From time to time, specific issues will arise that seem to cross the country at the speed of the internet and create problems or concerns for condominium and homeowner associations. On this page we’ll try and track the news items and articles as they arise.
Fraud & Embezzlement
- Condo manager has licence revoked over cryptocurrency buy (ON) April 24, 2024A property manager who transferred $500,000 in condominium reserve funds to an alleged cryptocurrency investment company known as Pink Piggy (NOTE: This article is behind a subscriber paywall. I will try to find another article ASAP, but here is the original link to the Globe and Mail: Read the article…………………………….)
- Banks fail to get Villas West lawsuit dismissed (AZ) April 23, 2024A U.S. District Court judge says a lawsuit brought by Villas West Condominium Association against two banks following the loss of hundreds of thousands of dollars can move forward despite attempts by the banks to have it dismissed. According to U.S. District Court records, the condo association filed a lawsuit in Pima County Superior Court in July alleging its former general manager, Jesus Daniel Sotelo, stole checks the association made out to vendors on its Washington Federal Bank account, inflated ...
- Santa Monica luxury towers, HOA fees, alleged theft: Where did the millions go? (CA) April 11, 2024Residents didn’t grasp the scale of the alleged problems until last year — when a Los Angeles County grand jury handed down a 119-count indictment accusing both Spahis, now-former Ocean Towers Housing Corp. President Joseph Orlando and his wife, Dorothy, of grand theft, identity theft and money laundering. Read the article…………………………….
- ‘Fraud never pays’: Utah woman sentenced after stealing over $230K from HOA (UT) April 9, 2024A Utah woman was sentenced to home detention and probation on Monday after stealing from the HOA and putting the money in her own pockets. Sharon Lee Ann Gordon, 66, of Hurricane, was sentenced Monday, April 8, to 12 months and one day of home detention, and three years’ probation after pleading guilty to stealing more than $230,000 from an HOA during her time as the HOA Treasurer, Read the article…………………………….
- Legislature Adds Teeth to Florida’s Community Association Fraud Laws April 4, 2024The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent. Read the article…………………………….
- Hudson County Property Manager Admits Role in $470K Condominium Fraud Scheme (NJ) April 3, 2024The scheme was facilitated through the submission of falsified invoices that significantly overcharged the services rendered by Obedos’s company, leading to the condominium complex overpaying by $500,000. Investigations revealed that the complex paid over $1 million for services that were, in reality, worth half that amount. The inflated funds were then distributed as kickbacks, with Bennett receiving $440,000 and Smith receiving $30,000. Read the article…………………………….
- Legislature Adds Teeth to Florida’s Community Association Fraud Laws April 2, 2024The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. . . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent Read the article…………………………….
- Former Homer Glen District 33C Board member charged with stealing money from HOA (IL) April 2, 2024The former treasurer of a Homer Glen homeowners association, also a former Home Glen District 33C Board member, was charged last month for allegedly writing checks to herself, according to court records. Jennifer Rudolph, 43, of the 15400 block of Sharon Drive, was charged March 18 with continuing a financial crime enterprise, two counts of theft between $10,000 and $100,000 and one count of theft between $500 to $10,000, according to the Will County circuit court. Read the article…………………………….
Companion/Service/Emotional Support Animals
- Can Emotional Support Animals Be Prohibited in the Pool Area? (FL) March 30, 2024The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida. What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as emotional support animals, want to have the animal with them everywhere on the property, including the pool deck Read the article…………………………….
- Emotional Support Animals Must Obey a Co-op’s House Rules (NY) March 25, 2024Q: We live in a small, no-pets Westchester County co-op. Our upstairs neighbors were recently allowed to acquire an emotional support dog. The dog runs back and forth for 30 minutes at a time, and it frequently scratches a bedroom rug, waking us up throughout the night. We have shared our concerns with the neighbors, and they seemed receptive, but the problem persists. How can we balance the rights of people to have emotional support animals with our right to ...
- Co-Op and Condo Boards Face Challenges Accommodating Emotional Support Animals (NY) March 22, 2024The demand for emotional support animals (ESAs) can present challenges for co-op and condo boards, particularly in buildings with strict no-pet policies. The key to addressing ESA requests lies in recognizing the distinction between an ESA and a pet. Unlike pets, ESAs serve as therapeutic companions for individuals with disabilities and are protected under the Fair Housing Act and Americans with Disabilities Act. Read the article…………………………….
- National Puppy Day: Exploring Assistance Animal Laws in Community Associations March 22, 2024This Saturday, March 23 is National Puppy Day, where dog owners and lovers come together over their shared appreciation for our four-legged companions. National Puppy Day is meant to raise awareness of the number of dogs that need to be rescued each year and help prospective pet owners consider adoption. Community association residents should know their association’s pet policies before getting a dog, especially those pertaining to assistance animals. Please note, assistance animals are not considered pets subject to restrictions ...
