Q: We are a small community of villas completed in 1981. The community consists of 20 buildings, with two units per building. It has been managed by board members living in the community until 2011, and from 2011 until now, by a management company. We just hired a new management company, and now they have […]
BGPOA lawsuit heads to court (CO)
Last month, Baca Grande Subdivision resident Bayardo Reno Sandy filed an answer to a lawsuit entered into court records in November 2018 by the Baca Grande Property Owner’s Association (BGPOA). The court ruled on his answer Tuesday, denying Sandy’s motion to dismiss the case on the grounds it has already been filed in federal court. […]
If a tree falls in a condominium complex, who is responsible for cleanup? (FL)
Q: If a neighbor’s tree or a tree located on the Common Area of my homeowner’s association falls on my lot who is responsible for the cost of removal of the tree? Me or my neighbor or the homeowner’s association? Read the Q&A………………………..
Use of pool by minor rule could be discriminatory (FL)
Q: Our community has maintained a long-standing rule that you must be 18 or older to use the pool unaccompanied, and if you are under the age of 18, you must have a parent with you. A purchaser with children is claiming this rule is discriminatory. Is he right? https://www.naplesnews.com/story/money/real-estate/2019/05/25/use-pool-minor-rule-could-discriminatory/3756611002/
Nevada’s real estate industry blamed wrong enemy when bubble burst
Las Vegas’ economy is on strong footing today, but in early 2015 it was still climbing out from the dark days of the recession. The valley was still flooded with underwater houses, Nevada had one of the highest foreclosure rates in the country, homebuilders’ sales in Las Vegas remained a fraction of their bloated, bubble-era […]
HOA must deal with bully board member (NV)
Q: I meant to ask you as a new board member (October 2018), can I ask for copies of the contracts we have for the vendors and contractors, insurance companies and lawyers. I have no idea who all these companies are, and I am the vice president. Read the Q&A…………………….
Residents hit with $31K water bill from city of Houston (TX)
Imagine opening up your water bill and seeing you owe more than $31,000 for one month’s worth of service. KPRC2 has reported many times on huge water bills, but this one may just be the biggest. Residents at the Cline Street Place Condominium community are furious with the city and demanding action Read the article………………….
Navy veteran fights HOA after tree falls on his house (CA)
The monster stood 78 feet tall. It measured just more than 40 inches across its midsection and scared them for decades. Looming. Throwing shade. In July 1996, they notified the authorities they were in danger. Lela Grossack pulled out the paperwork she kept, an official report she filed with the Casta Del Sol homeowners association […]
Clinton Hill Co-op’s Long Nightmare Is Over (NY)
An impassioned battle to keep a live-in handyman from being evicted from his rent-free apartment in the Clinton Hill Cooperative has been resolved. The handyman, Hector Caballero, and his family will be allowed to stay in their home of 19 years – but they must start paying a below-market rent, Patch reports. Read the article………………………
8 Rules HOA Boards Can Follow to Keep Residents Safe
When it comes to increasing and maintaining the value of your neighborhood, it’s on your plate to make sure safety is one of the top priorities for your HOA Board. However, it can often be a challenge to keep up with each and every one of your neighbors. We’ve rounded up 8 simple rules you […]
Several Hurt When Chlorine Surges At Lincolnshire Condo Pool (IL)
The fire department in Lincolnshire says 14 people were taken to hospitals Thursday afternoon after a chlorine leak at a condo building swimming pool, with gas readings so high they blew out two meters. It’s an outdoor pool, but the building nearby is where the chlorine leak occurred, at the Village Green Condos in Lincolnshire. […]
First Step Toward Managing your Association’s Data Breach Liability Risks Is Recognizing Them (MA
You are the president of a condominium board and you don’t appreciate getting a call from a fellow board-member Sunday at midnight. The reason for the call is even less welcome. The board member has lost a laptop containing every essential piece of association related information it would be possible for anyone to have. Names, […]
