Articles About Documents and Rules for Condominium and Homeowner Associations
Amending Documents in Condominium and Homeowner Association
- New Kansas law will allow homeowners to wipe away racist language from property deeds May 2, 2024Racially restrictive deeds and exclusionary covenants are still scattered across the Kansas City metro, embedded deep in the bylaws of homes associations and subdivisions’ rules, even though they can no longer be enforced. Now, property owners have a way to remove the language from the documents. Read the article…………………………….
- Fixing Your HOA’s Governing Documents April 25, 2024Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Read the article…………………………….
- Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
- Compliance with State and County Recording Requirements For Amendment Filings Is No Easy Task (OH) November 13, 2023When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the County will refuse to record the amendment. Read the article…………………………….
Creating Rules & Regulations for Condominium and Homeowner Associations
- Settlement Agreements Binding Without Signature (FL) May 8, 2024The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel had clear and unequivocal authority from the client to settle the case and correspondence between the parties’ attorneys showed that no essential terms of the ...
- Condo Column: The monkey lost (NH) May 8, 2024All too often attorneys only tell others about the cases they win. This column is about one I recently lost……The developer constructed two of three commercial buildings and then disappeared for fourteen years before coming back to try and construct the third building. There were two problems with what he wanted to do, I pointed out to the trial court. Read the article…………………………….
- Malaysia: Call to improve the strata property law: Condo owners win 10-year repair dispute with developer May 8, 2024The High Court of Sabah and Sarawak here on Tuesday settled a lawsuit claim over defects in the common area of the Peak Vista Condominium at Signal Hill besides the intercom system of both towers of the condominium project that has been unresolved for almost 10 years. Read the article…………………………….
- Enumerate launches Automate AP to help community associations save cost, reduce fraud risk, and improve operational efficiency May 8, 2024Enumerate, the leading provider of community association management software and payments solutions, is excited to announce the launch of Automate AP, a fully native and comprehensive accounts payable offering that automates invoice ingestion, approval workflows and payment delivery. Automate AP complements Enumerate’s AR payments offering to fully automate and streamline inflows and outflows of cash, giving community managers greater visibility and control of their business. Read the article…………………………….
Creating Rules & Regulations Archives
Enforcing Documents & Rules
- Settlement Agreements Binding Without Signature (FL) May 8, 2024The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel had clear and unequivocal authority from the client to settle the case and correspondence between the parties’ attorneys showed that no essential terms of the ...
- Condo Column: The monkey lost (NH) May 8, 2024All too often attorneys only tell others about the cases they win. This column is about one I recently lost……The developer constructed two of three commercial buildings and then disappeared for fourteen years before coming back to try and construct the third building. There were two problems with what he wanted to do, I pointed out to the trial court. Read the article…………………………….
- Malaysia: Call to improve the strata property law: Condo owners win 10-year repair dispute with developer May 8, 2024The High Court of Sabah and Sarawak here on Tuesday settled a lawsuit claim over defects in the common area of the Peak Vista Condominium at Signal Hill besides the intercom system of both towers of the condominium project that has been unresolved for almost 10 years. Read the article…………………………….
- Enumerate launches Automate AP to help community associations save cost, reduce fraud risk, and improve operational efficiency May 8, 2024Enumerate, the leading provider of community association management software and payments solutions, is excited to announce the launch of Automate AP, a fully native and comprehensive accounts payable offering that automates invoice ingestion, approval workflows and payment delivery. Automate AP complements Enumerate’s AR payments offering to fully automate and streamline inflows and outflows of cash, giving community managers greater visibility and control of their business. Read the article…………………………….
- Just the judge: No jury in Homestead trial (WA) May 8, 2024It meant that, continuing Thursday and on into this week, contested issues regarding the north Lynden Homestead golf course and surrounding residential properties are being argued directly to Freeman for summary judgment. It is Freeman’s job to sort out what actions complied with applicable law and what did not. At issue are the monthly maintenance fees paid by more than 600 homeowners in Homestead, what those fees should be used for, what is common open space in the development, whether ...
Enforcing Documents & Rules Archives
General Articles About Documents & Rules
- Community Association Boards: How Documents Protect or Expose Your Decisions April 28, 2024Community association governing documents offer a framework for board actions, but it’s imperative for boards to carefully follow them to ensure protection and validity of their decisions. Decisions and actions must be supported by the provisions in these documents and other applicable laws. Read the article…………………………….