- New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations March 18, 2024On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing more than 30 lbs. The association rejected the request, concluding that the resident did not need accommodation because she could have adopted a dog that ...
- How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals? February 21, 2024A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that the emotional support animal needs its own emotional support animal, in a relatively clear attempt to circumvent community pet restrictions. Read the article…………………………….
Flags
- Navigating Election Year in Your Community April 18, 2024Maintaining harmony within your community can be difficult during the best of times. But when election season rolls around, things can get especially tricky. With emotions running high and a wide variety of opinions among homeowners in your neighborhood, keeping things peaceful can feel like a true challenge. During these times, clear community guidelines can help keep things civil and foster an environment of respect. Here are some things to remember as you strive to help your community navigate this ...
- ‘Sick to my stomach’: Neighbors demand answers from HOA over flag violations (NC) April 9, 2024Nickey Crowley says for the last 20 years, he’s flown a gay pride flag outside his home in Holly Park with no issue. Then in September of last year, he received a violation saying that flag did not comply with the rules set out by the homeowners association. “Why now, is my pride flag an issue?” Crowley asked. Read the article…………………………….
- 765 ILCS 605/18.6 & 765 ILCS 160/1-70: A guide to displaying an American or Military flag in an Illinois Community Association April 3, 2024Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years. In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries. Generally, a community association has broad authority to regulate the exterior appearance of a condominium unit or a home in a common interest community, including the display of ...
- ‘Sick to my stomach’: Neighbors demand answers from HOA over flag violations (NC) March 18, 2024Nickey Crowley says for the last 20 years, he’s flown a gay pride flag outside his home in Holly Park with no issue. Then in September of last year, he received a violation saying that flag did not comply with the rules set out by the homeowners association. “Why now, is my pride flag an issue?” Crowley asked. The violation stipulates that only the American flag can be mounted to homes in the neighborhood, but Crowley says numerous other non-American ...
- Tidewater Landing Veterans Club installs flagpole at clubhouse (DE) November 14, 2023A welcome home can mean a lot of different things to different people, but comfort is one feeling most people seek from their home. Several veterans are residing in Tidewater Landing, a development that recently upgraded the cosmetics and durability of its sign, and felt something else was missing at the entrance to the development: a flag pole with the American flag. Read the article………………………………
- Ohio bill allowing ‘unapproved’ flags in HOA, condo communities called unconstitutional November 14, 2023A dispute over an Israeli flag hanging outside of a New Albany condo is revealing government attempts to block homeowner associations in Ohio from banning certain flags. While legal experts say the First Amendment does not apply to an HOA or COA prohibiting some flags from flying, violations do occur when state lawmakers try to take control. Read the article…………………………………..
Short-term Rentals
- Some want homeowners associations to ban short-term rentals like Airbnb after massive weekend party (NE) April 24, 2024Over the weekend, a party at an Airbnb in Sarpy County near 189th and Briar, with nearly 200 people, lead to a massive law enforcement response. The Sarpy County Sheriff’s Office says they found five guns and marijuana. There was a “help an officer” call and one law enforcement officer had a struggle with one person with a gun, the Sarpy County Sheriff said. Now, concerned about both noise and safety, some living nearby say they want their homeowners’ associations ...
- ‘My serenity is being invaded upon’: Neighbors consider suing over code violations (FL) April 17, 2024In a deed-restricted neighborhood in Hillsborough County, some residents say they’re out of options to get neighbors to follow county code and deed restrictions. In Hillsborough County, short-term rentals are allowed but must be rented out for at least seven days. One neighborhood in the county says it’s easy enough to find rental after rental available for stays shorter than a week. Read the article…………………………….
- Downtown Asheville condo owners file lawsuit after illegal Airbnbs play ‘hide and seek’ (NC) April 8, 2024Downtown homeowners who lived next to nine illegal Airbnbs have filed a lawsuit against the owners of the short-term rental units, alleging the practice violated homeowner association covenants established for the 17 North Market St. building. Read the article…………………………….
- Downtown Asheville condo owners file lawsuit after illegal Airbnbs play ‘hide and seek’ (NC) April 1, 2024Downtown homeowners who lived next to nine illegal Airbnbs have filed a lawsuit against the owners of the short-term rental units, alleging the practice violated homeowner association covenants established for the 17 North Market St. building. The lawsuit, filed March 27 in Buncombe County Superior Court, alleges owners who listed units on the Airbnb website broke covenants that limit the use of units to “single family residential, recreational and related purposes by renting the units as short-term rentals for transient ...
- Some strata hotels, motels to be exempt from B.C.’s short-term legislation March 28, 2024The B.C. government says it will clarify new rules around short-term rentals to exempt certain strata hotels and motels. The Short-Term Rental Accommodations Act aims to address B.C.’s long-term housing shortage by limiting short-term rentals to a homeowner’s principal residence plus one secondary suite or accessory dwelling. Read the article…………………………….