When problems arise in your condo’s front yard (MI)
Q: We live in a condo that had a general common element tree in front of our unit that shed very sharp thorns, and research determined the species of the tree to be toxic. The condo association board finally removed the tree, but has refused to replace it. Do we have a basis to demand […]
Woman moves out of her condo instead of giving up her dog (GA)
Petty, cruel, and obnoxious. That’s the description a resident gave of a condo policy forcing a woman to give up one of her dogs because she’s over the building’s pet limit. She sent her story to K9Kait, our digital hub for all dog news, and Kaitlyn Ross looked in to why she said she would […]
The people of Stapleton will vote on changing the neighborhood’s name — but only the property-owning people (CO)
Stapleton property owners this summer will get a chance to vote on whether to rename the neighborhood — the latest chapter of a years-long debate over whether keeping it upholds a racist legacy. The Master Community Association is putting finishing touches on a referendum asking if the Stapleton name should be legally removed from a […]
First fire damage, now structural issues in new building. Urbandale condo owners desperate for answers (IA)
From the beginning, all Nanette LaVia and her neighbors wanted to know was who’s responsible for the mess and when they could move back in. Fire destroyed one of four buildings at Plumwood Terrace Condominiums in Urbandale on New Year’s Day 2018. LaVia and 35 neighbors, many of them elderly or disabled, have been living […]
Are emails between directors a record of the condominium? The CAT says… (ON)
Can owners request copies of emails between directors? Can the condominium refuse a record request because the owner’s reason for requesting the records is apparently unrelated to their ownership interests? Must the owner prove their reason is related to their ownership interest, or is the onus on the condominium to prove the reason is unrelated […]
South Hampton HOA treasurer pleads guilty to embezzlement charge (MD)
Just days before his trial was set to begin, South Hampton Homeowners’ Association treasurer Benedicto Afroilan pleaded guilty to a single misdemeanor charge of fraudulent misappropriation, likely bringing an end to court proceedings against Afroilan and his four co-defendants in the case. (link requires a subscription)
How Can I Help Animals in My Community?
Wild creatures are common visitors in many neighborhoods. However, they are sometimes known to dig holes in carefully-tended lawns, scavenge vegetable gardens, and make a mess of trash bins! Because suburban areas are also part of these creatures’ natural habitats, relocating these animals can harm them; this is why we are sharing some simple tips […]
Condo association sues Fort Lauderdale after city rejects plans for downtown site (FL)
When Trammell Crow Residential brought plans to bring a new 21-story, 180-unit apartment tower in downtown Fort Lauderdale in 2017, the project seemed like a sure thing. Two city committees had found the project to have largely met the city’s guidelines. It also received approval from the historic preservation board. But a year later, under […]
Five Considerations in a Condo Deconversion (IL)
In the past few years, the demand for rental units has increased due to a number of factors including rising home prices, declining homeownership among seniors, increased single-person households, and tougher mortgage lending standards. Accordingly, a new phenomenon has emerged where all the units in a condominium building are sold to a third party who […]
Avoiding Selective Rules Enforcement for Condo Associations (FL)
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because […]
Sexism on Condo Boards? (ON)
Earlier this month, CBC published an article on gender parity on corporate boards across Canada. Its findings were surprising and it made us wonder whether condo boards fared better in Ontario. You may be surprised by the results of our research. Read the article……………………….
Co-op Board Members Charged With Taking $874,000 in Bribes (NY)
Two co-op board members and an office manager at the affordable Luna Park Houses on Coney Island have been indicted for accepting $874,000 in cash bribes to get ineligible applicants into apartments, NBC News reports. Read the article……………………….
