When pulling into your driveway, do you often think “this house needs a fresh coat of paint” or “I’d like a front lawn?” If you live in a homeowners association community, there are steps and considerations you need to take before picking up the paintbrush or laying sod. Read the Q&A……………………………
Mitigating Risk: How Lawsuits Affect an HOA
Accompanying the duties of board membership, liability proves a slippery slope that could appear complicated and overwhelming if you find yourself facing a potential lawsuit. Liability often lingers in the guise of fine print. However, equipping yourself and your board with the right tools can help prepare for unprecedented situations. Read the article………………………..
What are the Responsibilities of the ACC Committee?
An association’s CC&Rs typically require association approval before a person makes any physical changes to the outside of his or her property or the common area. The committee responsible for overseeing modifications, additions, or alterations to lots is most commonly referred to as the Architectural Control Committee (ACC) or Architectural Review Committee (ARC), though there […]
No one wants to be on the HOA Architectural Review Committee (NV)
Q: I enjoy reading your informative weekly column and have three questions regarding architectural review committees. Our community’s covenants, conditions and restrictions require that any external modifications to an owner’s property be approved “by the board, or by an Architectural Committee composed of three members appointed by the board.” Read the Q&A…………………………………
New Appellate Case: Is Your Architectural Process Fair and Reasonable? (NC)
In a decision issued today (December 17, 2019), the North Carolina Court of Appeals examined the authority of an association to review and deny submitted architectural plans. This is the second architectural committee decision from the Court of Appeals this year. Read the article………………………….
Appellate Court Rules on Ambiguous Architectural Restrictions (CA)
The California Court of Appeal recently ruled on the case of Eisen v. Tavangarian (2019) 36 Cal.App.5th 626, which involved a view protection dispute between neighbors. The Plaintiff Homeowners sued the Defendant Homeowners and alleged that Defendants’ remodeling violated several provisions of the HOA’s CC&Rs. Read the article…………………….
Adding on: Homeowners building more accessory dwelling units
Twenty percent of homeowners who undertook remodeling projects in the past year did so to convert an existing space in their house into an accessory dwelling unit (ADU), while about 18% created an ADU by building an addition, the National Association of Home Builders (NAHB) finds in its first-quarter 2019 Remodeling Market Index survey. Read […]
Alterations to Common Elements: When do you Need a Membership Vote?
Updating and altering common areas of the building is often necessary to keep your property or neighborhood up-to-date. Old paint schemes need to be refreshed, furniture needs to be replaced, and landscaping needs to be redone. Read the article………………………
Richardson v. Huntington Pacific Beach House Condominium Assoc. (CA)
This case arises out of a dispute between the homeowners association of a beachfront condominium complex and three owners of six units in that complex. Condominium owners Dan Richardson, Andrea Richardson, and Judith Carter (collectively Respondents) sought injunctive relief in the form of an order directing the Board of Directors of the Huntington Pacific Beach […]
Just. Follow. The. Rules.
We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court of Appeals. Instead of taking the easy path of making a few changes to the front door as required by […]
A lawyer discusses co-op and condo renovations: Where to start in the planning process? (NY)
If you have just had the closing on a new co-op apartment and are planning to renovate, there are many things you will need to take care of before any actual work begins. A lot of this depends on the extent to which you are planning to renovate. It can vary from renovating just the […]
After 20 years, HOA may have waived right to enforce architectural controls (FL)
My board president had a violation letter sent to me as retaliation for a question I asked at a board meeting. The violation letter is ordering me to remove my “recently planted landscaping” because I did not get ACC approval for it. The “landscaping” was planted nearly 20 years ago! I asked the Board president […]
What is HOA Involvement on Encroachment?
Encroachment is a word you may hear pop up during board discussions, but what is it exactly? Essentially, encroachment means going onto someone else’s property without their permission. This is most often seen in HOA communities in the form of a person’s garden, fence, patio, or other additions crossing their property line, no matter how […]
Villages neighbors unhappy with ARC position on homeowners’ paint job (FL)
Residents of a villa community in The Villages are unhappy with the position of the Architectural Review Committee on a homeowners’ paint job. Stephen Stone, president of the homeowners association in Villa De Laguna West, spoke Friday morning before the Community Development District 1 Board of Supervisors. He said the ARC went against the wishes […]
Homeowners, HOA clash over backyard gazebo (NV)
There’s a battle brewing between two Las Vegas homeowners and their HOA. The issue centers around a gazebo housed in their backyard. Read the article……………………….
