We receive many calls from board members of homeowner association clients inquiring about complaints made by unhappy members of their communities and threats of lawsuits against the directors. The complaints run the full gamut from failure to enforce the governing documents, to unfair enforcement of the governing documents, to failure to abide by the governing […]
Secrets of Successful Managers: Communication, Accommodation, Cooperation
As jugglers of multiple and oftentimes complex tasks, property managers must be adept at mediating between board members and unit owners, as well as resolving all manner of maintenance and legal issues. To this end, property managers don’t have ‘typical’ days, but rather varied and challenging ones that are often complicated, and require a particular […]
Changing Managers or Firms? Don’t Overlook the Details!
Whether change is good or bad often depends on who you talk to; even a welcome change produces a certain level of stress and adjustment. Personal changes are challenging enough, but for co-op and condo residents, a board decision to change property managers or firms will quite literally hit home. Read more………
Managing Amenities: Who’s in Charge of What?
Whether a building is a luxury high rise with an in-house movie theater, rooftop pool, and climate-controlled wine cellar or a much more modest low-rise or townhome community with a simple community room or gazebo, managing common amenities is just another function of condo/HOA administration. Read more……..
Knowing When to Call Your Manager
In another life, Olivia Pope would be a terrific property manager—the best property manager who ever existed. After all, if she can rig presidential elections, she can handle complaints about noise and leaky pipes. But Olivia Pope is fictional in more ways than one. No one answers the phone every time it rings. Read […]
Navigating Insurance as a Condo Owner
Many people opt to purchase condos instead of a traditional home with a yard. In some crowded cities, the lower cost of a condo is a primary motivating factor, but for many condo-dwellers, the reduction in responsibilities is the real driving force behind condo living. However, even without lawns to mow, pools to clean or […]
Avoiding winter slip-and-fall negligence claims (Canada)
Given the weather in Calgary lately, with warm and cool days interspersed with an exceptionally large amount of snow, Calgarians – and probably individuals all across much of Canada – should be aware of the current status of the law in regard to liability for slip-and-falls on real property. Read more…….
Committed to Success: Turning Bad Documents into Good Ones
A community association’s governing documents – its Articles of Incorporation, Bylaws, and Declaration or covenants – typically fall within three categories: the good, the bad, and the ugly. Take this quick self-test to determine where your documents fall: Read more………
Water Conservation – Save the Planet, Save Money
Many states, including our home state of California, are experiencing record low rainfall this season – an event that is sure to trigger tighter water restrictions for your Homeowners Association. Read more…….
Who Picks Up the Tab for Delinquent Condo Owner Assessments?
While we are all starting to enjoy what is looking like a resurgence in condominium development and sales in South Florida, the courts are just getting to addressing issues that arose during the heart of the burst bubble, when unit owners were upside down, not paying their condominium associations’ assessments and not paying their mortgages. […]
HOA Tenant Tenets
One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its homeowners. This disconnect creates some practical problems for the board or Manager in communicating with tenants since there is […]
Community-Wide Smoking Bans Are Sparking Up Debate at Condo Associations and HOAs
The Miami Herald and the South Florida Sun Sentinel featured articles in recent weeks about communities that are implementing community-wide smoking bans, including inside of the private dwellings of the residents. The Florida Clean Indoor Air Act already prohibits smoking inside of public buildings, which is interpreted to include the indoor common areas of condominium […]
Associations — There is a Better Way!
It’s no secret I have been an advocate for homeowners embroiled in disputes with their associations. I originally went to law school to practice employment law. I changed directions when I bought my home in a HOA and my welcome to the neighborhood consisted of a volley of “f-bombs” from someone claiming to be the […]
“Shame List” of Delinquent Owners – To Publish or Not to Publish?
Board members often ask if they can expose these delinquent owners by publishing their names in a newsletter or by adding such information to the minutes of a board meeting. Although such “shame lists” can sometimes motivate owners to bring their accounts current, the risks far outweigh the rewards. Read more…….
Fallen trees – Don’t be a sap
The massive ice storm that recently devastated the Toronto area felled whole trees and large branches. This damage to the urban canopy knocked out electrical service to hundreds of thousands of people and caused untold property damage. With the post-storm clean-up now underway and expected to last several weeks, condominium managers may need guidance dealing […]
New Board Member Handbook Checklist
Many community associations are now welcoming and orienting their new board members. The more information board members receive, the more effectively they can carry out their responsibilities. When given the right information in an easy-to-use format, most board members are happy to educate themselves about their new role, and come to their first board meeting […]
“Aging In Place” – How can community associations address aging communities?
