ONCAT: Condo unit owners lose standing to request records under Condo Act s.55 when they sell their unit. This owner applied to ONCAT for a production order but sold unit before case was decided. Being appointed the new owners’ agent did not solve issue. Read the article……………………………..
Live Long and Prosper in a Health-Conscious Colorado Condo
Around the nation, builders and developers are beginning to experiment on projects that include wellness features – better air filtration, circadian rhythm lighting, furnishings and building materials that don’t off-gas dangerous chemicals, among other things. Read the article……………………….
Fed-up Mississippi neighbors plant banana tree in oversized pothole (MS)
People in one north Mississippi neighborhood are tired of a pothole in their road, so they took extreme measures to draw attention to the problem. Read the article………………………..
Leelanau Township treehouse owner accused of violating settlement (MI)
The Shores Homeowners Association (HOA) and Leelanau Township have filed a court order to have a tree house torn down because its owner allegedly violated a settlement agreement inked earlier this year. Read the article……………………………
Woodside Condominiums tenants in limbo as property grapples with $136,000 water bill (AL)
rmingham Water Works turned the water back on Monday afternoon at Woodside Condominiums in Center Point pending payment. Woodside Condominiums treasurer Ethel Sizemore is working out a payment plan on a more than $130,000 bill. Read the article………………………….
Condo Law Digest – September 2019 (ON)
MTCC No. 590 is a 20-storey condominium in downtown Toronto. The units on the top 4 floors have wood-burning fireplaces, and each fireplace has a chimney flue that eventually vents onto the roof. From 2013 to 2017 the Corporation obtained several engineering reports advising that the fireplaces were no longer safe to use. The fireplaces […]
2 decades of reports show Marion dam needed repairs before condo complex sank (NC)
An empty basin is all that’s left of a lake that sits beside the Westwood Chateau condo complex in Marion. News 13 has found inspection reports for Lady Marion Dam dating to 1995 that show owner G. Byron Phillips had been notified of breaks and problems. Some problems were labeled as high severity in a 2016 […]
Dog discrimination claim dismissed by B.C. tribunal in condo dispute about barking
Dog owner Jia Wu believes that she was fined inappropriately by her strata corporation. Wu has paid $300 for violating the condo development’s noise bylaw on account of her dog’s excessive barking while she is away at work. Wu also owes $200 more, which she has not paid. Wu believes that it isn’t fair […]
The revival of condo lobbies — from gathering spaces to refrigerated package drop-off areas (NY)
The goal is to address changes to the way residents live — and to encourage them to stick around rather than simply walking through the lobby on their way to private units Read the article………………………….
A Budget Deficit Is a Recipe for Disaster (NY)
They’re running a deficit, and it’s been growing year by year, so their problems are compounding. Every month they’re paying late fees, and interest is accruing on their late payments. Most recently, they paid their property taxes a couple months late and were charged interest. Because they had a line of credit with their bank, […]
Maintenance, Repair and Replacement in HOAs and Condos (Including Hurricane and Casualty Events) (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 […]
Northern Hills residents getting frustrated with persistent leak-per-week problem (TX)
Over 1,700 homeowners in one Northeast San Antonio neighborhood are growing more frustrated with a seemingly unending series of water line breaks that have left multiple streets wet and some sidewalks impassable for kids walking to school. Read the article……………………….
Diamondhead POA president files assault charge against mayor (MS)
The president of Diamondhead’s Property Owners Association on Monday filed a simple assault charge against the city’s mayor, Tommy Schafer. It comes almost a week after a confrontation between the two following an official city/POA meeting known as the Community Collaborative. That meeting happened September 4 at the Diamondhead County Club. Read the article………………………
Managing Recovery Efforts after a Hurricane
A fter battering the Bahamas as a Category 5 storm, Hurricane Dorian wreaked havoc on the Carolinas bringing heavy rain, strong winds, and leaving more than 200,000 people without power, according to The New York Times. As residents begin to rebuild after Hurricane Dorian, disaster recovery is usually an incremental and extended process. Here are […]
I Have to Ask: Being Special in a Special District
Laura Savage is a local government employee, but not in the traditional sense. She’s the Assistant to the District Manager. Hmm… that sounds like something legitimate, but if you’re like me it doesn’t quite stick the landing. That’s because she works, lives, plays, and raises her family in a special district, which is not exactly […]
Australia: Many Mascot Towers owners can’t pay levy
Apartment owners in Sydney’s cracked Mascot Towers have asked for the NSW government to help fund remediation works because a third of them can’t afford to pay a special levy. Residents of the 132 apartments were evacuated in mid-June due to cracking in the primary support structure and facade masonry. Read the article…………………………
How can I tell if a co-op or condo board member has a conflict of interest—and what can I do about it? (NY)
Co-op and condo board politics can get heated, but actual conflicts of interest are few and far between. “There’s a conflict of interest when, and only when, a board member has a pecuniary interest in the issue on which the board has to decide,” says real estate attorney Ian Brandt, a partner at the Manhattan […]
Residents at local condominium complex endure seven years of mailbox break-ins (NV)
It’s a felony punishable by federal prison. Residents of a local apartment complex near Maryland Parkway and Vegas Valley Drive say mailbox break-ins are happening on a regular basis, and they’re not sure what can be done. They’re fed up. Longtime residents say broken and damaged boxes are a regularity. Wathc the news report………………………….
