It wasn’t too long ago that a California Court ordered a man to pay $70,000 for violating a homeowner association (HOA) rule limiting the number of rose bushes he could have to 14. The HOA levied fines against the man and he ultimately lost his home. Whether you love them or despise them, HOAs are […]
How to Handle Every Stage of a Snowstorm
While residents of warmer clients experienced some early Spring weather, some regions have experienced extreme winter weather patterns this season and for a few of us that meant record breaking snow levels. Even right now, in some parts of the country snow is still falling, and as some may be inspired to dust off their […]
Obscure Regulation Halts Reverse Mortgages, FHA Lending in Some Towns
Thanks to the abrupt enforcement of a decades-old regulation that the Federal Housing Administration had seemingly ignored, consumers looking to buy homes or take out reverse mortgages in some 55+ communities have had their FHA loan applications rejected at the last minute in recent months. Starting this past fall, applicants in the Sun City and […]
Why Your HOA Needs a Written Collections Policy (AZ)
Some Homeowners Associations are lucky enough to have minimal collections concerns. However some, are constantly dealing the delinquency of homeowners falling behind on dues. No matter where your HOA sits on this spectrum, it is vital for your community to have a written collection policy documented for the HOA, and a managing partner to handle […]
The Board Member’s Toolbox for Building Community
As a Board member, it can sometimes be easy to focus on the operational functions of managing an Association rather than the larger picture: creating a Community that Homeowners and residents love to live in. Vendors of all sorts must be hired and paid in a timely manner, mailings have to be prepared and sent, […]
How Homeowners Associations Are Referred to Around the World
Common-interest communities are becoming a popular way of living. They are housing developments made up of individually owned units and share facilities or common areas (such as roads, clubhouse, pool, etc.). “Community association” is a generic term that encompasses many names used around the world to describe common-interest housing. A few examples include: Read […]
All About Executive Sessions for HOA Boards
Unlike traditional board meetings, executive sessions are held by the HOA board to discuss privileged or confidential material generally tied to disciplinary action or personnel matters. Having a good understanding of when and how to conduct executive sessions can save your HOA considerable time and work in the long run. If you’re not sure what […]
Choosing the Right HOA Management Company
Recently, a board member from a California condo contacted me, asking how to go about selecting an HOA Management company. Their management company had recently been acquired, and the new company was not living up to expectations. Despite combing through reviews, and interviewing perspective HOA management companies, she wasn’t satisfied with her options. Read […]
How To Write Emails That Get The Job Done
How many times have you ask yourself “Why doesn’t she get back to me?” I mean, seriously, how long does it take for someone to reply to an email. It only takes a few minutes but why does it take so long. Getting someone to do something is hard, it’s even harder when you’re asking […]
Autonomous Vehicles: Coming to a Condominium or HOA near you!
An autonomous vehicle, also known as a driverless car, self-driving car, or robotic car is a vehicle that senses its environment and operates without human input. On December 9, 2016, Governor Rick Snyder signed 2016 PA 332 into law and amended the Michigan Motor Vehicle Code to make Michigan the first state that allows for […]
When Does the Americans With Disabilities Act Apply to Community Associations?
Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking those federal laws can have costly consequences. One such area of federal law that might […]
When Boards Have to Fight for What’s Right (NY)
Sometimes, co-op and condo boards have to be willing to fight for what’s right. That was certainly the case for Larry Kelter, who got hit with a one-two punch after becoming board president at the Hamlet at Windwatch, a 228-unit homeowners’ association (HOA) in Hauppauge, Long Island. Just months after becoming president, the 62-year-old novelist […]
Selective Enforcement: Common Sense Prevails
As often happens when a community association enforces its covenants and rules and regulations against an owner, the owner responds to the association saying, “The house down the street is in violation with the rules and regulations, too! Why aren’t you sending them a demand letter?” When this happens, the owner is invoking the defense […]
How to Handle Conflict: Check Dispute Resolution Requirements
Unfortunately, being a friendly neighbor will not always result in a resolution. Let us assume at this point that you have tried to be positive and work with your neighbor to solve issues which are concerning you. Notwithstanding your best efforts, your neighbor has blown you off and shows no interest in addressing your concerns. […]
Fiduciary Duty and Community Association Board Members
We frequently talk about the fact that homeowner association board members have a “fiduciary duty” to the members. What exactly is it? Is it spelled out in the law? What sort of actions would violate that duty? A fiduciary duty arises out of a relationship in which one person or entity is entrusted to make […]
Making Special Assessments Work: Fixed Incomes, Low Incomes, & Hard Times
For residents on fixed incomes, or those who are already struggling to make ends meet because of a job loss, illness or divorce, any hit to their already-stretched-to-the-max budget can be devastating. So when a board levels an assessment on the residents of a co-op, condo, or HOA because of an emergency repair, an unforeseen […]
No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations
The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free.” For its part, the North Carolina legislature passed an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]
HOA Housekeeping 101: Proper Waste Removal and Outdoor Neatness
The word “housekeeping” may call up images of shower scrubbing, dusting and vacuuming; but the kind of housekeeping we’re talking about has to do with maintaining proper waste removal and outdoor neatness in your community. When sidewalks are swept, poop is scooped, and loose garbage is picked up, your community will shine with pride of […]