Bella Vista warned of unhealthy air near dump-site fire (AR)
Residents near an underground fire should assume the air quality is unhealthy while contractors work to extinguish the fire, according to the Bella Vista Property Owners Association. The air quality forecast for the remainder of the excavation activities is for an “unhealthy” air quality index and higher, as defined by the U.S. Environmental Protection Agency, […]
Bentonville files lawsuit over Lake Bella Vista (AR)
The city is asking a judge to decide what property rights it has regarding the Lake Bella Vista dam. George Spence filed the lawsuit on behalf of the city last week in Benton County Circuit Court. Cooper Realty Investments and the Bentonville/Bella Vista Trailblazers Association are the defendants. Read the article………………………
Homeowner association files lawsuit to stop potential Tanglewood high-rise development (TX)
A homeowner association filed a lawsuit to prevent a possible 20-story high-rise from going up in Tanglewood. The petition, filed by the Tanglewood Homes Association, asks for a declaratory judgment that would prevent the defendant, WMJK Ltd., from pursuing a 20-story tower. The association says the proposed tower at 1661 Tanglewood Blvd. would “throw a […]
Tips for Dealing with Noise in Your HOA or Condo
Noise is an inevitable reality in homeowners associations and condominium communities. Condominium dwellers live in such close proximity, it’s essential that we consider the effect noise will have on our neighbors when deciding on floor coverings, where to mount the flat-screen television or when to knock out a wall. Read the article……………………..
Condo Directors Found in Contempt and Fined (ON)
In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. Read the article……………………
Financial Management of Community Associations |Part 3 : Budgetary Roles and Responsiblities & Budget Presentation
The roles and responsibilities with regards to the budget at your community association can be varied. The manager, board of directors, treasurer, and even the owners all have different roles in planning and maintaining the budget. We will take a detailed look at those roles as well as the best ways to present a budget. […]
Know the Rules Regarding Raising the Flag and Flagpoles
Homeowners associations and condominium communities are in the best position to determine the appropriate size, placement and installation of flags and flagpoles in their communities. That’s why CAI applauded the 2006 enactment of federal legislation giving residents the right to fly an American flag as long as they do so in compliance with association rules […]
Forest Park celebrates firewise with brush dumpster (AZ)
To celebrate Firewise Week, the Forest Park Homeowners Association rented a dumpster for residents to toss clippings and brush. The community has worked hard to follow the Firewise guidelines of the National Fire Protection Association. The effort has paid off, NFPA recognizes Forest Park as a National Firewise Community. Read the article………………………
Suit: Hyatt Grand Aspen timeshares dropped in value (CO)
More than 560 owners of fractional units at the Hyatt Grand Aspen have seen their timeshares drop in value because of underhanded dealing by Hyatt Hotels, Interval Leisure Group and Marriott Vacations Worldwide, among other entities. That’s part of the accusations made in a complaint filed by G.A. Resort Condominium Association, which has levied 13 […]
Luxury condo building in Birmingham has been sitting mostly empty for 2 years
A newly constructed luxury condominium building in downtown Birmingham is sitting mostly empty and in trouble with its bank lenders after failing to sell enough $1.7 million-plus condos. The Forefront, 400 S. Old Woodward Ave., opened nearly two years ago but has sold only two of its 10 residential condos. The three-story building fell into […]
Hampton Terrace to get road safety changes after series of crashes (FL)
One Tampa neighborhood is set to see major road-safety upgrades after a series of crashes, reports of speeding and years of asking the city for changes. Hampton Terrace, located in Tampa’s Seminole Heights community, has a speed limit of 25 miles per hour. However, drivers are often going a whole lot faster. Read the article……………………..