- Galleria condo owners alarmed by short-term rental issues: Drugs, public sex, and gunfire reported (TX) March 19, 2024We first told you about these condos on a street off San Felipe last December. The condo owners asked that we not publish their address. They say for them Spring Break is just another nightmare. Read the article…………………………….
Displays, Signs, Free Speech – 1st Amendment Issues
- Navigating Election Year in Your Community April 18, 2024Maintaining harmony within your community can be difficult during the best of times. But when election season rolls around, things can get especially tricky. With emotions running high and a wide variety of opinions among homeowners in your neighborhood, keeping things peaceful can feel like a true challenge. During these times, clear community guidelines can help keep things civil and foster an environment of respect. Here are some things to remember as you strive to help your community navigate this ...
- Nebraska bill seeks to prohibit homeowners associations from banning political signs March 21, 2024Nebraska homeowners would be allowed to display political signs on their property during election season without restriction from their homeowners association, under a new bill in consideration in the Legislature. Read the article…………………………….
- Evaluate Your Sign Restrictions Now To Avoid Legal Issues In the Future (OH) March 7, 2024As we are approaching the end of winter, it is a perfect time for boards to review their association’s governing documents and understand whether signs may be displayed outside homes in their community. With the warmer months ahead, many owners begin renovating and enter into agreements with contractors that may require them to display advertisements outside their homes. Then, come fall, residents may want to display signs showing their support for political candidates or other important issues. This is why ...
- Condo owner wonders about enforcement regarding flags, posters of support hanging in windows (FL) February 18, 2024Question: I live in a community governed by an HOA, and I have a question regarding flags and posters in windows. As a result of the Hamas attack on Israel on Oct. 7, many of our residents put American and Israeli flags on their homes as a show of support. Many of them also put posters of the hostages held by Hamas in their windows. Read the Q&A………………………………..
- Do Condominium Boards Have the Right to Restrict Signs? (MA) February 12, 2024QUESTION: Our condominium association has a rule barring the display of signs in common areas or in locations visible from common areas. Some board members say we are required to make an exception for political signs. Is that true? Read the Q&A………………………………..
- HOA tells homeowner to remove rainbow flag (NV) December 26, 2023Q: I live in a large homeowners association community in Las Vegas. Recently the HOA pressured a homeowner to remove a rainbow flag. Apparently, a conservative resident was offended by a sign of inclusion and harmony. The reason given was that “statement” flags are prohibited. Read the Q&A…………………………
Energy & Water Conservation
- Residential community will be the first with onsite greywater recycle/reuse system (HI) April 22, 2024After receiving approval from the Hawaii Department of Health and the City and County of Honolulu, Kuilei Place, a new condominium development in Diamond Head, Waikiki and Kaimuki, will be the first of its kind in the state with its own onsite greywater treatment recycle and reuse system. Read the article…………………………….
- House passes bill making it easier for condo owners to install solar (CT) April 19, 2024The bill serves as an expansion of the solar rights of members of common interest communities, which include condominiums, community apartments, planned developments, etc. A provision in the State’s Clean Air Act, passed in 2022, already prohibited common interest communities from adopting or enforcing rules that would prohibit community residents from installing solar panels. That law did not, however, include condominiums or housing cooperatives. Read the article…………………………….
- New nationwide laws limit power of homeowners associations to dictate residents’ yards — here’s why it’s important April 12, 2024Across the U.S., a growing legislative trend is empowering homeowners to cultivate native plants in their yards, even when homeowners associations forbid it. In 2022, 84% of new, single-family homes belonged to an HOA that sets landscaping rules, according to the U.S. Census Bureau. But thanks to new state laws, HOAs in some areas can no longer require pristine grass lawns or prohibit native vegetation. Read the article…………………………….
- Bill advances to give condo owners a new way to buy into rooftop solar (HI) April 10, 2024Condo owners may have a new pathway to access benefits from rooftop solar. The Hawai?i Senate is considering a bill to create a Solar Hui Program, allowing multi-family property owners to pay into a collective investment fund that would go towards energy projects and loans. Read the article…………………………….
- Harnessing Sustainability: HOA Community Composting and Rainwater Harvesting Programs (CA) April 8, 2024In the global pursuit of sustainability, homeowners associations (HOAs) are taking the lead by adopting innovative practices to make their communities greener. Two key initiatives, community composting, and rainwater harvesting programs, are gaining traction worldwide. These eco-friendly practices not only contribute to environmental sustainability but also foster a sense of community and shared responsibility among residents. Let’s explore the global significance of these programs and how they are revolutionizing HOAs. Read the article…………………………….
- City of Chicago Adopts New ‘Cooling Ordinance’: What Do Chicago Community Associations Need to Know? (IL) April 3, 2024On June 22, 2022, the City of Chicago adopted a new ordinance commonly referred to as the “Cooling Ordinance”. The Cooling Ordinance modifies the cooling requirements for certain residential buildings, which does include condominium and community associations as well as residential cooperative high-rises that meet the building criteria discussed below. Read the article…………………………….