- Regulations and Statutes March 25, 2024Homeowners Associations (HOAs) play a crucial role in maintaining the integrity and value of residential communities across the United States. However, managing an HOA involves navigating a complex web of state and federal regulations, as well as adhering to community bylaws and governing documents. Read the article…………………………….
- Governing Document Reviews and Amendments (OH) March 23, 2024It is important for boards to be familiar with and to regularly review their community’s governing documents. The governing documents of a community generally consist of the declaration of covenants and restrictions (often referred to as declarations), the code of regulations/bylaws, the articles of incorporation, and possibly, rules and regulations, and these documents provide the foundation for every action an association takes Read the article…………………………….
- Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA) March 18, 2024For HOAs, implementing universal rules and expectations is part of what helps a community thrive. To structure these, every association has three types of governing documents: Covenants, Conditions & Restrictions (called “CC&Rs”), Bylaws, and Rules & Regulations. Read the article…………………………….
General Articles About Documents & Rules Archives
Dispute Resolution for Community Associations
- Renter says HOA board member is harassing her (NV) April 29, 2024Q: I recently read your article about Nevada laws and residential bullying. I appreciate the ethos of the article and addressing where manners of reason may often go wrong. I feel as if I, a renter, am experiencing harassment from an individual on the HOA board, who lives across from me. Her car is parked facing my unit. Read the Q&A………………………………..
- Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations April 17, 2024In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. Read the article…………………………….
- Why might a resident take your HOA to court? (CT) April 15, 2024Running a homeowners association (HOA) can be incredibly challenging at times. Residents won’t always agree with everything you do, despite you doing them to protect the interests of the HOA and the residents in general. Dealing with a legal challenge from one or more residents can be frustrating, time-consuming and costly for an HOA. Understanding some of the most common reasons for challenges can help you anticipate and, hopefully, avoid them. Read the article…………………………….
- How To Effectively Handle Conflict in Your Community April 5, 2024When people live in a community, there is bound to be occasional conflict. Homeowners associations (HOAs) and Condominium associations are no different. Conflicts may arise between homeowners or between the board and homeowners. No matter the reason for the conflict, how you handle it will greatly affect the atmosphere and overall well-being of your community. Thus, you should employ the strategies found in the rest of this guide for effectively handling conflict in your HOA or Condominium association. Read ...
Pets in Condominium and Homeowner Associations
- Beaver dam builds concern for nearby neighborhood (KY) May 1, 2024The first time around, local council representative Brenda Monarrez granted $2,500 in neighborhood development funds to remove the dam. The removal process cost $4,800 in total. This second dam has sat for over a month, and neighbors shared some frustration as their homeowner’s association has not decided how to remove the dam. Read the article…………………………….
- Condo Roofs Becoming Home to Protected Birds (FL) April 30, 2024Many individuals residing in Florida community associations are attracted to their homes by the favorable climate and natural beauty, such as what is found along its beaches. Such conditions have served as the catalyst for much of the development within the state’s coastal areas. However, while the proliferation of communities within Florida’s coastline has allowed many to enjoy the state’s environmental wonders, careful consideration should be taken to preserve much of the natural species affected by the construction and development ...
- Homeowners look to protect families, pets from coyotes — if HOAs allow it (NV) April 24, 2024Dangerous encounters with coyotes across the Las Vegas valley have caught the attention of many concerned about the safety of their families and pets. Some residents of the Green Valley community in Henderson have called the neighborhood a “haven for coyotes.” Others admit to being concerned that the animals roam the area. A local company, AR Iron, says it offers a solution. Read the article…………………………….
- How six local homeowners associations humanely kept 300 goose eggs from hatching (IL) April 23, 2024Last year, over 300 eggs were prevented from hatching in just six local homeowners associations. Robeson Meadows, Westlake, Timberline Valley North and South, Trails of Brittany and Ponds on Windsor all participated in a training workshop given by Friends of Geese (friendsofgeese.com). Residents of the HOAs were taught the egg depredation process Read the article…………………………….
- Neighbor Cries ‘Fowl’ Over Chicken Ban (FL) April 22, 2024Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these rules will be enforced in the future? How can the association ensure that it equally applies its rules to everyone? Read the Q&A………………………………..
Renting in a Community Association
- Untenable Tenants! How To Address Problem Renters In Your Condominium (MI) May 3, 2024Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage general common elements. This article addresses how to deal with the unruly tenant, outlines the various enforcement options offered to a condominium board, and concludes with a description of the ultimate step of eviction. Read the article…………………………….
