- Southampton man convicted of fraud, money laundering (NY) May 18, 2024
Officials said that Slothower devised a scheme to misappropriate more than $1 million from clients and prospects. While operating Battery Private, Slothower solicited business from a couple from California whose money he had managed at another financial services firm where he was previously employed. Slothower promised the victims he could beat any rate of return they were receiving, without market risk. In 2017, he offered to invest Victim-1’s money into what Slothower described as bonds backed by homeowner’s association fees, ...
- Government Issues Scam Alert for Corporate Transparency Act May 14, 2024
The U.S. Department of Treasury’s Financial Crimes Enforcement Network, also known as FinCEN, recently issued an alert warning individuals and businesses that scammers are using the Corporate Transparency Act to fraudulently solicit information from individuals and businesses who may be subject to reporting requirements under the Corporate Transparency Act. Read the article…………………………….
- Sarasota business owner sent to prison for real estate fraud (FL) May 14, 2024
Even with his federal trial being over in Virginia, charges remain pending against Santiago at home in Sarasota. In 2022, Santiago was president of the Beneva Ridge Condominiums homeowners association when its new treasurer — Esther Quiles, wife of Sarasota County Commissioner Mark Smith — became “wary that HOA funds are being misappropriated by the HOA president,” according to an affidavit from the Sarasota County Sheriff’s Office. (scroll down to “HOA Scheme”) Read the article…………………………….
- Former Colorado real estate agent must repay more than $1 million stolen from investors May 13, 2024
A Berthoud man was sentenced last month in Weld County after taking more than a million dollars in investors’ money meant for a new condominium complex and spending it on his own overseas vacation and sporting events. Bret Lamperes, 54, was ordered by a Weld County judge to repay $1,062,500 he transferred to his own accounts, Read the article…………………………….
- Italy: Former Condominium Manager’s Assets Seized for Embezzlement May 10, 2024
Assets worth about 300,000 euros have been seized by the Financial Police of Naples from a former condominium administrator who, according to investigations by the North Naples Prosecutor’s Office, from 2014 to 2023 repeatedly appropriated sums of money by withdrawing them from the bank account of a condominium complex in Casoria. The condominium residents noticed something was wrong: the former administrator, in fact, never presented accounts, leading the homeowners to report alleged irregularities to the judicial authorities. Read the article…………………………….
- Berks woman admits to $375,000 theft from Montgomery County condo association (PA) May 2, 2024
A Berks County woman admitted that she embezzled more than $375,000 while working as the bookkeeper for the Gwynedd Office Condominium Association in Upper Gwynedd Township. Judith E. Butt, 74, of the 700 block of Hopewell Street, Union Township, pleaded guilty in Montgomery County Court to felony charges of dealing in proceeds of unlawful activity and theft by failure to make required disposition of funds received in connection with thefts that occurred between January 2016 and March 2023. Read the ...
- Guarding your Association’s Finances: Best Practices to Combat Payment Fraud April 30, 2024
Community Association Management companies are under siege from high-tech conmen determined to rip them off. From check fraud and Business Email Compromise (BEC) attacks to account takeovers and vendor impersonation, fraudsters have become more brazen and more sophisticated. Mailbox keys purchased on the Dark Web or stolen from postal carriers have made it easy for bad actors to steal checks sent through the mail. Artificial intelligence (AI) and social engineering enable fraudsters to create convincing bank account change requests. And ...
- Condo manager has licence revoked over cryptocurrency buy (ON) April 24, 2024
A 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…………………………….)
- Service Animals vs. Emotional Support Animals: An Overview May 15, 2024
Community associations have been scratching their heads as to the difference between service animals and emotional support animals. Federal law provides for the definition of service animals, but there is very little guidance when it comes to emotional support animals. This can be problematic for associations who may unknowingly be implementing discriminatory practices. Read the article…………………………….
- Can Emotional Support Animals Be Prohibited in the Pool Area? (FL) March 30, 2024
The 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, 2024
Q: 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, 2024
The 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, 2024
This 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, 2024
On 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 ...
- Peace flag defender sparks online debate: The Ridge at Eagle Crest bans all flag displays but the Stars and Stripes (OR) May 7, 2024
The Eagle Crest area west of Redmond is home to seven neighborhoods’ homeowners associations, one of which recently sparked debate by moving to ban the display outside homes of all flags except the US flag. Read the article…………………………….