Tips to Stay Safe When Lightning Strikes Your Homeowners Association
Winter and Spring weather usually means staying in and snuggling by the fire, but it can also bring severe weather. Threatening thunderstorms often loom large in Northern California so it’s important to be prepared for downpours and accompanying lightning, which can strike at any time. Consider the following suggestions when planning get-together’s in your homeowners […]
Fire Safety Education for Your Neighborhood
When it comes to having a safe and peaceful community, it is the responsibility of everyone in the community to do their part to keep themselves and others safe. That is why education is so important in a close environment. In the area of fire safety, every little bit helps. Here are some tips for […]
The End of the Age of “Mad Men”
The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free”. For its part, the North Carolina legislature passed an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]
Creating the right culture for your HOA
Power over our own destinies is inherently circumscribed by the matryoshka dolls of governance that preside over our existence. From the complexities of international diplomacy to our national sociopolitical boondoggle to the more specific doctrines emanating from state houses and county buildings, we are subject to enormous levels of outside influence. Here in our fair […]
How Should Boards Handle the Reporting of a Crime?
A burglar slipped into a Hudson Heights co-op as a shareholder was leaving the building, then proceeded to steal a laundry cart and some packages. The theft was reported to police, but it took the co-op board almost two weeks to notify shareholders, and the notice downplayed the event and failed to give a full […]
Smart condo conundrum: Talk to appliances, or text them?
In today’s so-called smart home, you can dim the lights, order more toothpaste or tell the kids to go to bed simply by talking to a small Wifi-connected speaker, such as Amazon’s (AMZN.O) Echo or Google’s (GOOGL.O) Home. This voice-first market – combining voice with artificial intelligence (AI) – barely existed in 2014. This year, […]
Can Your HOA Prohibit You From Flying Your Favorite Flag?
Flags are common yard decorations; drive around any community and you’ll see everything from holiday flags to sports team banners. If you live in a planned development, however, hanging your favorite flag might result in a demand from your homeowners’ association (HOA) to take it down. Can your HOA really ban you from flying a […]
HOA Model Remodeling
Owning your own home is an American dream. In urban settings, homeowner associations have become a dominant form of new construction, often representing over two thirds of new homes. While HOA homeowners have many rights and privileges, they often concede certain freedoms usually enjoyed in more traditional home ownership. One particular area of concession involves […]
How to Handle Conflict: Try to be Neighborly
Notwithstanding your best efforts and those of other members within the community, conflict is bound to happen. The key to resolving this conflict without the need for expensive attorneys or hateful battles is in how the conflict is addressed. While trying to be neighborly within your community makes common sense, it is something that appears […]
Follow the Money: Explaining to Residents How Their Funds Are Spent
One of the most common questions homeowners ask board members and community managers alike is, “What are you doing with our money?” Understanding how to answer that question is important for all board members. Read the article……………
Understanding Your HOA Documents
Understanding your governing documents is essential to every association – without governing documents, an HOA would not exist! These documents serve a specific purpose in the community and allow the association to function. An association board or individual board member may be held legally liable for failure to follow local, state, and federal laws, or […]
HOA Homefront: Exclusive use common areas – what you might not know
Many condominium buyers do not understand what they bought until long after becoming an owner. Condominiums consist of two elements: A separate interest, called the unit, and an undivided equal share in everything else, called common area. However, there are usually also hybrid areas, called “exclusive use common areas,” devoted to the exclusive use or […]
Association documents can provide answers on condo projects
When it comes to major construction projects at condominiums, what can the board of a community association do on its own and when does it need the advice and consent of the membership? For instance, can a condo board opt, for security reasons, to build a wall around the premises without the members’ approval? […]
Serve on the Board – or Pay Up
Here’s a novel way to fill those unfillable vacancies on a co-op board. Many co-ops struggle mightily to find people willing to take on the thankless job of board service. That’s not surprising. The job comes with some to-die-for perks, including long hours, endless meetings, heavy fiduciary responsibilities, late-night phone calls from angry neighbors and, […]
What NOT to Do When Collecting HOA Fees
If just a few homeowners aren’t paying their HOA fees it can be felt very quickly in an association’s budget. It can also cause a ripple effect. If too many homeowners fail to pay their HOA fees, lenders might start to be unwilling to finance mortgages in the association. This could lead to a decrease […]
Keep Track of the Money: Finance and Condos Part 2
This blog is part 2 of “Keep track of the money: Finance and Condos.” Financial policies are the topic of this post. Part 1 covers reviewing financial statements and condo fees, and Part 2 provides insights into the art of overseeing expenditures. Directors make lots of decisions that involve money. Having policies in place for […]
Many condo insurance claims arise from liability
Condominium corporations present claims against their insurance policies for a wide range of reasons. Although, it is important to note that current trends in claims are not necessarily unique to condominiums. That said, multi-unit residential dwellings and communities continue to present some unique claims challenges for insurers across the country. Experience as an insurance broker […]
What Happens When Condominium Documents Conflict?