Energy & Water Conservation Archives
Nuisance
- Amberlake HOA protests Amazon drones at weekend event (TX) April 23, 2024On Saturday Amazon Prime held a meet and greet for the neighborhood at 1700 Sebesta Road. While the event saw many supporters according to College Station Mayor John Nichols it also saw a protest for the Amberlake HOA over the Amazon drones flying over their neighborhood. Amazon Drones have been controversial in College Station since they arrived late last year. The top complaint has been noise. Read the article…………………………….
- Evicting geese with dogs, umbrellas and laser pointers April 20, 2024Canada geese are big, pretty birds when seen from far away, but when they get close to people they cause big problems. “Well, they poop every step they take,” said Shirely Perry, president of the Windham Lakes Homeowner’s Association. “They make a big mess and they do attack people, especially when they are nesting.” Read the article…………………………….
- Properly Addressing Nuisance Violations in Your Condominium Association (IL) April 9, 2024The Board of Directors is responsible for enforcing the terms outlined in the Association’s community instruments. While some violations are straightforward to identify and address, such as unauthorized improvements or improper parking, others, particularly those concerning nuisance clauses like noise or smoking, pose complexities. Read the article…………………………….
- Nuisance Violations: The Challenge Continues April 4, 2024One of the obligations of the Board of Directors of a condominium or common interest community association is to enforce the terms of the Association’s community instruments. In many cases, it is relatively easy for the Board to verify whether a violation of the community instruments has occurred. That is, by way of example, it is straightforward to document and determine whether an owner installed an improvement without the prior written approval of the Board of Directors or whether a ...
- ‘Repulsive’ golf course pond lands Glendale country club in legal trouble (AZ) March 3, 2024A country club in Glendale finds itself in hot water over a pervasive and repugnant stench coming from one of its golf course ponds that has frustrated nearby residents of the Arrowhead Ranch subdivision. Stephen Kyle Bais, the golf course superintendent for Arrowhead Country Club, is suspected of violating a city code related to odors and is scheduled to be arraigned in Glendale Municipal Court on Monday afternoon, local officials confirmed. Read the article…………………………….
- Steps To Handle HOA Complaints September 11, 2023Q: We have one owner who spends hours every week writing pages of complaints dating back decades. Does a board have an obligation to continue to respond to the same rehashed grievances from a single owner? Read the article………………………..
Electric Vehicles
- The intricacies of EV infrastructure remain at odds with condo legislation (ON) April 24, 2024The electric vehicle landscape is complex, ever-changing and at the cutting edge of technology. For condominium corporations and their owners, this means that there is no one-size-fits-all solution. Unfortunately, the current iteration of the condominium legislation in Ontario, the Condominium Act, 1998, treats the installation of electric vehicle charging stations or electric infrastructure to support such charging stations as binary — i.e. that is to say that there are only two straightforward streams: an installation of infrastructure or communal charging ...
- Charge Up Fairfax Program Open to Communities Looking to Install EV Charging (VA) April 18, 2024Starting May 1, community associations in Fairfax County interested in installing electric vehicle charging stations for their residents will be able to apply for technical assistance and partial reimbursement through the Charge Up Fairfax program. Electric vehicles, or EVs, are better for the environment and less expensive to fuel and maintain than gas-powered vehicles. The convenience of at-home charging makes EV ownership more practical, but that can be a barrier for residents of community associations who may not have access ...
- EV fast-charging comes to condos and apartments April 16, 2024Right now, the electric vehicle ownership experience is optimized for the owner who lives in a single-family home. A level 2 home AC charger costs a few hundred dollars, and with a garage or carport, an EV that gets plugged in each night is an EV that starts each day with a 100 percent charged battery pack. Plenty of Ars readers have told us that a 120 V outlet even works for their needs, although perhaps better for Chevy Bolt-sized ...
- Condo board considers installing EV chargers for unit owners (IL) April 11, 2024Q: I am on the board of directors of a homeowners association (HOA) in Evanston, Illinois. The board is gathering information about installing electrical vehicle (EV) chargers on our HOA property. The board is particularly interested in the concept that was described in your article from last year. You said there is an option for an outside company to install and maintain the EV charger. Then, they share revenue with the HOA. Read the Q&A………………………………..
- HOAs are blocking solar panels and native lawns. Here’s how to fight back. April 2, 2024More Americans than ever are running afoul of their HOAs for updating their homes in ways that benefit the environment, adding solar panels, native lawns, EV chargers, clotheslines or gardens. Once a rarity, 84 percent of newly built, single-family homes sold in 2022 were part of HOAs, according to the U.S. Census Bureau. Read the article…………………………….
