eagle that a neighbor’s claim that he forged ballots to win a recent condominium board election is a “defamation of character”and denied he did anything unlawful. “I swear on the Bible I have never committed an illegal act,” Rios […]
The Dynamics of Difficult People
We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation Read […]
Protecting retention ponds affects local, state environments (FL)
Would you love waking up and gazing out across a lake, pond or river in your backyard? In Florida, that question would usually be answered by a resounding “YES!” and our access to water is a reason for many people to move to our communities. Whether they are natural or manmade, the allure of waterfront […]
OWRB approves repair plans for private dam in NE Oklahoma City (OK)
Work was to begin Thursday to repair a private dam that, because of spillway erosion, was found to present an imminent threat to residents living nearby. Oklah0ma Water Resources Board (OWRB) staff reviewed repair plans on Wednesday and gave the go-ahead for work to begin. Read the article………………………
Controversy brewing over ‘adults only’ swim time in Gaithersburg community (MD)
Did you hit the pool this Memorial Day? At many pools, there’s a whistle blown every hour or so alerting everyone that it’s time for adult swim! But if that’s happening at the pool where you live, it could be breaking federal law. Some Gaithersburg residents found that out the hard way this holiday weekend. Read […]
When It’s Time to Evict or Eject an Owner or Tenant From a Condo (NY)
It’s a very unpleasant but often common situation in community living: the moment when the association has to evict or eject an owner or tenant. It could be for a variety of reasons, but mostly due to the delinquency of the person to pay his or her share in order to keep the community running. […]
Residents and HOA dispute over wetlands path in south Reno (NV)
Residents in a south Reno neighborhood love that they have a shopping center so close by; but the way they’re getting to it has the neighborhood association threatening federal fines. The controversy surrounds the wetlands that are next to the residents near Damonte Ranch Parkway and Double R Boulevard. The area was preserved when the […]
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
Real estate appraisal: Home values drop if Oro Valley closes golf (AZ)
A real estate appraisal commissioned by the Cañada Hills Community Association finds that a partial or full closure of the town-owned golf courses would result in a “significant loss” in home values near the site and an overall negative effect on the community. Read the article………………………
How to stop the erosion of civility in community associations | Opinion
Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms, from rudeness and disruptive behavior at meetings, to […]
Construction debris is a year-long eyesore, threatening wildlife in Manor (TX)
People in a Manor neighborhood say they’ve had trash flying around their backyards for over a year. It’s even made its way into a nearby pond system. KXAN traveled to Manor to find out who’s responsible for cleaning up. Read the article…………………
City of Melbourne to Offer Free Stormwater System Inspections for Private HOAs in June (FL)
The City of Melbourne is offering free stormwater system inspections during the month of June to private homeowner associations (HOAs) to encourage preventative maintenance before the first big storm of the season. Read the article…………………….
Association Hazard Insurance Policies Benefit not only the Association but also all Condo Owners (their tenants) and Mortgagees
Both Commercial and Residential Condominium CC&Rs frequently contain insurance language requiring the Association to obtain hazard (fire) insurance and prohibiting Owners from obtaining such coverage. Condominium Owners on the other hand are limited to obtaining liability insurance. Similar language was found in the CC&Rs of the condominium association in Western Heritage Insurance Company v. Frances […]
Condo Energy-Saving Retrofits – Without Upfront Costs!
As utility costs represent approximately 35 to 50% of the budget for high-rise condominiums, reducing these costs can significantly impact a corporation’s budget and the common expense fees paid by unit owners. Smart Energy Recovery (“SER”) is a new eco-friendly company that can assist condominium corporations in making energy-saving retrofits to building equipment and systems […]
The Benefits of a Green Roof Go Way Beyond Economics (NY)
One big thing. The Climate Mobilization Act, a New York City legislative package of seven bills that goes into gear in 2024. It’s the single largest carbon-reduction effort that any city has put forward, and it leaves you five, very short, years to get your building in shape. Read the article………………………
Financial Management of Community Associations | Budgets and Replacement Reserves -Part 4 : Reserve Account/Reserve Funds
The reserve account consists of funds put aside in “reserve” for the replacement of major components of a community’s common property (aka “assets”). Typically the reserve account is used to replace asphalt paving, concrete sidewalks, roofs, central heating and cooling plants, swimming pool, tennis courts, elevators, and many other property components. Revenue raised for adding […]
How to Deal with HOA Bullies
Does your board president rule with an iron first? You don’t have to put up with it. Maybe she’s been running the association single-handedly forever. Or perhaps he’s been a big shot in the business world and is certain the community needs his iron fist. Whatever the motivation, the homeowners association president becomes a dictator. […]
Pool Safety Tips for Your Association
A swimming pool in a condominium or homeowner Association can be a welcome amenity to residents. However, it is important that the Association implement rules and regulations that are suited for the community and address potential legal issues. Here are four safety tips your Association should consider that address pool upkeep and liability. Read the […]
Condominium Associations Can Borrow Money (FL)
Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? Read the Q&A……………………..