When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the […]
One Board President’s On-the-Job Training
John F. Kennedy said, famously, that there’s no school for presidents. The only way to learn the job is by doing it. The same goes for presidents of co-op and condo boards. Just ask Darren Arithoppah. Like many of the residents at the 157-unit condominium at 140 East 56th Street in New York City’s upscale […]
Your Community’s Formal Collection Policy Actually Benefits Residents. Here’s How.
While many associations are lucky enough to experience very few delinquent accounts, others are not so fortunate. Whether your community is at one end of the past-due spectrum or the other, it is still important for your community to have a formal, written, collection policy in place. Read the article………….
Increase Participation at Annual HOA Meetings
While members of the association should understand that it is in their own best interest to attend the annual meeting of the members, many do not realize how important these meetings are. Failure to attend annual meetings results in failure to meet quorum, which in turn results in frustration and disappointment for board members – […]
How to Avoid Becoming a Money Laundry
Boards have tools to keep unsavory buyers out of their buildings. In response to an influx of Limited Liability Companies – also known as LLC’s, or shell companies – paying cash for pricey apartments in New York City, the U.S. Treasury Department passed a regulation requiring title companies to divulge the names of individuals who […]
Taxes and Your HOA Community – To File or Not
If you live in a planned community, there is a good chance questions have come up about taxes and if your community needs to file them. We’ve heard many people admit that they didn’t realize their community needed to file tax returns. Even though it isn’t an uncommon problem for self-managed associations, depending on how […]
What the HOA Board Should Know About Making Association Rules
When thinking of rules within a California Homeowners Association, what comes to mind are the few but chronic rule breakers that somehow find their way into some associations, and how nice it might be to have a spell to bring about compliance in the HOA community. Read the article…………..
HOA Managers: A Rare Breed
Homeowner association management is one of the most challenging forms of property management there is. In residential, commercial and industrial rental management, there is a revocable agreement that allows the property owner a fair amount of control over the tenant. If the tenant doesn’t live up to the agreement, the owner can terminate the agreement […]
Five proven steps to landing your first HOA client (Landscapers)
I was 14 years old working in my father’s landscape business over the summer when I saw them. I was impressed by the fully uniformed staff with the logoed trucks all working together. This company did everything in the fancy community. They had a truck that did just irrigation. Another that did just trimming and […]
Building Bridges Through Better Communication
HOA communication is one of the biggest challenges of any community association. If you ask 20 HOA professionals where the biggest gap in communication exists, 19 of them will tell you that it’s between the Board of Directors and the residents of the community. How can that be, you might ask, these are neighbors who […]
5 marketing practices most landscaping contractors get wrong
In a hyper-competitive industry like landscaping, marketing your business is critical. Even if you think you have enough customers now, people move all the time — more than 35 million people move every year, according to the U.S. Census Bureau — and they take their business with them. To keep a steady flow of new […]
5 Ways To Deal With Board Members That Micro-Manage
It’s no secret that board members that micro-manage make life tough for property managers. The need for the board to control even the smallest aspect of a property manager’s job is not only considered a nuisance—it’s stressful. What if I told you there’s a way to satisfy a board’s thirst for control AND keep your […]
Spring is Coming…Is Your Property Ready?
Winter, even the mild one we are experiencing, can wreak havoc on your property! Between the snow, ice, wind and cold, lots of repairs are made in the winter that need to be readdressed in the spring. Why are we talking about spring already? Well, spring will be here before you know it and your […]