Following fire, Woodside Condominium neighbors on day 5 without running water (AL)
Residents of the Woodside Condominiums in Center Point tell ABC 33/40 they’re fed up. Wednesday, a fire damaged parts of the complex, but residents who weren’t impacted ended the day with another problem, their water was shut off… It has been since Wednesday. Read the article………………………
Insurance 101 for condo owners (BC)
Now you’ve bought the condo, what about insurance? First-time condo owners need to carefully consider the insurance they need – and what the strata corporation covers – to be adequately protected if there is a claim Read the article………………………
Licensed workers, special assessment funds topics of inquiries (FL)
In a recent column you answered a query about a board requiring only licensed workers in your home. You said it is likely enforceable. Does that mean that handymen are not allowed in that community? Handymen do not need to be licensed. What about seniors who need a bulb changed or an a/c filter change? […]
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
Recent South Carolina Solar Law and What it Means for Your HOA
A South Carolina solar bill that was signed into law by Governor Henry McMaster in May this year might have impacts on your homeowners association by increasing the number of property owners looking to install some sort of solar technology on their property. Since most HOAs have architectural approval procedures for changes to properties, that […]
What Management Companies Can Do About Check Fraud (CO)
A local banking institution recently issued a warning that thieves have been targeting landscaping companies in the Front Range, stealing checks from their mailboxes. The checks are then deposited with forged signatures and/or the checks are reprinted for additional fraudulent transactions. Once the account number on the check has been compromised, the account must be […]
Here’s when to take down hurricane shutters, plywood off the windows (FL)
Like mowing the lawn and taking out the trash, shuttering a home ahead of hurricane is a way of life for Treasure Coast residents. Hurricane Dorian proved predictions can be a gamble regardless how closely meteorologists count the cards. It also showed shutters are a necessary evil of life in the tropics. Read the article………………………..
HOA Homefront: What, where is an “exclusive use common area?”
The typical condominium project consists of three categories of property – the “separate interest” (normally called the “unit”), the common area and a subset of a common area called “exclusive use common area.” Misunderstandings regarding exclusive use area lead to many disputes. Simply put, exclusive use areas are not “your” property, but a part of […]
There are many complexities in homeowner associations (NC)
I would like to express my opinions regarding the homeowner/property owners associations. We all have differing needs and expectations when it comes to our homes and dwellings. These groups or associations can be the greatest asset and source of comfort or a financial drain and/or an emotional nightmare which seems to suck the oxygen out […]
State Fire Marshal stumped on cause of Perdido Key condo fire (FL)
The State Fire Marshal’s Office was unable to determine the cause of a June 19 condominium fire in Perdido Key. The blaze destroyed 27 residences in the 17000 block of Perdido Key Drive, including a number of Key Harbour and Pescador Landing condos. There were no major injuries associated with the fire, but the size […]
3 people, including child, hurt in New Jersey condo complex fire
At least three people were injured, including a mother and her child, in a fast-moving fire in New Jersey early Friday. The flames erupted around 1 a.m. at the High Point Condo Complex in Lakewood. Video from the scene shows the fire shooting through the building’s roof. Read the article……………………….
