What does it take to get a dog into a no-pet building? The question is becoming a hot topic in New York City. Because depending on whom you ask, the answer is A) a legitimate disability or B) a dubious note from a doctor or therapist. Read more……
How To Get Involved With Your Community Association
The biggest way to have an impact on your community association is to obtain a seat on the board of directors (the “Board”). However, if your association is still under developer control (and the developer appoints the directors) this might not be possible. In addition, a position on the Board is a serious commitment and creates […]
Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment […]
HOA: Revitalizing Rules
It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain members play fast and loose with the rules, these boards turn a blind eye or […]
Should Co-op / Condo Boards Create a Five-Year Capital-Improvement Plan?
If you prepare for the worst, you’re better off in the long run. Except when you’re not. A few years ago, the American Institute of Certified Public Accountants (AICPA) suggested that every co-op and condo’s financial statement contain information about the remaining useful life of — and the replacement cost for — all the building’s […]
Is ADR Right for You? A Primer
Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution mechanism in the right situation. […]
Old Man Winter’s Coming: Now is the Time to Prepare for Winter’s Arrival!
A cold, wet spring turned quickly into a hot, humid summer rife with thunderstorms and localized flooding throughout the northeast. As autumn starts to paint the region’s foliage, community association boards and managers are looking at long-range forecasts and, in their annual ritual, wondering what winter will hold this year. Read more……
More Board Member Traits
Do you have what it takes to be a good board member? Chances are you do. If you have a mix of some of the following traits and skills, consider running for a seat on your community’s board of directors. Read more……
Southern California Management Company Owner and Employee Arrested — Embezzlement and Community Associations: Do Not Let It Happen To Your Association
Unfortunately, there is fraud and embezzlement being committed at community associations throughout California as well as across the country every day. We have written about this issue in the past; follow this link to an article we wrote that describes how SwedelsonGottlieb recovered $500,000 for one association after it was discovered that the former manager […]
Manicured ponds not always the best for environment
A familiar scenario plays out like clockwork in Brevard County ponds. Just as mama and baby ducks, wading birds and tiny fish start to frequent the sprouting native plants, out comes the herbicide. Read more….
Annual HOA Meeting Celebrations
The annual homeowner association meeting is required. But rather than approach it in the “Do I have to?” mode, make it a celebration of accomplishments: Bills got paid, volunteers served and survived and projects were completed. There are always things to celebrate. So, while the business meeting may be mundane, dress it up for a […]
“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. Read more….
Tips to Keep Assessments from Increasing in the Homeowners Association
Keeping assessments from increasing in a homeowners association is one of the most important things an HOA board and its members can strive to do. The Association must balance keeping up with all its financial obligations and making sure fees stay as low as possible. Generally, these two feel like they work against each other. […]
Flying through a Fowl Situation
Birds are beautiful, graceful and melodic. They give a sense of being close to nature and add to the feel of our community. But too much of any one thing is never good. Whether it’s a trail of droppings, territorial aggression or destructive nesting and feeding patterns, birds can make life more expensive and a […]
Insuring Honesty and Integrity: Two Must-Have Insurance Policies for Boards
When you decide to run for a board, you’re usually thinking about all the great changes you’re going to make to your building community, along with all the time and effort that you’re prepared to sacrifice for the good of your home. Read more…….
Contractor Coverage & Liability
All professional contractors and service providers are required by law to carry insurance to cover their activities. Any condo building should also carry its own insurance to cover accidents or other incidents on the property—this could include anything from slip-and-falls to staff injuries to damage from doing electrical work. Read more…..
Understanding Your Insurance Policy’s Fine-Print
Surprise. Surprise. The major storm events we’ve experienced in New England may give condo owners and trustees a very good reason to look at the insurance coverage for all of their association properties. Read more….
The HOA Board of Directors: How to Make a Positive Difference
Even though HOA boards of directors and property managers are responsible for property, the issues that arise most often are likely to be related to people rather than real estate. That makes the job more difficult, and board members have to navigate with a little finesse to succeed. Follow some basic rules and your board […]
Constructively Managing Conflict in HOAs: Tip #2
For those of you who follow our Colorado HOA law blog, you know that last week I started a series of blog entries aimed at providing tips on how to constructively manage conflict in HOAs. I’m convinced that if homeowners, board members and managers keep these tips in mind, it will give everyone involved a […]
Chalk Another One Up to Bad Communication
I recently read an article about a homeowner in Texas who received a violation notice from her homeowners association as a result of chalk drawings left on her driveway by her son – something the owner and neighbors do not feel the Association’s governing rules specifically address. The article goes on to state that the […]
Insecurity Cameras
Homeowner associations have security issues from time to time like car break-ins. And there is an occasional issue with a violent resident. Particularly after a security “event”, discussions ensue about the need for the HOA to beef up security with things like better gates, better fences and security cameras. Read more…..
Reasons Why an HOA Board Might Call an Executive Session
As a member of an HOA board you have many responsibilities in your position. One of the most important and least understood by many Board members is the Executive Session. A good understanding of this matter may save headaches in the long run and keep the Board out of thorny situations. Read more…..
10 Things to Know About Condominiums (Insurance)
To adequately insure one’s condo apartment, it is important to review the condo association’s bylaws and proprietary lease to find out which structural parts of the condo units are covered by the association and which are not, the Insurance Information Institute advises. Read more…..