- Navigating Election Year in Your Community April 18, 2024
Maintaining 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, 2024
Nickey 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, 2024
Can 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, 2024
Nickey 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, 2023
A 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………………………………
- B.C. condo owner ordered to stop listing unit on Airbnb, fined $2K May 15, 2024
A condo owner in B.C. has been ordered to stop using her unit as a short-term rental and will have to pay $2,000 in fines for renting it out on Airbnb and Craigslist in the past. The Civil Resolution Tribunal’s decision was published Tuesday(opens in a new tab), representing a partial victory for the strata in the long-running dispute. Read the article…………………………….
- Miami turns into Airbnb’s playground! Over 50% of luxury new condos are being built specifically for short-term party rentals (FL) May 13, 2024
Over half of all new condos being built in Miami are specifically for short-term rentals as residents struggle to find affordable long-term housing, a new report found. As droves of new residents arrive in the Sunshine State, many are struggling to find affordable housing as the state’s condo market is in the doldrums. Real-estate firm ISG World reported that 31 pre-construction condo buildings in the Miami region are primed to be turned into Airbnbs, Read the article…………………………….
- New Hawai‘i law aimed at tackling illegal short-term rentals, provides counties with home rule authority May 5, 2024
Gov. Josh Green touts it as a pivotal tool to tackle Hawai‘i’s housing crisis. Opponents say it doesn’t even address the real causes of the housing shortage. No matter which side you’re on, it’s significant for the state’s short-term rental industry. Green on Friday signed Senate Bill 2919 into law. The bill is aimed at ensuring the state’s four counties can guide their future development according to their long-term general plans while addressing the issue of illegal short-term rentals. Read ...
- Spain: Community president in Marbella bans Airbnbs’ without any warning or permission May 2, 2024
Property firm Homewatch claims the Vicario Tercera Fase Homeowners Association, in Ojen, unilaterally outlawed Airbnb-style lets without any warning at a General Meeting on December 15 last year. The estate agency has now taken the matter to the courts and is demanding the ban be declared null and void, given it was allegedly made by the president of the community unilaterally. Read the article…………………………….
- Sicamous condo looking to zone out short-term rentals (BC) April 27, 2024
To rent, or not to rent, that is the question and with the strata of the Legacy on Mara Lake in a rift over the issue, they’ve asked that Sicamous council rezone the property. At a Committee of the Whole meeting on April 24, staff reported on the application to change it from MUR-2 seasonal accommodation which allows short-term rentals (STRs), to MUR-1, which doesn’t. This request comes a year and a half after council originally approved the opposite rezoning, ...
- Some want homeowners associations to ban short-term rentals like Airbnb after massive weekend party (NE) April 24, 2024
Over 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 ...
- Homeowner Associations Restrictions on Signage May 9, 2024
In election years, political debates are not just limited to the candidates. Debates often arise within homeowner associations over restrictions on signage that may limit an owner’s ability to place signs within the community. An HOA can prohibit signs of any kind, including political signs, in the common area. Read the article…………………………….
- No peace symbol! Eagle Crest HOA cracks down on unauthorized flags (OR) May 5, 2024
No peace symbols. That’s the message one man in Eagle Crest got from his homeowner’s association in what he calls a newly enforced ban on most flags. Ken Bauman was notified this week his tie-dyed peace symbol flag did not meet the requirements, in a letter sent from The Ridge at Eagle Crest Owners Association. He said the rules permanently prohibit all flags throughout the neighborhood with the exception of the U.S. flag. Read the article…………………………….
- Q&A: Signs, Signs, Everywhere a Sign (MA) May 1, 2024
Q. As election season approaches, I am anticipating—in light of the current divisive nature of our society—that we’re going to see some political battles arising in our condominium community. Over the past year or so, we’ve seen some residents posting flags or signage in their windows related to support for Ukraine, and more recently, Israeli or American flags as a response to the Hamas hostage situation. Read the Q&A………………………………..
- Aesthetic Rules Balancing Community Value with Individual Rights May 1, 2024
In the world of single-family homes, property owners can do pretty much whatever they want when it comes to the look of their place. They can paint their house bright purple, for instance. Or display Christmas or Halloween decorations that are so bright or scary they may keep the neighbors up at night. Clearly, the community nature of co-op and condo living—particularly in urban multifamily buildings—puts some limits to these forms of self-expression in the name of visual continuity, taste, ...