Need for Collaboration: Architectural/Design Review Committee
The establishment, composition, function and scope of authority of the architectural or design review committee is typically set forth in the association’s CC&Rs. It is important for each member of the committee to be familiar with the relevant architectural/design provisions in the CC&Rs, along with any properly adopted architectural/design rules, so that the committee can […]
What ‘material alterations’ require vote from homeowners associations? (FL)
Q: My condominium association wants to re-plant the island area around the entry guardhouse. This would involve removing the existing, aging shrubs and one overgrown tree, which I don’t believe should have been planted there in the first place. Someone complained this would be a material change to a common element and would require membership […]
East Bay Woman Wins Blue Light Fight for Autism Awareness (CA)
An East Bay woman is claiming victory Tuesday on behalf of her autistic son and autism awareness in general after she was given the “okay” to leave blue lights outside of her home for Autism Awareness Month. For the past 10 years, every month of April, Lisa McBride turns her outdoor lights blue in honor […]
Architectural Variances Binding Future Owners (CA)
Asked – We are thinking about granting a variance to the Covenants of our Homeowner’s Association. The question is: would the Variance, if granted, apply to the next landowner (i.e., does the grant of a variance run with the land)? Read the Q&A…………………..
Don’t Screw Up Your Architectural Committee and Approval Process (NC)
In a decision issued today (March 19, 2019), the North Carolina Court of Appeals examined the issue of proper architectural committees and their decisions. Makar vs. Mimosa Bay Homeowners Association is an “unpublished” opinion from the NC Court of Appeals. That means that the decision is not controlling legal authority and should not be cited […]
Architectural Review Within Your Community Association (NC)
Want to give the exterior of your home a fresh new look… in your favorite shade of pink? If you live in a community association, chances are you can’t break out the paint cans just yet. Homeowners and property owners associations (POAs) in neighborhoods and condo communities typically include in their covenants a set of […]
Material Alterations
We receive numerous questions from our condominium association clients regarding proposed “material alterations” to the common elements. In general, the board is empowered with authority to maintain the common elements. Read the article………………………
What is Design Review, and Why Do I Need It?
Have you ever been walking through a neighborhood, looked at a house, and said to yourself, “Boy, am I glad that is not my neighbor!”? The likelihood is all of us have done this at some point…maybe the paint scheme was a tad “out there,” the yard was not quite maintained, or maybe it just […]
Are Your Architectural Request Forms Ready for the Spring Rush? (CO)
As we move through the winter months, many owners are already anticipating the exterior home improvements they want to make in the spring. For most covenant controlled communities, exterior modifications require prior association approval upon submittal of an architectural request form. But do your forms contain all the necessary provisions to adequately protect the association […]
Pro-Active or Reactive Architectural Review
Question: I recently heard the terms “pro-active” and “reactive” as it applies to Architectural Review. Apparently, pro-active is when the community announces walk-throughs to look for problems, and reactive is when the community relies on reports by neighbors who see alleged violations. What are your views on “pro-active” enforcement? Read the article………………..
Part VI: Community Rules Development & Enforcement – Architectural Guidelines
In this weeks edition of our Rule Development and Enforcement for Communication Associations series, we delve into the topic of Architectural Guidelines. These guidelines can be a real time-saver while offering your homeowners a more convenient and efficient avenue towards architectural alterations. Read the article………………..
Part IV: Community Rule Development & Enforcement – Architectural Guidelines
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the development of Architectural Guidelines. Next time we will go into greater detail about Board Resolutions, so stay tuned! Read the article………………
Widow at odds with Katy neighborhood HOA over bright blue door (TX)
Recently, Janice decided to make a change to the home that had so many memories. “I don’t like walking into a recessed entry that’s dark. I painted the front of the door blue. It’s light and bright and airy and happy,” said Lawson. The colorful door makes Lawson smile, but at first, the door was […]
5 Ways to Cope With Changes in Homeowners Association Requirements
HOAs vary, of course, but in many cases they exert a large amount of control over what kind of changes can be made to an individual home in the community. As a result, homeowners may find themselves required to make certain changes to the exterior or even interior of their homes. Unfortunately, many of those […]
Architectural Control Committees Serve a Need
Q. We live in a homeowner association and I have just been appointed to the architectural control committee. Some of the homeowners do not want such a committee, and many owners just ignore the process when they make exterior changes. Our declaration of covenants requires advance approval before any such changes or additions can be […]
Old Code vs. New Code: Miami Beach condo president forced to change railing (FL)
Times change, in many things for the better, but when it comes to codes, it can be painful and expensive. It’s why owners of historic condos on Miami Beach are saying, “Wait, we need help,” and so they called Help Me Howard with Patrick Fraser. The older parts of South Florida can be picturesque. Especially […]
Can Your HOA Regulate Your Holiday Decor?
