(By authority conferred on the corporation and securities bureau by section 142 of Act No. 59 of the Public Acts of 1978, as amended, being S559.242 of the Michigan Compiled Laws) PART 1. GENERAL PROVISIONS R 559.101 Definitions. Rule 101. (1) As used in the act and these rules: (a) “A 100-year flood” means a […]
Missoula County: Assessment reignites fight over public bridge to private land (MT)
A recent resolution adopted by the Missoula Board of County Commissioners – to change the boundaries of a Rural Special Improvement District northwest of Seeley Lake and assess landowners for maintenance of the Lindbergh Lake Bridge – resurrected two unresolved questions: Who has access when a public bridge leads to private property? Should bridge ownership […]
Homeowner Suits Against Community Associations
The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operating under corporate nonprofit status. The community association was created by the […]
US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice (MI)
In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. Read the article………………………..
Political battle ignites between Tennessee homeowner associations, absentee corporate landlords (TN)
The political battle between Tennessee homeowner associations and absentee corporate landlords over long-term rentals reignited this month in a state legislative panel. At issue are efforts by some HOAs — nonprofit organizations in subdivisions and planned communities that set and enforce rules for properties and residents — to alter rules involving large corporations buying homes […]
HOA requiring every home in Georgetown neighborhood to have video surveillance (TX)
Every home in the Wolf Ranch neighborhood has a video camera. Some homes even have a video doorbell. It’s required by the homeowners association. Stephen Bednarski’s family moved in several months ago. He says it was a selling point. Read the article………………………….
Community Associations Supporting the Local Ecosystem (VA)
Homeowner and condominium associations make many of the decisions that will determine the future of the birds and butterflies of Northern Virginia. Not only do community associations set standards for landscaping on private property, they also own and control large amounts of community property, including much of what is left of the undeveloped land in […]
City of Beaumont bears costs of maintaining private community’s streetlights (CA)
The city of Beaumont will continue maintaining streetlights in the gated communities of Four Seasons and Solera, using Community Facilities District monies to cover the annual expenses. City Manager Todd Parton told the council at the Aug. 20 meeting that the city had been receiving calls for service on the streetlights in the Four Seasons […]
Housing providers may be prohibited from rejecting renters on basis of arrest record (FL)
I’m writing to you today because of a recent denial I received from a condominium association. Upon going through the process of having my background checked for a rental application, one of my credit reports turned up four evictions. The evictions and the address that the evictions were tied to did not belong to me. […]
How to cope with a misbehaving HOA board member
As a volunteer director on a board of a homeowners association, I imagine one has already been exposed to wild situations, and depending on one’s tenure, a director may have already grown accustomed to misbehaving homeowners. Read the article……………………….
The New Three P’s?
f you live in or work for condominiums you’ve heard of the three p’s: people, pets and parking. These are three of the most common sources of problems in condominiums. (It really boils down to one problem – people – but let’s leave that aside for now.) Lately, it seems like condominiums are encountering problems […]
Should board ask owner to act as handyman? (IL)
Q. What pitfalls face our association if we ask a unit owner to perform certain repairs of the common elements for the association? Read the Q&A…………………………….
How much can be charged in transfer fees? (FL)
Q: How much can a condominium association charge to review and approve a lease application received from a proposed annual renter? Can the same fee be charged for a seasonal renter? Read the Q&A………………………
Homeowner says HOA towed his car illegally (NV)
Q: My name is Eddie. I’ve heard a lot about you and I finally got a second to write and beg for your help. My homeowners association is a mess. I have been fighting them for years. I don’t even know where to begin. Basically, the HOA president thinks she can do whatever she wants. […]
A Simple Trick to Get a Quorum at Every Board Meeting (NY)
Co-op and condo boards have to meet once a month, but people are busy. How do you get everybody in a room together once a month? In the old days, it was always a big problem because people’s schedules conflicted, and it was very hard to get dates that worked for everybody. What we have […]
One HOA rule requires real estate agents to break state law (SC)
Frustration and confusion are just a few of the feelings realtor Rod Smith feels as he stands in a room filled with ‘for sale’ signs. All the signs are individually customized for different homeowners associations. Read the article…………………………
Adding Electronic Voting for Your HOA
Does your HOA struggle with resident involvement in HOA elections and other various meetings and votes? A new method of voting is on the rise throughout the country, and it may just be the answer to your board’s struggle. Two words: electronic voting. Read the article……………………….