- East Vancouver couple prevail over homeowners association on when political signs can go up before election (WA) April 27, 2024
Homeowners associations can no longer dictate when residents put up political yard signs thanks to a Vancouver couple’s lawsuit. Under Washington state law, homeowners associations cannot ban people from displaying political yard signs before an election. But the law doesn’t specify how long before. That spurred an argument between Janet and Phil Landesberg and the Fairway Village Homeowners Association that made its way to the Washington Court of Appeals, which ruled in favor of the couple April 9. Read the ...
- Navigating Election Year in Your Community April 18, 2024
Maintaining 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 ...
- Shining a Light on Rooftop Solar for Massachusetts Condo Owners May 18, 2024
After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the Master Deed and the Declaration of Trust “which restricts the installation of objects in common areas without the Trustees’ approval constitutes such a ban or unreasonable restriction on solar energy and must therefore be void as applied to the installation of solar energy systems.” ...
- Shining a Light on Rooftop Solar for Massachusetts Condo Owners May 17, 2024
After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the Master Deed and the Declaration of Trust “which restricts the installation of objects in common areas without the Trustees’ approval constitutes such a ban or unreasonable restriction on solar energy and must therefore be void as applied to the installation of solar energy systems.” ...
- Brazil: Remote self-consumption: savings on electricity bills in residential condominiums May 13, 2024
The advantages offered by solar energy systems, in the midst of a scenario in which the value of the electricity bill continues to rise in Brazil, have called attention of several residential building managers. The option of offering condominium owners the chance to subscribe to an economical and renewable 100% source is becoming increasingly common, to the point where condos be if interesting more in solar energy than in the installation of remote entrances and improvements to site security. Read the ...
- Ukraine: In Odesa region, a condominium association received 40% savings due to thermal modernization of a building May 1, 2024
“We started the energy modernization of the house back in 19. At that time, we had the highest tariff in the city. We searched for a long time for ways to save money and came across the wonderful “Energodim” program. Then there was a lot of preparatory work, because at that time there were no changes to the Program were adopted, which greatly simplified the participation of all condominiums of Ukraine” Read the article…………………………….
- The low-maintenance, eco-friendly lawn that will still impress your neighbors April 29, 2024
This year, a Tasmanian yard that hadn’t been watered in 10 years and featured a dead brushtail possum won the title of ugliest lawn in the world. The contest, organized by the island of Gotland in Sweden, rewards those who turn over their yards to nature to save water and change the world’s perception of the ideal lawn. It also raises an important question: Who wants an ugly lawn, really? An admirable, dedicated contingent embracing ugly lawns’ ecological bona fides ...
- What Can Be Done About Solar Panels? (FL) April 29, 2024
If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit — or have the effect of prohibiting — solar collectors (or clotheslines or any other energy devices based on renewable resources), from being installed on buildings or lots within the Association. Read the ...
- Amberlake HOA protests Amazon drones at weekend event (TX) April 23, 2024
On 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, 2024
Canada 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, 2024
The 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, 2024
One 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, 2024
A 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, 2023
Q: 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………………………..
- Plugging into Progress: What HB 5109 means for Electric Vehicle Charging Stations in Michigan Condominiums May 13, 2024
HB 5109 was introduced by the Michigan Legislature in 2023 to provide more flexibility for Michigan condominium associations when considering requests for co-owners to install electric vehicle charging stations. Specifically, as will be discussed below, HB 5109 would amend MCL 559.147, of the Michigan Condominium Act, to address co-owner modification requests for electric vehicle charging stations. Read the article…………………………….
- Electric Vehicles – Still an Unsolved Issue May 7, 2024
In 2011 I wrote an article for Common Ground, the national magazine for the Community Associations Institute (CAI). In looking at it, not much ground has been covered since then. I am afraid the issue will be dealt with by state legislatures, who will probably screw it up royally. Here’s the article (PDF): https://communityassociations.net/wp-content/uploads/2024/05/Common-ground-pgs-39-43-2017_10_23-20_24_34-UTC.pdf
- E-Bikes and Batteries (FL) May 2, 2024
Florida has not escaped the growing epidemic of fires started by lithium-ion batteries, like those used in e-bikes and other battery-operated personal transportation devices. A recent Miami bike shop caught fire after the shop owner left an e-bike battery charging and closed the store for the day. Surveillance cameras caught the moment the battery exploded, starting the devastating fire. Read the article…………………………….