Smoking
- Owner furious that condo’s no smoking at home policy ignored. Can neighbor be stopped? (FL) April 21, 2024Question: I live in a 55+ condo association. In 2015, we passed a strict “no smoking” bylaw. Smoking is not allowed on our property, including inside of units. When I was president, I had to get our attorney involved to get one renter who smoked in her rental condo to stop, even though she rented with the no smoking policy. This renter was deeded a unit nearer to my own by her deceased parents. Read the Q&A………………………………..
- Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL) April 19, 2024The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read the article…………………………….
- Proving the Source of Smoke March 18, 2024In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well as the Rules of the condominium corporation. Read the article…………………………….
- B.C. Civil Resolution Tribunal Says Smokers Didn’t Have a Right to Smoke February 10, 2024In the case of The Owners, Strata Plan NES2613 v. Ramsay, the B.C. Civil Resolution Tribunal ordered the residents of one of the units to stop smoking in their unit. The strata corporation had passed a bylaw against smoking. The bylaw said that a resident could not smoke in any interior space, including within the units, or on exterior common property within 3 meters of a door, window, or air intake. Read the article…………………………….
- Dealing with Marijuana Complaints in NYC Co-ops and Condos December 23, 2023The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details. Read the article……………………………..
- B.C. strata ordered to conduct secret probe to catch renegade smoker December 12, 2023Two complainants of second-hand smoke seeping into their unit had claim largely dismissed. However, their strata council has to do more to catch whoever is smoking, causing nuisance, said CRT adjudicator Read the article…………………………
Medical Marijuana/Marijuana
- What HOAs Need to Know: Medical and Recreational Cannabis April 5, 2024As more states across the U.S. decriminalize the growing and use of medical and recreational cannabis, community associations must confront a variety of issues. Twenty states and Washington D.C., have legalized the personal use of cannabis. In addition, 18 more states permit medical use. Each year, the number of states where cannabis use is legal increases. Consequently, cannabis-related issues are becoming more common in community associations. Read the article…………………………….
- Dealing with Marijuana Complaints in NYC Co-ops and Condos December 23, 2023The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details. Read the article……………………………..
- Recreational Marijuana Use in Ohio Community Associations: A Cause for Concern? October 23, 2023On November 7, Ohio voters will decide whether Ohio laws will permit the use of marijuana for recreational adult use. This includes not only the consumption of recreational marijuana, but also the ability to grow a certain number of marijuana plants at one’s home. As the voting date approaches, a number of board members and others in the community association industry have asked how the new law might impact community associations. This article provides a snapshot of the various issues ...
- What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act October 2, 2023As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s). Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a valid basis after June of 2019. Although marijuana is technically still not legal at the federal level and there is a conflict between the two, ...
- Addressing Complaints of Marijuana Smoke In Community Associations Following Legalization Of Recreational Marijuana Use In Delaware and Maryland September 19, 2023As of April 23, 2023, and July 1, 2023, Delaware and Maryland, respectively, have legalized the personal use of marijuana. In light of the recent laws, common interest communities across these two states may soon (if not already), contemplate how to appropriately address an uptick in complaints related to marijuana smoke. Read the article………………………..
- What Can I Do About Marijuana Smoke in a Condo? (IL) September 9, 2023The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Read the article………………………..
Medical Marijuana/Marijuana Archives
Guns
- South Dakota: Protection from HOAs Signed into Law February 6, 2024Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations.Read the article…………………………….
- Ask a real estate pro: Can HOA ban guns, even in people’s homes? (FL) October 5, 2023Q: Our homeowners’ association is considering banning guns everywhere in the community, including in the residents’ homes. Many of the residents are upset about this, while others are in favor of it. Is the association even able to enact this rule? Read the Q&A…………………………………
- Guns in the Clubhouse: What Can a Community Association Do? (FL) June 20, 2023The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon without first obtaining a concealed weapons permit. This raises interesting questions for community associations such as, is the right to carry a concealed weapon absolute? ...
- Can An Association Restrict Firearm Possession? (OH) August 4, 2022Firearm possession and the Second Amendment is perhaps one of the biggest political issues on the minds of Americans today. Recent tragedies in Highland Park, Uvalde, and Buffalo have once again brought firearm possession and the Second Amendment to the political forefront. Read the article………………………..
- EDITORIAL: A POA overstepping into gun use policy? Why? Guns and POAs? (CA) November 20, 2021People pull triggers in their own homes out of ignorance, accident, fear, mental illness and sometimes a taste for violence. People pull triggers on a shooting range for sport, or during deer season for what they consider their love of the great outdoors and the thrill of the hunt. Our little piece of the planet here in these Mountain Communities happens to be in California, and this state is already very explicit about when people can pull triggers inside a ...
- Lowcountry neighborhood considering making community gun-free space (SC) June 4, 2021A Lowcountry neighborhood is considering making their community a gun-free space. The Homeowners Association of Del Webb at Cane Bay Association, Inc is considering a change to its by-laws that would ban weapons from the area of the community owned and operated by the HOA. Read the entire article……………………………….