When we think of the challenges of overseeing homeowners associations, we might think of overgrown lawns, late assessment payments, and aggressive pets. But another challenge has been waiting in the wings: the aging of America’s “baby boomer” generation, many of whom are choosing to live out their golden years in their homes. This rising trend […]
Accuracy Essential – Caution Advisable – for Condominium Boards Delivering Sexual Predator Warnings
What’s in a name? When it comes to warning condominium owners about sexual predators living in their community, the answer is: The potential for huge liability and immense damage awards if the individual identified as a predator turns out not to be one. Read more……..
New Jersey and New York Condominium Associations Should Allow Mezuzahs
There have been numerous reports of condominiums making people take mezuzahs off their front door frames. These very small items are important for Jewish people and it is simply outrageous that an association would demand that this kind of object be removed. Or any similar religious ornament. Read more……..
Broken Water Pipes in a Condominium/ Homeowners Association
Its been very cold recently here in New Jersey and this has caused a lot of condominium and home owner association problems. Broken water pipes have been a big problem. Who must pay the repair bill? Is the unit owner responsible? the Association? Does it depend where the break is located? The answer to all […]
How Effective HOAs Make New Year’s Resolutions
Well, it’s that time of the year again – time to reflect on 2013 and resolve to make improvements for 2014. But, just as you’ve set personal goals for the new year, now is the time to look ahead as a HOA (homeowners association) to form New Year’s resolutions that will set your community up […]
How to Avoid Getting Sued as a Board Member
Defending your association in a lawsuit can be costly, time-consuming, and may hinder your board’s ability to function effectively. Your association’s board of directors is required to respond and defend the association in all lawsuits filed against them, regardless of the merits of the claims. Simply responding to a lawsuit and getting the court to […]
Embezzlement
A Homeowners Association’s (HOA) board of directors acts like a mini-government. Like a government, it has the power to collect taxes, through assessments, and spend those funds, which it does through a wide variety of vendors, including property managers, contractors and attorneys. Like a government, this authority sometimes leads to corruption. Although it is impossible […]
Rule Making
One of the powers granted to Board of Directors in Associations is rule making. There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to pass any rule. The authority to pass any rule must come from the documents. I […]
State of Surveillance: Being Safe in Your Own Condo
There are many different factors that prospective condominium owners contemplate when looking to buy a unit. Aesthetics, price, and location are important, for sure. But perhaps the most critical factors of all are the safety of the building and the neighborhood it’s in. Read more…….
Window Safety and Repairs: Protecting Against Stormy Weather
A lot of people don’t think twice about their homes’ windows—as long as you can see through them and get some air and natural light, what’s left to think about? But windows are structural openings after all, and without proper installation and maintenance, they can be a silent enemy of household comfort. No matter how […]
Hidden Dangers: What You Need to Know About Lead Paint & Other Hazards
In New Jersey, buying a co-op or a condo goes something like this: Your realtor takes you to see your dream home. You put in an offer—along with a bunch of other people. After a ferocious bidding war, your offer is finally accepted. You submit a bunch of very personal documents (in the case of […]
Mandatory versus Voluntary – Are You Ruled by a HOA?
Many times I receive questions from people asking if they have a mandatory homeowners association. What makes an association mandatory? There are several factors to consider and a complete review of the governing documents of the association are required to provide a definitive answer. There is no one size fits all answer to this question. […]
HABITAT Holiday Special: Christmas Carols for Co-op / Condo Board Members
Few things signal the holidays so much as Christmas carols and other songs of the season. As Christmas Eve falls upon us and we prepare to spend time at home and hearth with friends, family and maybe a wee dram of eggnog with a little something in it to ward off the chill, let us […]
Who Removes Dead Ash Trees from the Common Elements?
We have been asked if a Board can pass a rule requiring the owner closest to a dead Ash tree on the common property to remove the tree at the owner’s expense. If this is a condominium, usually the Declaration will require the Board of a condominium association to maintain and repair the common elements, […]
HOA: Mother Lode Commitees
Committees are an untapped gold mine available to a homeowner association board. Besides benefitting the board by spreading the work around, committees are an excellent training ground for future board members. Members that are reluctant to step up to a board position often feel right at home on a committee with limited or focused responsibilities. […]
Timeshares: Are Owner Complaints about Maintenance Fees Valid?