- The intricacies of EV infrastructure remain at odds with condo legislation (ON) April 24, 2024
The 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, 2024
Starting 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 ...
- Owner furious that condo’s no smoking at home policy ignored. Can neighbor be stopped? (FL) April 21, 2024
Question: 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, 2024
The 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, 2024
In 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, 2024
In 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, 2023
The 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, 2023
Two 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…………………………
- What HOAs Need to Know: Medical and Recreational Cannabis April 5, 2024
As 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, 2023
The 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, 2023
On 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, 2023
As 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, 2023
As 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, 2023
The 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………………………..
- South Dakota: Protection from HOAs Signed into Law February 6, 2024
Today, 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, 2023
Q: 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, 2023
The 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, 2022
Firearm 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, 2021
People 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, 2021
A 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……………………………….
- Family of Ralph Yarl files civil suit against Andrew Lester, homeowners association (MO) April 29, 2024
The family of Ralph Yarl filed a civil lawsuit early Monday against Andrew Lester and the homeowner’s association in connection to the shooting in April 2023 that left Yarl severely injured. In addition to criminal charges filed last year against Lester, Monday’s lawsuit states the 80-year-old and the Highland Acres Homes Association were careless and negligent in their actions leading to the April 13 shooting. Read the article…………………………….
- Residents of Southern California condo complex living in fear of neighbor April 6, 2024
After 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, 2024
Court 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, 2024
A 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, 2023
Ontario’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, 2023
A 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……………………………..
- SE Houston neighbors say mailboxes have been busted up for 3 months (TX) May 7, 2024
A resident told KHOU 11 News the cluster box units in the Bay Knoll subdivision of Clear Lake were broken into three months ago and still haven’t been fixed. Read the article…………………………….
- Neighbors watching neighbors? HOA vehicle surveillance irks some in NC neighborhood May 2, 2024
By all accounts, the controversy over surveillance at Princeton Manor began at a pool party last summer. “Personally frustrated” by a string of car break-ins and a recent burglary in the Knightdale subdivision, a member of the homeowners association board struck up a conversation with a Knightdale police officer at the event, asking what else the neighborhood could do to fight crime. Read the article…………………………….
- Thief arrested after being caught on camera stealing mail from Cobb County neighborhood (GA) April 23, 2024
Police 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, 2024
A 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, 2024
A 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, 2024
Mail 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…………………………….
- Not Crazy: Insurance Premiums May 11, 2024
Before we look at the data, I can speak about my local experience in Southwest Florida. Specifically, my Homeowners Association is required to carry insurance on the external part of the townhomes. When I joined the board in 2021, our annual premium was $15k. By the end of the year, the carrier went into receivership. In 2022 our premium was $30k. And in 2023 it was closer to $60k. We won’t know until this summer, but we budgeted for the ...
- Failure of manway cover determined cause of Highland flood, not pipe burst (UT) April 16, 2024
A 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, 2024
Inspection 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, 2024
A 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, 2024
Steve 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, 2024
In 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…………………………….
- Florida HOA leadership targeted Jews, said Nazis ‘should have ended them’: attorneys December 20, 2023
A 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, 2023
On 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, 2023
For 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, 2023
A 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, 2022
If 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, 2022
A 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………………………..
- Tips for Setting A Fair and Safe HOA Drone Policy July 1, 2023
Crafting 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, 2022
Drones, 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, 2022
Ah, 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, 2022
Charles 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, 2021
With 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, 2020
The 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, 2020
For 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, 2020
Drones 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…………………………….
- Fire Doused at North Pointe Hollow Condominium Complex (NJ) May 15, 2024
Multiple fire companies worked for around two hours to contain the blaze within the unit, overcoming challenges posed by hoarding/storage conditions. Toms River Bureau of Fire Prevention officers Carlin and Herbst are investigating the fire’s cause, with initial reports pointing to an accidental origin involving a small electronic device charging in the bathroom. Read the article…………………………….
- Extreme Hoarding Conditions Hinder Firefighters Battling Maryland Blaze April 8, 2024
Hoarding 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, 2024
Hoarding 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, 2024
She 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, 2024
The 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, 2023
On 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, 2023
With 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, 2022
Hoskins 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. ...