Fall and winter holidays are perfect for creating an elaborate outdoor scene — whether you’re planning to recreate “Frankenstein” in your front yard, light up the walkways for Diwali or feature Santa Claus and his reindeer on your roof. Regardless of which holiday you prefer to go all out for, the potential to spread extra […]
Here a New One: a Monthly Fee During Renovation Work (NY)
Without consulting shareholders, an Upper West Side co-op board has quietly implemented a $1,000 fee – to be charged once a month for the duration of every apartment renovation project. The board instituted the fee two years ago and mentioned it, in passing, at this year’s annual meeting with shareholders. When questioned about the board’s […]
Court: Association Declaration’s Reference to Alterations Encompasses Material Alterations (FL)
The approval of board-proposed alterations to a condominium association’s common elements sometimes requires adherence to the general process prescribed by Florida law, which calls for an affirmative vote from at least 75 percent of the total voting interests in the association. Read the article………………
What Happens When Members Don’t Follow the Architectural Guidelines? (CA)
You’re a board member of a lovely homeowner’s association. On most days as you drive through your community you wave at fellow neighbors, share a friendly smile with passersby, and enjoy the neat landscapes and well-kempt houses. This particular day seems to be no different. The sun is shining. The birds are singing. You appreciate […]
Tips, Traps and Trends: Your guide to a successful common area hallway remodel
Hallways. The area most likely thought about the least. Why would you? They’re often just closed-off walkways with no windows, no place to sit and no reason to linger – merely a passageway to wander from room to room. But what you may not realize is that your hallways have the ability to make an […]
HOA Fencing Guidelines
Whether you’re building a new fence or updating an existing structure, there are several points of fencing guidelines that you should keep in mind before, during, and after the process. Fencing significantly impacts the look of more than just your property – it can affect the appearance of neighboring properties and even change the look […]
Handling ACC Variances
Probably one of the most dreaded tasks of any HOA board member in Dallas or surrounding areas is having to notify a resident when their architectural change requests are rejected. No matter how flexible your board may be, there will be times when a resident requests approval for changes that fall outside covenant restrictions and […]
The ARC and The Covenants
As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build […]
How the Art Deco Hallways Were Redone (NY)
With our six member design committee in place – and with Fina Design Group signed up – we wasted no time establishing a set of objectives for the hallway makeover in our Art Deco co-op on Riverside Drive: • Elevate our hallways to a sophisticated design honoring our Art Deco heritage (constructed 1936) and notable […]
The Making of a Dedicated Design Committee (NY)
The hallways of our elegant Art Deco building at 5 Riverside Drive in Manhattan were last decorated in 1985 – and they’d been on life support for the past several years. But other priorities kept getting in the way of an upgrade. We had just finished two years of scaffolding and jackhammering to comply with […]
Alteration Agreements Must Have These Three Elements (NY)
It was maddening. Shareholders in a 780-unit Queens co-op kept complaining to the board about banging noises in the middle of the night coming from a particular apartment. When the board asked to inspect the apartment, the shareholder who lived there refused. Finally, building staff got inside – and discovered that the shareholder who lived […]
How to protect the look of your neighborhood (FL)
So one of your neighbors from Indiana likes John Cougar Mellencamp’s song “little pink houses” and the next thing you know they painted their house pink. Another neighbor puts on a new asphalt roof after the hurricane when all the other roofs in the neighborhood are barrel tile to save a few thousand dollars. Can […]
The Power of the ARC
As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or “ARCs” for short). In CB Investments v. Murphy and Weber v. Board of Directors of Laurel Oaks Association, the Wisconsin Court of Appeals and the Pennsylvania Commonwealth Court, […]
Delay Causes Loss for HOA in Lawsuit Over House Color (FL)
The approval of the colors which homeowners may use to paint the exterior of their homes is one of the most common architectural review stipulations that homeowners’ associations use to maintain aesthetic standards for their communities. Many HOAs require the prior review and approval of proposed house colors by architectural review committees, which are typically […]
HOA Architectural Review: Can an HOA Reject Your Request?
The short answer is: Yes, an HOA can reject your request for modifications that fall outside of the covenant restrictions. The longer answer is more complicated. Your HOA architectural review committee may reject your request for a number of reasons, but the core tends to be that they feel your modifications negatively affect the look […]
HOA Restriction Enforcement and Architectural Control for Boards
Your HOA has several restrictions set in place for the benefit of all of the residents within the neighborhood. This can include everything from the colors that houses in the community association can be painted to the types of structures that can be added to each property. While you want to be reasonable in your […]
Board Changes Its Mind – and Winds Up in Court (NY)
What happens when a co-op board approves an alteration project and then changes its mind? What usually happens is a lawsuit. Consider the case of Salvatore Moltisanti. In 2012, Moltisanti purchased an apartment in the four-building 1,672-unit Co-op Village on Manhattan’s Lower East Side. Many of the apartments had enclosed balconies, and Moltisanti wanted one […]
How to handle unauthorized co-owner modifications to the common elements (MI)
Michigan condominium associations are often forced to deal with co-owners that are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]