Sometimes it’s difficult for even the most seasoned timeshare owners to figure out where their maintenance fees are going. Maintenance fees are a necessary part of owning a timeshare. The fee cost is determined by the HOA or the developer, depending on who owns the resort. Part of the fee is the owner’s share of […]
Enforcement of Parking Restrictions
In this day and age, owning a vehicle is a necessity and it seems that every family owns a minimum of two vehicles. Due to this trend and the limited number of parking spaces available in many communities, many associations have adopted parking rules and restrictions. Despite the existence of such restrictions, it is not […]
Homeowner Alterations
Some individuals argue that maintaining the uniform appearance of the homes or units in many condominium or homeowner associations is a valuable aspect of owning a home governed by community associations. However, often times, the owners of homes or units governed by community associations seek to deviate from such uniformity and endeavor to implement alterations […]
Boards – Take Notice – 3 big reasons properly funded reserves are essential
Only a few years ago the Virginia General Assembly recognized that many association boards just would not face up to the need for reserves in an effort to keep “dues” at a lower and more competitive level. Many are paying a price for those decisions now. It became such a problem that several years ago […]
Live Long and Prosper – Life Spans of Building Systems
Nothing lasts forever, and though you can’t predict the moment a piece of building equipment will break down, you can prepare for it. Even the toughest boiler, HVAC unit, or elevator will eventually tucker out and need major repairs, or just give up the ghost and have to be replaced. And with New England’s penchant […]
Now is The Time – Check Today’s Financing Options for Projects
If you’re on a board in a New England condo or HOA, now is the time that you should be talking about making any of the major improvements that you’ve discussed or considered over the past few years. Even if you have a plan in place to do a roofing project or paving job in […]
Do It Yourself: Can You Save Money with In-House Labor – And Is It Worth It?
A small-scale project is pending, and the management company is considering proposals or bids from several local contractors. The job could be as basic as trimming shrubs, staining decks or wiring some new lighting, so it’s no wonder that the perennial question from board members or trustees arises: “Why can’t our guy [the on-site management […]
SuperMen & SuperWomen! – Importance of Superintendents and Chief Engineers
The life of a super is different every day, but it usually goes something like this: arrive at work each morning; check in with security for any possible situations that have come up during the night; review any outstanding work orders and walks the property, making sure that all of the building mechanicals—such as the […]
Deck the Halls — Or Not: Setting Rules for Holiday Decorating Can Be a Challenge
In an episode of the television classic, “Seinfeld,” George Costanza’s father (played by Jerry Stiller) invents “Festivus—for the rest of us” to mold all the holidays into one event. Attorney Frank Lombardi of the law firm of Goodman, Shapiro & Lombardi, LLC in Lincoln, Rhode Island, jokes that Costanza’s concept might diminish conflicts within communities. […]
A Minute on Meeting Minutes
Adopted meeting minutes are the official record of actions taken at a meeting. As a result, well-written minutes can be invaluable. In the event of a dispute, minutes are the best proof of whether a proposal was adopted or the exact wording of a motion. Read more……
Should Annual Meetings Approve Minutes?
Like board meetings, an annual meeting of a nonprofit, condominium association, or homeowner association should keep accurate minutes. After all, adopted minutes are the official record of actions taken at a meeting. Well-written minutes may be the best proof of whether a proposal was adopted or the exact wording of a motion, possibly even years […]
5 tips for an effective HOA
A well rounded and effective Homeowners Association (HOA) is imperative to your community’s pocket book and piece of mind. At Barrera & Company we’ve seen the good, the bad and the ugly. In today’s post we’ll go over a few tips for cultivating and managing an effective HOA. Read more…….
Do It Yourself…Or Not? When To Call a Pro!
This country was founded with a heavy dose of independence and a strong “Do-It-Yourself” attitude. The DIY mindset, with roots in Europe and European culture, crossed the Atlantic Ocean with the earliest immigrants and became part of the American tradition of personal and community responsibility. Read more…….
A Breath of Fresh Air: Maintaining Vents, Ducts & Garbage Chutes
In a multifamily building with scores, possibly hundreds of people living under one roof, cooking, cleaning, dusting and breathing, it’s no surprise that the airways, chutes and garbage rooms of these buildings can get clogged and dirty over time. Waste material, debris, and allergens can build up in a building’s airways and passages, causing everything […]
Live Long and Prosper: Life Spans of Building Systems
Nothing lasts forever, and though you can’t predict the moment a piece of building equipment will break down, you can prepare for it. Even the toughest boiler, HVAC unit, or elevator will eventually tucker out and need major repairs, or just give up the ghost and have to be replaced. Read more…….
Where’s the Money? Alternative Funding for Capital Improvements
As readers of this publication surely know, well-run condo buildings and HOAs need to have adequate amounts of money in both their operating funds and their reserve funds. Read more…….
New Year’s Resolutions for HOA Board Members
As we approach the new year, allow me to propose the following five New Year’s Resolutions for the Board of Directors of all Homeowners and Property Owners Associations. Read more…….
Perspectives from a property manager regarding developer turnover
As a property manager one of the biggest challenges in maintaining a community after developer turnover is identifying sources for materials and supplies provided, such as mailboxes, light fixtures, decorative tiles and other architectural features on or in a commercial building, home or condominium, or common area. Read more…..