Violence in Associations
- Residents of Southern California condo complex living in fear of neighbor April 6, 2024After months of scary incidents and vandalism, some residents of a Long Beach condo complex say they’re tired of living in fear of a neighbor. Multiple people who live in the Gladys Avenue condo complex spoke with KTLA 5’s Sara Welch, saying that a man has threatened them and broken several windows of the homes in the building. Neighbors are afraid of what he will do next. Read the article…………………………….
- Prosecutors won’t seek death penalty after woman accused of killing pastor in HOA dispute (NV) March 14, 2024Court documents report the neighbor confronted the pastor and his family in front of his home after he made complaints about her to their homeowner’s association. Though the lawsuit does not name the HOA it says quote: “The homeowner’s association knew or should have known that Defendant would likely perform violent actions against deceased and Plaintiff as a result of on-going association dispute.” Read the article…………………………….
- Miami high-rise resident pulled rifle on man after ‘incident’ with HOA manager, cops say (FL) March 5, 2024A verbal argument that “became physical” escalated when a resident of a downtown Miami high-rise pulled a rifle on another man, police said. According to an arrest report, the whole thing stemmed from an “incident” earlier that day involving the building’s homeowners association manager. Read the article…………………………….
- Ontario condo associations raising concerns over safety of board members (ON) December 21, 2023Ontario’s three largest condo associations are sounding the alarm over safety and privacy concerns in the wake of the one-year anniversary of the Vaughan condo shooting. Melissa Nakhavoly reports. Watch the news report…………………………..
- Staten Island condo feud’s explosive twist — resident accused of threat to blow up building (NY) December 18, 2023A Staten Island penthouse owner who spent six months behind bars for refusing his condo board’s demand to remove an addition from his home is in hot water again — this time for an email threat that he says someone else fabricated to get him in trouble. Read the article……………………………..
- Still haunted on first anniversary of Vaughan condo building mass murder (ON) December 16, 2023John Di Nino still sees the barrel of the gun pointing right at him. His wife Doreen lies crumpled on the vestibule floor of their penthouse condo, their disgruntled neighbour Francesco “Frank” Villi having just fired at her face, the bullet slamming through her jaw and out the back of her neck, knocking her to the floor, her blood slowly staining the new white runners of one of her guests who’d come to visit that Sunday evening of Dec. 18, 2022. ...
Violence in Associations Archives
Security
- Thief arrested after being caught on camera stealing mail from Cobb County neighborhood (GA) April 23, 2024Police say they found 70 pieces of stolen mail in a man’s car. Video from a security camera shows the suspect in action. It’s just before 2 a.m. on Atwater Drive in Smyrna. A security camera was positioned perfectly to catch the man’s every move. He opens a mailbox, pulls out an envelope, places it in his pocket, looks directly into the camera, then walk he walks off. Read the article…………………………….
- Understanding Community Association Security Measures and Liabilities April 18, 2024A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
- Understanding Community Association Security Measures and Liabilities April 16, 2024A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
- Someone stole a master mailbox key in Sacramento. What’s being done to stop break-ins? (CA) April 15, 2024Mail theft has been an ongoing issue in her Arden Arcade condominium community, Woodside Homeowners Association, over the past few years, she said. Braden filed a report with the inspection service to help her recover her stolen credit card in February. “You’ll receive an email response in 1-3 days,” the confirmation said. She never heard from them. Read the article…………………………….
- 2 Wynmoor Village employees arrested for allegedly stealing up to $10,000 worth of items from a resident (FL) April 12, 2024Two men have been arrested following a stunning crime at a South Florida condominium making the 83-year-old victim’s family ask questions. Coconut Police Police said that a building manager and director of security who were employed by a Coconut Creek retirement community were arrested for allegedly stealing from one of its residents. Read the article…………………………….
- ‘I would blow it all up’: Suspect arrested for threats to Palm Beach condo board (FL) April 6, 2024A man was arrested in Palm Beach on Wednesday after he allegedly threatened to blow up a residential building during a condo board meeting. According to the Palm Beach Police Department, Paul Cataldo was arrested shortly after an April 3 condo board meeting during which made statements about blowing up the building. He was booked on a count of threat to throw, project, place or discharge and destructive device. Read the article…………………………….
Infrastructure Problems
- Failure of manway cover determined cause of Highland flood, not pipe burst (UT) April 16, 2024A neighborhood in Highland was flooded by what was initially believed to be a pipe burst, but Provo River Water Users Association said it was actually due to a mechanical failure of a manway cover. The flooding happened Saturday afternoon near the intersection of 6400 West and 10400 North.Tens of thousands of gallons of water were seen rushing out of the Murdock Canal, which is overseen by the association. Read the article…………………………….