Condo column: How to prepare for turnover from developer to owners (FL)
Q: The owners in our community are assuming control from the developer at the end of the year. We want to prepare for turnover and the developer is reluctant to let us have any formal structure or authority. What should we be doing to prepare? Read the Q&A…………………..
Condo Energy-Saving Retrofits – Without Upfront Costs!
As utility costs represent approximately 35 to 50% of the budget for high-rise condominiums, reducing these costs can significantly impact a corporation’s budget and the common expense fees paid by unit owners. Smart Energy Recovery (“SER”) is a new eco-friendly company that can assist condominium corporations in making energy-saving retrofits to building equipment and systems […]
Thailand: Tourist Police raid the C Ekkamai condo to arrest people running rooms as ‘hotel’
Follow up to a story last week where residents of a condo tower in Bangkok were complaining that many of the rooms were being run as a quasi-hotel. The Thai Tourist Police Bureau sent 40 officialst to the luxury Bangkok condominium. The raid was actually last Thursday, three days after the story came to light […]
Swimming pool drains into condo building, D.C. fire department says
A rooftop pool can be a fun way for apartment residents to keep cool in Washington summers. However, things can occasionally go wrong — giving rise on Monday to what the D.C. fire department called an “unusual incident.” In a Twitter message, the fire department said a broken pipe caused a rooftop pool to drain […]
Lakewood: Judge says Fairways developer sent ‘mixed messages’ to buyers (NJ)
The developer vying to put homes at Eagle Ridge Golf Club has been dismissed from a consumer fraud lawsuit filed by nearby residents. In a 48-page opinion, an Ocean County judge delivered a slate of rulings that limit the residents’ claims going forward to the company that built their golf course-adjacent homes decades ago, the […]
What You Need to Know About a Drainage Easement Fence
When it comes to purchasing property, it’s important for buyers to know their rights concerning easements and how those easements may impact plans for your new home. Read the article……………………..
Board orders emergency action to lessen danger from compromised private dam in NE Oklahoma City (OK)
A northeast Oklahoma City homeowners association was ordered Friday to take steps to minimize the risk that the dam holding back a neighborhood lake could fail, placing several dozen homes in peril. In an emergency order signed by Executive Director Julie Cunningham, the Oklahoma Water Resources Board (OWRB) said erosion beneath the spillway structures posed […]
Malaysia: Strata living not for selfish folk
FOR the past 20 years, Jennifer Khoo and her family have lived in a modest three-bedroom apartment in Ampang, Selangor. She has been diligently paying the RM55 monthly fee for maintenance to the apartment’s joint management body (JMB). She also paid her yearly quit rent of RM47 to the JMB, which is forwarded to the […]
Meet ‘The Flag Man’: He’s installed more than 260 American flags in his neighborhood (LA)
Miller hopes to install flags on 350 or more of the 400 homes in Sugar Mill Pond by the neighborhood’s Independence Day Celebration in July. So far, only a handful of people have turned down his offer to install a flag. He’s also spoken with local builders, who have agreed to include a flag kit […]
‘This could be it’: The Springs Club is trying something new: get golfers and HOAs working together (CA)
It’s been one of the greatest battles in the desert over the last decade: golfers versus homeowners associations. As golf clubs struggle with dwindling membership and participation, golfers have looked to the HOAs for revenue, arguing property values for homes rely in part on a healthy golf club. HOA members who are not golfers but […]
Fair Housing & Religious Accommodation: Curto v. A Country Place Condominium Association, Inc.
Sometimes, a community association tries to accommodate religious preferences and ends up discriminating on another basis. That is what happened in Curto v A Country Place Condominium Association, Inc., according to the U.S. Court of Appeals for the Third Circuit in a New Jersey condominium case handed down yesterday. In this case, the condominium had […]
HOA Homefront – Modifying exclusive use common areas
It’s a good idea for both homeowners association and homeowner to document approved changes to an exclusive use common area, in a written agreement signed by the homeowner and the HOA. Read the article………………………
Self-management may be an unwise choice (IL)
Q. Our association has always been professionally managed, and the management company has done very good work. In an effort to reduce expenses, the board of directors wants to self-manage the association when the current management contract expires. Is this permitted? Read the Q&A………………………..