Condo Trademarks
It is not uncommon for owners to associate and identify their condominium with the marketing/project name the developer provided for the condominium project. Knowledge and use of the condo corporation’s legal name (for example, Toronto Standard Condominium Corporation No.1234) is often not used by owners. The author of this post sheepishly admits that he only […]
Slain airman’s wife files wrongful death lawsuit against HOA’s (LA)
The wife of a Barksdale airman killed last year while interrupting two would-be car burglars in his garage has filed a wrongful death lawsuit against two homeowners’ associations and their insurance companies, alleging they failed to provide for the safety of their homeowners. Read the article…………………………….
Surprise surveyor sparks property lines dispute (UT)
What would you do if you built a new home and found out you have hidden property? That’s what Mallory Rogers and Steven Carter say happened to them on their dream home. Read the article…………………..
Lawyers for Disabled Plaintiffs Targeting Co-ops and Condos (NY)
When President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law in 1990, it was touted as a breakthrough on a par with the Civil Rights Act of 1964. Now, employers were required to make accommodations to people with disabilities, and public spaces had to be accessible to all. Three decades later, […]
Glendale councilman says he was booted from HOA event because he’s Armenian (CA)
A Glendale city councilman has accused some members of a local homeowner’s association of asking him to leave an event for racially and politically motivated reasons. Councilman Vartan Gharpetian left a Royal Canyon Homeowner’s Assn. event this past Sunday evening feeling “extremely offended and discriminated against” after he was asked to leave by association president […]
What’s in Your Board Member Toolbox?
Serving as a board member of a homeowners association (HOA) can be an incredibly valuable and rewarding experience. That said, it is serious business as there are of responsibilities associated with protecting a community’s assets and making it a great place to live. Read the article…………………………
Condo board at Trump’s Central Park West building votes to keep president’s name on signage (NY)
The condo board of the glass tower at One Central Park West on Tuesday voted unanimously to retain the Trump name on the signage at the front of the building, the New York Post reports. However, the word “tower” will be removed from the marquee over the front entrance, to be replaced with the building’s […]
Border wall plans could divide South Texas retirement community (TX)
Lauren Heiy has an ailing back, but that didn’t stop her from joining about 50 of her neighbors to protest a planned border wall through their River Bend Resort and Golf Club communities. U.S. Customs and Border Protection met with residents at the field office in Brownsville. Heiy, 69, said they asked officials where exactly […]
Condo column: Does condominium association president have rights to residents’ email addresses? (FL)
Q: Does the president of a condominium association have the rights to the email addresses of all its residents for emailing information to the residents? We do not have a community newsletter and the only one who I was told has the rights to all email addresses is the property manager, who is a paid […]
Mountain View condo balcony collapses, injuring one (CA)
A second-story condo balcony with several people on it collapsed Wednesday evening, leaving one person with minor injuries, according to a statement by the Mountain View Fire Department. Read the article………………………..
Where Should an HOA Board Begin with a Capital Project ?
A capital project is a specific plan for making improvements or adding new features to common areas in your HOA. The decision to proceed with a large project is a commitment to the extra time and funds required to get the job done. For board members, tackling a large scale project is often a daunting […]
Hollister Ranch Access Bill Approved by State Assembly, Sits on Governor’s Desk (CA)
Santa Barbara Assemblywoman Monique Limón’s bill to allow public access on the beaches of Hollister Ranch passed the state legislature this week with strong bipartisan support, and awaits the governor’s signature. Read the article……………………..
Residents of The Springs upset FWC will trap bear that bit woman’s ankle (FL)
Residents of The Springs, a gated community near Longwood where every homeowner has a bear-proof garbage can, said Wednesday they’re furious a mother bear with two cubs will be trapped and euthanized by state officials after reports the animal bit a woman in the ankle. Read the article……………………….