- Records: Hanover dam 4 years past inspection when a component of it failed (VA) March 30, 2024Inspection records show that the Mattawan Dam in Hanover County was several years past inspection, and without an operating permit, when a component of it failed earlier this month, leading to the closure of two roads. An official for the regulatory body that oversees all of Virginia’s privately owned dams said it is likely that the problem would have been found before the incident had it been inspected earlier. Now, the neighborhood is on the hook for repairs that could ...
- New Kent board fails to guarantee funding for dam repairs in neighborhood (VA) March 19, 2024A Quinton community’s appeal for funding to repair an aging and at-risk dam that contains Kent Lake has failed to move New Kent County’s Board of Supervisors. Woodhaven Shores residents packed the March 11 Board of Supervisors meeting to appeal for financial help to bolster a bid for grant funding. The community fronts onto Kent Lake, and residents said they have been told by the Virginia Department of Conservation and Recreation that the dam beneath Lakeshore Drive is at risk ...
- Marysville homeowners remain stuck behind washed out road as search for solution continues (WA) March 8, 2024Steve Hall, who heads up the homeowners’ association, met with us Monday. He said seven homes and nearly two dozen people are impacted. At that time, Hall said beaver dams burst and clogged the culvert, causing the road to crumble. He said a fix is complex due to layers of land ownership in the area. The road is private and owned by the residents. Read the article…………………………….
- Tax dispute pauses restoration of four flooded dams in Midland and Gladwin counties (MI) March 5, 2024In a complaint filed in Midland County Circuit Court late last month, lawyers for the Heron Cove Association of property owners said the assessments are “grossly disproportionate” to any expected increase in the properties’ market value and amount to an unconstitutional taking of property without due process or just compensation. Read the article…………………………….
- When has a Condominium Building Reached the End of its Service Life? (CA) February 29, 2024If you read the earlier installments of this series, you know that the service lives of condominium buildings are shortened by inspection, maintenance, and funding failures. Recognizing when a building may begin to reach the end of its service life may be easy or hard, depending on the type of failure. A catastrophic failure by fire, hurricane, or earthquake is instantaneous and needs little to recognize that its life is over. In these instances, we look to insurance, if available, ...
Religion
- Florida HOA leadership targeted Jews, said Nazis ‘should have ended them’: attorneys December 20, 2023A Florida homeowners association campaigned to prevent an Orthodox Jewish family from building a synagogue within the community, with one board member saying that they didn’t want Jews in the area, according to a letter written by the family’s legal representation. Read the article……………………………….
- Homeowners in Berkshire Forest community report religious hate mail being distributed (SC) March 2, 2023On Wednesday, it was reported that hate mail directed towards certain religious groups was circulating around the Berkshire Forest neighborhood. Residents said fliers were placed throughout the neighborhood with food, seemingly dog kibble with it to hold the fliers down. Read the article………………………..
- Know Your Rights: Homeowners Associations and Housing Complexes Cannot Discriminate Based on Religion February 17, 2023For those of you who are (or have ever been) part of a homeowners association (HOA), you have likely dealt with your HOA in some form or another. Whether it was because, according to your HOA, your grass was too long, your vinyl siding needed to be power washed, or worse yet, your garden beds were not properly mulched, receiving such a notice can stir you up in surprising ways. How can an HOA hold so much power? Read the ...
- Jewish homeowner offended after condo corporation asked him to remove religious symbol (AB) February 17, 2023A Calgary condo owner says his Jewish traditions are being unfairly challenged by the corporation in charge of the property. He says the bureaucracy of the rules didn’t take into consideration his faith Read the article………………………..
- Why Board Members Need to Understand The Difference Between Religious and Secular Holiday Displays November 1, 2022If your community association installs a holiday display, is that holiday display considered religious or secular? Are Christmas trees, menorahs, Nativity scenes, or the Kikombe cha Umoja (the Unity Cup used during Kwanzaa celebrations) considered religious or secular? How can you tell the difference? Why is the difference so very important to understand? Read the article………………………..
- Jewish family receives legal notice from condo association to remove sukkah (FL) October 11, 2022A South Florida Jewish family says they received a threatening letter from their condominium association as they mark a traditional holiday. The association says they can’t celebrate outside. Read the article………………………..
Drones
- Tips for Setting A Fair and Safe HOA Drone Policy July 1, 2023Crafting a fair and safe HOA drone policy requires careful consideration of the challenges and opportunities presented by this evolving technology. Balancing the concerns of privacy, noise, and safety while harnessing the potential benefits of drones can be a complex task for HOA boards. Read the article………………………..
- Using Drones for Inspections (CA) August 27, 2022Drones, also known as unmanned aircraft systems, are nearly everywhere. Advances in technology have made drones smaller, cheaper, and easier to use, and therefore more accessible to average users. As drones become more accessible, community associations may wonder whether drones may be used to help conduct inspections of common area components. Read the article………………………..