Owners in one of Hawaii’s most exclusive condos sue over construction defects
There are at least 120 different construction defects at one of Hawaii’s most exclusive condominium towers, according to a lawsuit filed by property owners at the tower ? and a shortage in skilled building laborers may be at least partially to blame. The suit alleges a wide range of construction projects at the Waiea condominium […]
Stallings woman upset with brightness of fence her HOA put up (NC)
Joyce Hartis’s HOA put up a fence a few months ago. “I didn’t know it would be so bright and reflective,” she told Action 9’s Jason Stoogenke. “It hurts your eyes extremely.” So she keeps the blinds on the back side of her house closed and puts paper on the windows that don’t have blinds. […]
Gold Coast condo association sues former board member, claiming ‘frivolous’ complaints (IL)
A Circuit Court judge will decide if a unit owner, who is a former board member, has gone too far with lawsuits and other complaints against a Gold Coast condominium association. 111 East Chestnut Street Condominium Association is suing Brian Connolly, saying he has filed “frivolous” lawsuits, reported “matters of no consequence” to city departments, […]
No fine for Fort Hood soldier flying American flag in Killeen neighborhood (TX)
Associa Hill Country of Round Rock’s legal counsel said there was never an active investigation opened, so no fine was ever on the horizon for Sgt. Chris Link. Read the article……………………….
MUDs fund building blocks of Pearland’s development (TX)
Special districts crafted to meet infrastructure needs for public utilities might be one of the hardest to understand taxing entities operating within Pearland’s boundaries and the surrounding land the city asserts authority over, officials said. Municipal utility districts cover about one-fourth of the 77 square miles making up the city of Pearland and its extraterritorial […]
FHA’s Montgomery says “more flexible” condo rules are coming
Federal Housing Administration Commissioner Brian Montgomery said the agency is currently working to revise its condominium approval rules and that he expects a final rule to be announced soon. Speaking before 100 representatives from the National Association of Realtors at a meeting last week about regulatory issues in housing, Montgomery said the agency is actively […]
Understanding Stormwater Systems (FL)
South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance. Some counties and local water control districts require licensing and renewal of the permits for the […]
Quorum and Amendment Vote Different (FL)
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is that legal? […]
Can board members cancel contract that was signed without board approval (FL)
Q: Our Board president signed a contract for over $100,000 that was never approved by the Board. In fact, we (the other board members) never knew the contract was being considered. We have removed the president from her office, but want to know how we can cancel the contract. Read the Q&A……………………..
‘Nuts’ UWS man who sued his condo board blasted as NYC’s ‘worst neighbor’
He’s the Lord of the Gadflies. James Miller holds his luxury Upper West Side high-rise accountable for everything he can think of — and then some — from security, sidewalk cracks, pool temperature, squeaky elevators and tree removal to unfriendly employees and how the snow is shoveled. Read the article……………………..
Residents on Lake Orono seek taxing district (MN)
Residents around Elk River’s Lake Orono are working on a special taxing district that will contribute monies toward the restoration and maintenance of that lake, officials learned on May 6 at a work session. State agencies have identified the lake as impaired due to algae pollution and invasive species infestation, and for the past three […]
Continuing to serve after resignation? (FL)
Q: The president of my condominium association resigned verbally at a board meeting both as a director and as president. A few hours later he sent out a written notice expressing his desire to resign effective immediately. A newsletter was sent by the association to the entire community advising all the members of the resignation. […]
Homeowners, HOA clash over backyard gazebo (NV)
There’s a battle brewing between two Las Vegas homeowners and their HOA. The issue centers around a gazebo housed in their backyard. Read the article…………………..
HOA Homefront – Open Forum guidelines for directors and members (CA)
The “Open Meeting Act” (Civil Code Sections 4900-4955), requires at Section 4925(b) that all membership meetings and board meetings have a time set aside for members to speak. This time is often called “open forum.” In open forum, a member can speak on topics on or off the agenda. Some associations avoid open forum and […]
Annual Meeting Basics: Getting the Voters and Counting Their Votes (NY)
There are four steps to running an annual meeting at a co-op or condominium that result in the election of a new board without unwelcome vituperation or litigation. The first two steps, as noted earlier this week, are distributing a proper meeting notice and collecting valid proxies. Today we look at the final two steps. […]