HOA now allowing Clearwater police officer to park cruiser in driveway (FL)
A Clearwater police officer who was previously told she could not park her marked cruiser in her driveway is now getting permission from the homeowners association. Read the article………………………
Bathroom sprinkler credited with extinguishing Park Ridge condo fire (IL)
The Park Ridge Fire Department is crediting a residential sprinkler system for containing a fire that started in a condominium bathroom recently. Read the article……………………
AG Hood releases investigation report on frontage road to Tate Reeves’ neighborhood (MS)
Attorney General Jim Hood on Wednesday released an investigative report about his opponent for governor — Lt. Gov. Tate Reeves — and whether Reeves influenced plans for a now-scuttled state road from his gated neighborhood in Flowood to a nearby shopping area. The 43-page report said investigators found a possible violation of a section of […]
Johnson County looks to replace concrete neighborhood roads with asphalt (IN)
Johnson County officials are looking for ways to solve an aging eyesore in several Center Grove area subdivisions — crumbling concrete roads. Residents in the Willow Lakes subdivision recently brought photos and samples of the broken roads before the Johnson County Commissioners. Several neighbors in the development have been complaining for years about the deteriorating […]
Accusations of possible financial abuse by former Chula Vista HOA manager (CA)
A Chula Vista homeowner’s association (HOA) is dealing with claims of embezzlement, corrupted financial records and a police investigation. Team 10 investigative reporter Jennifer Kastner tracked down the former HOA manager who’s at the center of the accusations, who says he did nothing wrong. Read the article…………………………
Can My HOA Prohibit Me From Installing a Solar Panel? (CA)
Anyone who lives in California in a planned development most likely has to join a HOA (Homeowners Association) in the process or purchasing the property. Most likely, this entails a yearly or monthly fee (which can be quite costly, depending on the area in which you reside). The HOA is the group that sets the […]
Tips to Manage Bad Neighbor Behavior
One of the homeowners in our community is being a nuisance to his neighbors, and we’re not sure how to curtail his behavior. According to the complaints we’ve received, this owner has damaged a neighbor’s car, played loud music at night, and threatened to retaliate against owners who complain about him. How can we help […]
Federal Elections: Canvassing and Electoral Signs in Condos (ON)
The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada next general election. Blue, green, orange and red electoral signs (we’ve listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. In fact, two local candidates have already knocked on my door, soliciting my support. Read […]
Senior Communities and HOAs
Baby Boomers account for nearly a quarter of the population in the United States, and the demand for homes within retirement communities is steadily on the rise. Senior living communities are typically marketed to those 55 years or older and appeal to older adults who are looking to live near others in the same stage […]
When to Start Your Community Association Paving Project
Before starting on a community association paving project, it is important to understand what the various asphalt services are, as well as when and why you should apply them. Understanding this will save you money and ensure that your homeowners are happy and the curb value of your community remains high. Read the article……………………….
Developer could turn Silver Lake golf course into condos (MI)
After nearly 100 years in business, the current owners say they are closing the Silver Lake Country Club golf course in Cannon Township and selling the carts and maintenance equipment. Now some are wondering what happens next to the golf course and what is the impact on people who live in more than 125 condominiums […]
Openness may help prevent HOA legal fights (MO)
Like individuals, the boards of Home Owner Associations can have distinct personalities, interests, strengths and weaknesses. Some play well with others and stay out of trouble, while others might always be entangled in conflicts.
After Her 2 Young Sons Drowned in a Condo Complex Pool, Fla. Mom Is Charged With Manslaughter (FL)
A Florida mom and her boyfriend are charged with aggravated manslaughter after her two sons, age 5 and 6, drowned in a pool at their condo complex, say police………Surveillance video shows the victims “unsupervised and running to the pool area at approximately 7:16 p.m.,” the sheriff’s office says in the statement. Read the article……………………..
Special Assessments in Condos: Insure Your Risk
At a recent annual general meeting, the owners were advised that their reserve fund was not properly funded over the years and repairs needed to be done to the roofs and parking garage in the very near future. There was discussion around special assessments and how owners would be paying those amounts. There was also […]
New Legislation Impacting Florida Construction Defect Litigation
Section 624.1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated after January 1, 2020. Read the article……………………..
Maintenance, Repair and Replacement in HOAs & Condos (Including Hurricane and Casualty) (NC)
Prior to Hurricane Dorian our firm again sent out emergency contact information (emails and cell phone numbers) for all our community association attorneys. The thought behind doing this before significant storms is that in the event of HOA or condo damage, immediate advice may be needed on who is responsible for making and/or paying for necessary repairs. (And, yes, […]
New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential Housing
A new Illinois law that will take effect on January 1, 2020, will help condominium associations and other housing providers evaluate requests for emotional support animals and other assistance animals. Read the article………………………….
Australia: Are You Speaking Legalese? – The Need for Easily Understandable Bylaws
For instructions to be followed, they need to easily understood, likewise, we believe by-laws should use language and a structure which is immediately apparent and understandable, avoiding the use of legal jargon or overly complicated terms and phrases known as legalese. Read the article…………………………
Are you Getting Good Value for your Condo Fees?
A couple of weeks ago we launched our most ambitious survey, aimed at getting an accurate picture of condo fees in Ontario. Read the article…………………………
Sustainability and Your Association: 10 Things to Consider
Small scale and community-wide sustainability efforts can have an environmental impact. From simple lightbulb changes to water efficient landscaping, there are many steps an Association can take to reduce their carbon and energy footprint. Performing an energy audit, forming a green committee, and identifying eco-friendly initiatives in capital improvement projects can also foster member engagement […]