- Drone Surveillance in Community Associations May 25, 2022Ah, spring. Flowers are blooming, birds are chirping, and the sound of power saws, stone cutters and earth moving equipment fills the air. This country is in the midst of a construction boom, and more homeowners than ever before are undertaking home improvement projects. In community associations, these improvements usually require some type of architectural approval to make certain that, once constructed, the new pool, patio or pergola will be aesthetically pleasing and harmonious with surrounding structures Read the entire ...
- Fire Technology: Champlain Towers South Collapse: Drones’ Value Soars April 18, 2022Charles Werner spoke to numerous people who responded to the condominium collapse to learn that unmanned aerial systems were crucial to the effort in many ways. Read the entire article……………………………….
- Drones in Community Associations: Five Considerations (IL) June 9, 2021With companies such as Amazon, Google and UPS ramping up testing of drone delivery technology, it is certain that community associations will feel the impact of this new technology in the relatively near future. Read the entire article……………………………….
- Drones In Your Community (FL) December 16, 2020The growing use of drones across the United States is leading to the adoption of new rules and restrictions by the federal government, state governments and community associations. Questions regarding safety, property damage and privacy are forcing community associations to establish clear parameters for their use by unit owners. Read the article……………………………….
- Drones and 3D Property Reconstructions for Homeowners Associations (CO) October 24, 2020For HOA’s, it can be very useful to have a tool to document a house or property to view later. Often, this would entail just taking photographs of anything relevant or particularly specific on a property. However, photos can only get you so far. Say perhaps you want to have a measurement on a wall or area but it was not documented on your initial inspection, or maybe you want to look at the roof closer but it was either ...
- Is It Legal To Fly Drones In HOA Communities? June 11, 2020Drones in HOA communities are becoming more and more common, but these unmanned aircraft can pose serious concerns among residents. The first step in managing drones in your HOA is to know what the law says about them. Read the article…………………………….
Hoarding
- Extreme Hoarding Conditions Hinder Firefighters Battling Maryland Blaze April 8, 2024Hoarding conditions made things difficult for fire crews on Sunday afternoon who were called in to battle a blaze that broke out in a Harford County duplex, officials say. Read the article…………………………….
- How to Address Resident Hoarding in Co-Op and Condo Boards: Strategies for Safety (NY) March 28, 2024Hoarding is becoming a major problem in many of our communities. This complex issue spans demographics, affecting both older and younger individuals. For co-op and condo boards, dealing with a resident who is hoarding requires compassionate intervention, prompt action and often strategic collaboration with the courts. The priority is resident safety, making sure the hoarding situation doesn’t present a fire risk or safety hazard. Read the article…………………………….
- Judge orders inspection of hoarder house in Ocean View Hills (CA) March 13, 2024She also blames neighbors for causing issues. At least three neighbors have filed restraining orders against Golden over the years, accusing her of harassment. Also in the courtroom Tuesday, an attorney for the bank that Golden has a mortgage with, as well as an attorney for the homeowner’s association where she lives. Read the article…………………………….
- Hoarding in Condominiums: When Individual Rights Clash with Community Concerns February 26, 2024The recent case of Board of Managers of the 48-54 West 138th Street Condominium v. Flora Burdock highlights the complexities that arise when an individual unit owner’s behavior impacts the health, safety, and well-being of a condominium community. In this case, the condominium board sought legal intervention to address a severe hoarding situation within Ms. Burdock’s apartment. Read the article…………………………….
- Man’s body found under 4 feet of debris in home: ‘I could smell the foul odor’ (TX) December 9, 2023On Friday, there were a series of phone calls to city departments asking for help with the clutter left behind, but nothing came. So, residents had to glove and mask up to put it all back themselves. The homeowners association will likely have to foot the pricey hazmat cleanup bill, board members say. They appreciate the Texas EquuSearch response and wish they could have helped their neighbor sooner. Read the article………………………….
- A Primer for Co-op and Condo Boards on How to Handle Hoarders (NY) August 2, 2023With aging populations, many co-op and condo boards are struggling with residents whose abilities to care for themselves are greatly diminished. In some cases, an elderly shareholder or unit-owner may only need greater attention from her neighbors and building staff. Read the article………………………..
- Brookfield cat hoarding, 73 need new homes (WI) October 11, 2022Hoskins said they first started getting calls about the property about a year ago. Neighbors were complaining about the smell from the condo next door. The Elmbrook Humane Society finally got permission to go inside the home on Aug. 31. The owner surrendered all 57 cats found in the 1,200-square-foot condo. Ammonia levels were so high inside that humane officers had to frequently leave the home while trying to capture the cats due to burning in their eyes and lungs. ...
- Hoarding nightmare plagues Val Vista Lakes (AZ) September 18, 2022Val Vista Lakes resident Jeff Sloan says the junk slowly crept in over the years at his neighbor’s house across the street until it began to resemble a “landfill.” Floor lamps, chandeliers, plastic buckets and other knick-knacks on the front porch, soon spread to piles of odds and ends and discarded furniture in the front yard and driveway. The backyard was already packed. Read the article………………………..