More time granted for residents in La Bota Ranch suit (TX)
La Bota Ranch residents suing several of their Homeowners Association board members were granted more time to gather evidence of board members’ alleged self-dealing. On Thursday, 49th District Court Judge Joe Lopez granted a motion for continuance to delay the trial and extend their preparation time. Residents said the defendants did not overturn all the […]
Business judgment needed when budgeting for roofs (FL)
Q: Our condominium had a new roof installed following a recent hurricane. The roof was paid for by insurance proceeds and the cost to replace the roof seemed high because of the high demand at the time. We have a contractor giving us a price to replace the roofs today, and we have another owner […]
YOUR HOA INSURANCE RESPONSIBILITIES: HO-3 VS. HO-6
Owning a condo, townhouse or any other type of home is exciting, but comes with a lot of responsibility. From paying monthly bills on time to keeping up with housework and having the right homeowner’s insurance in place, the to-do list can often seem never-ending. Buying homeowner’s insurance for a home in an HOA or […]
What is An Annual Disclosure? (CA)
Every state regulates elements of how HOAs operate, and in California. Those regulations include which public documents need to be created annually by the HOA board. There are very detailed and specific requirements and should become familiar with the ins and outs of what is needed. Making sure these documents are created correctly and on […]
The Member’s Role in a Community Association
You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of what a community association is all about, please here. So now what? You have automatically become a member of the association within your subdivision. Read the article………………
Condo column: Truck owner at odds with association (FL)
Q: I live in a condominium that has fairly strict vehicle restrictions. I recently purchased a very expensive truck that costs more than most luxury cars and the Association is demanding that I remove the truck because it is a violation of the covenants based on the size. I can’t find any size restrictions in […]
Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure (FL)
The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. Having found that the joint […]
Section 15 Deconversion Sales: Legal Challenges & Legal Duties of the Board of Directors (IL)
We are now more than three years into the condominium deconversion wave that took the Chicagoland real estate industry by surprise in 2015. While deconversions may appear to be commonplace, so are the challenges to these unique large sale transactions. Read the article………………
Dealing with Bullies in your HOA: How to Put a Stop to Destructive Behavior
A thriving HOA board is one comprised of members focused on doing what is best for the association. All it takes for disruption and sometimes, total chaos, is one board member who exhibits bullying behavior toward others. The Merriam Webster dictionary defines bullying as, “to treat someone in a cruel, insulting, threatening, or aggressive fashion.” […]
Australia: Vegan Cilla Carden’s court action against neighbour (in strata) sparks huge barbecue meat protest
More than five thousand people are planning to attend a protest barbecue outside the home of a vegan who took her neighbour to court over the smell of cooking meat wafting into her yard.Read the article………………
Management Insider #5 – The Power of the Zero Invoice & Other Tips
In Management Insider #4, we encouraged management companies to provide their managers with tools and support to help them communicate with their clients. This is especially important for newer managers who may not have had the opportunity to grow their emotional intelligence or general business acumen at this point in their careers. Read the article………………
Steps to Take When the Board Loses Quorum
It is easy to forget that condominium corporations don’t simply run themselves. They are run by people. Volunteers with other family, social and professional obligations that keep them busy. So what happens when the board loses some of its members? What if it loses quorum? Read the article………………
12 displaced at Woodside Condos after 4 units catch fire (AL)
Twelve occupants are displaced after a fire involves four units at the Woodside Condos on Shadowood Circle. According to the Center Point Fire Department, one person was hurt and transported to the hospital for a minor injury after a fire broke out on the west side of Woodside Condos. At least 12 occupants, six adults […]
Golf carts could become street legal in one Ouachita Parish neighborhood (LA)
Caldwell stated in the public meeting that he was approached by the Frenchman’s Bend Homeowners Association about the possible chance. The potential ordinance would be in accordance with LA. R.S. 32:299.4, and follow strict guidelines. “You would have to be a licensed driver, the equipment would have to be equipped with things like brake lights, […]
How to Evaluate Service Provided by Contractors
One of the common issues that boards deal with is whether a contractor is providing adequate service. Before passing judgment on the service being provided by a contractor, the board should be aware of the exact specifications the contract requires. For example, if the board is unhappy that their landscaper is not weeding flower beds, […]
Lewes Public Library files suit against Five Points over land dispute (MD/DE)
A “Free Little Library” at The Villages of Five Points in Lewes is now the center of a lawsuit. Lewes Public Library filed the suit against Villages of Five Points Property Owners Association over a months-long land dispute. It wants a court order declaring the land belongs to the nonprofit and that it has built […]
CAI Urges FCC to Improve Competitive Broadband in Community Associations
According to the FCC, an important part of closing the digital divide is promoting high-speed broadband access for the millions of Americans who live and work in apartments, condominiums, and office buildings, which the commission calls multiple tenant environments (MTEs). Read the article………………
SB326 – The Balcony Inspection Provisions of the Bill – How Will It Impact Common Interest Developments? (HI)
The Governor signed SB326 August 30, 2019. This new law will have a substantial impact on Common Interest Developments (CID’s) throughout the State of California. The bill was introduced as a response to the Berkeley balcony collapse at the Library Gardens Apartments on June 16, 2015, when thirteen students fell forty feet from a fifth-floor […]
Enforcement: Short-Term Rentals
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions.” Read the article……………………………..
Hundreds of dead fish floating in pond in Goodyear (AZ)
Dozens of fish at a pond in Goodyear’s Estrella Mountain Ranch community are turning up dead, and nearby residents who walk and bike in the area say because of the smell and sight. they no longer can. In addition, some residents say this problem has been going on for a few months, and nothing is […]
Climate Legislation and Emissions Issues: How Attorneys Can Advise Boards (NY)
While the ‘Green New Deal’ and other long-term climate solutions are being debated at the federal level, some states and municipalities are getting in on the action as well, setting legal emissions benchmarks that will have a real impact on the lives of multifamily community residents – including those in co-ops, condos, and HOAs. Read […]