- Overcoming the Challenge: Ensuring Renters Adhere to Community Guidelines (CA) March 28, 2024In the vibrant tapestry of community living, harmony and order are often maintained through carefully crafted rules and regulations. These are commonly referred to as Covenants, Conditions, and Restrictions (CC&Rs). These guidelines serve as the backbone of residential communities, ensuring that each member contributes to the neighborhood’s overall aesthetic and functional harmony. Read the article…………………………….
- Woman and elderly disabled mother caught in battle between landlord and condo association could be evicted after paying rent (FL) December 13, 2023A woman and her elderly mother are caught in a battle between their landlord and his homeowner’s association. And it could end with the women out on the street. Read the article………………………….
- PBC Owner: Condo says I can lease my unit, but renters can’t use pool, etc. Can they do that? (FL) November 26, 2023Question: Our condominium has several recreational/common areas — swimming pools, saunas, tennis courts, a small gym/workout room, a billiard room, etc. Our board limits usage to some of the areas to owners only. I was under the impression that tenants have the right to use all common/recreational areas that owners enjoy Read the Q&A………………………………
- HOA Q&A: Can our Association legally implement restrictions on renting units, houses? (FL) November 25, 2023Q: I am on the Board of my Association and am writing to ask your opinion on a matter that has been under discussion among the members of my Association. We have been experiencing a large number of sales of units in the development recently. The problem we are seeing is that some of the new buyers are intending to use their unit for rental purposes. Read the Q&A…………………………..
Parking Issues in Condominium and Homeowner Association
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on ...
- Colorado Senate to consider bill to further regulate towing industry April 24, 2024Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal. Read the article…………………………….
- Sweetwater condo residents upset after their cars were towed; management says vehicles didn’t have valid parking permits (FL) April 10, 2024Residents at a condo in Sweetwater woke up to find their cars gone, and they were shocked when they found out who had towed them. 7’s Heather Walker investigates. No one wants to start their day this way. Arely Correa, car towed: “We got up early in the morning to go to work, and we were surprised when both of our cars went missing.” Read the article…………………………….
- New agreement puts parking problems at Ski Time Square Condos in rearview mirror (CO) March 14, 2024After 17 months without on-site parking, the homeowners association for Ski Time Square Condominiums has reached an agreement with the DBT Development Group that will provide both a short-term and long-term resolution. Read the article…………………………….
- To Tow or Not to Tow – Towing Regulations Governing Community Associations (CO) March 1, 2024Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis. Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize parking convenience for residents. These rules may limit the number of vehicles a resident may park within the community, restrict parking locations, establish permissible time frames ...
Noise Issues in Condominium and Homeowner Associations
- Noise Complaints – What Are a Condominium Corporation’s Obligations? (ON) August 8, 2023In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the day and night”. Much of the sound was alleged to be attributable to a baby who was residing in the upper unit. Read the article………………………..
- Court sides with neighbors, files list of injunctions for A.J. Hammons house parties (IN) July 24, 2023The neighbors, along with HOA sought to keep Hammons from having any parties at the home of more that 20 people. In court documents filed Friday, the court ruled that no Indiana laws would allow such a restriction, however, a list of injunctions were filed to address the nature of the parties. Read the article………………………..
- Oak Cliff neighborhood hiring police officers to stop 4th of July illegal fireworks, gunfire (TX) July 3, 2023Residents in Oak Cliff said they’ve been fighting for years to stop fireworks and gunfire during the Fourth of July holiday. This year, the HOA is hiring extra patrols to keep the neighborhood safe and quiet, especially for the elderly. FOX 4’s Rebecca Butcher spoke to those in the neighborhood who said the commotion has been out of control. Read the article………………………..
- Australia: Noisy Strata Neighbours – The Top Noise Complaints June 13, 2023Strata apartments come with many perks for owners and tenants but of course, there’s also a downside with one of the biggest complaints being noise. As more and more people enjoy apartment living noise complaints have increased in recent times by 33%* and they continue to rise. Read the article………………………..
- Neighbors, HOA, file lawsuit against house on Fall Creek Road (IN) May 27, 2023Court documents show four people and the Harrison Run Homeowner’s association have filed for a temporary restraining order and for preliminary injunction against the owner of the home. Read the article………………………..