$12 Million Reasons Your Associations Need Liability Insurance
On January 16, 2011, Andrew Curtis, a nine-year-old boy, and his father were riding their bicycles on U.S. Highway 1 in the town of Jupiter, Florida. Andrew was following his father as the two approached the driveway of the Villas on the Green Condominiums. While Andrew’s father passed the driveway without incident, as Andrew began […]
A Property Manager’s Guide to ReConstruction Projects
Every manager of multifamily projects will encounter a large re-construction project several times in his or her career. These may be planned projects or the result of an emergency. Planned projects include those that are routinely projected by building inspectors, architects, and other building professionals—re-painting; new roof coverings; re-paving of parking lots and streets. Emergencies […]
How an HOA Board Should Use the Reserve Fund vs. Operating Fund
Funding community operations by an HOA Board is one of the most important, if not the most important, functions of the group. Properly overseeing day-to-day actions and long-term projects insures the neighborhood will have a continuous supply of funds to keep the community running effectively. Read more….
Options for Dealing With Older Condo Residents Who are Unable to Care for Themselves
You may not have noticed this, but it is a fact that the United States has a large and growing population of senior citizens. Between 2000 and 2050, The number of older people is projected to increase by 135%. And the population of people 85 and over is projected to increase by 350%. In fact, […]
Running your association like a successful business
Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association – it is a business and needs to be run like one. Read more…..
Tips for Handling Uncooperative Tenants in a Homeowners Association
As a Board member of a homeowners association you have many duties. Sometimes you might feel like you’re in a tug-of-war when dealing with uncooperative tenants who refuse to adhere to the rules. The Board must act in these situations though and the group needs to stand firm in all matters. Read more….
A list of Do’s and Dont’s for HOA Management:
Customer service. Answer your calls and emails within 24 hours of receipt. Even if you don’t have an answer, let your client/homeowner know that you are working on it. Read more…..
Dealing with Difficult People
Being elected to the Board might have seemed like the hard part, but now that you are behind the wheel expect a lot of ungrateful backseat drivers. Congratulations on your election or appointment to the Board of Directors. Now that you are in charge, everyone will see the wisdom of your policy suggestions, pay their […]
Staying Close to Nature, and to Neighbors
There’s an unexpected bonus tucked within the Pinewood Lake community, just a few blocks from bustling Route 1 north of Fort Belvoir. Read More……
Boards can take the surprise out of special assessments
Suppose the decks at your community association are badly deteriorating. The board hires an engineer, who advises total replacement within a couple of years. Not all the owners have decks, but those who do will be assessed about $4,000 each. The board wonders: When should it tell the deck owners a special assessment is coming? […]
Coping With Arrears: When Residents Fall Behind
The foundation of any properly run condo association or co-op building rests on residents paying their monthly maintenance fees on time and in full, with no delays or delinquencies. However, in the wake of the recession, with many shareholders and owners still on shaky financial ground, some co-ops and condos are feeling the pinch of […]
The Importance of Hiring Licensed Contractors for Your Homeowners Association
One of the stated goals of a homeowners association is to oversee the upkeep of common areas in the community, such as clubhouses, pools, fitness rooms, and parks. When choosing contractors to maintain and repair community property it is imperative to choose a licensed contractor to perform the work. Unlicensed contractors put the homeowners association […]
Follow These Basic Steps When Writing a Strategic Plan for Their Community
Plan development is the first component of strategic planning. During this stage, the following steps should be completed. Read more…
Condominium Dispute Resolution Model for Ontario
In early 2012, the Joint Government Relations Committee of the Association of Condominium Managers of Ontario (ACMO) and the Toronto & Area Chapter of the Canadian Condominium Institute (CCI) formed a Dispute Resolution Sub-Committee. Following is their report:
What is“Zombie Debt” and What Is Your Community Association Doing to Collect It.
The classic definition of a Zombie simply put is “the undead.” That is to say a person is dead but still has some features of being alive so in essence they are not “totally dead.” It sounds creepy, and it is creepy, but in almost every community association in these United States there lurks “Zombie […]
Do You Know What Your Community Association Volunteers Are Doing? Do They Carry Guns? Maybe You Need To Better Supervise
After the Trayvon Martin shooting in Florida last year, I posted a blog article highlighting the need for community associations to supervise their volunteers. Follow this link for that March 2012 blog article. If you have been following the George Zimmerman trial at all, you would understand how important it is for community associations to […]
15 Ways to Make Your Neighborhood Better
We all want to be better neighbors — or at least have better neighbors. But what can we do? How do you build a better community for yourself and your family? The answer is actually quite simple: Get to know your neighbors. Just interacting with the people you live near can significantly strengthen your community […]
So You’ve Been Sued — Now What? Handling Lawsuits
Lawsuits are usually not an association’s go-to method for dispute resolution. Expensive and time-consuming, they can quickly turn into a financial burden and may create strained relations in the community. Unfortunately, in some cases there’s no other way out. Last year a couple filed a suit against a neighbor, the association, individual board members, and […]
Can You Hear Me Now? Better Neighbors Through Soundproofing
When walls are the only separation between you and your neighbors, privacy sometimes goes out the window. People hear their next-door neighbors talking, footsteps from above or even music blaring through the walls. Sound transmission between units is one of the biggest complaints among condo dwellers. Noise can also come from ceilings, doors and windows, […]
Understanding CPA Service Levels: Compilation, Review and Audit. A Primer.
The controlling documents of most co-ops and condominium associations outline the requirement for the preparation of your financial statements. In addition, several states have minimum financial statement requirements. It’s important for boards to understand that there are different levels to what a Certified Public Accountant (CPA) reports. Here’s a primer for condo and co-op board […]
6 Tips to Help Maintain a Positive Perspective in Your Homeowners Association
Among homeowners association managers within our company, we have made training an emphasis. We attend conferences, seminars, classes, etc., so that we cannot only be certified but also continue to gain skills and knowledge to help us do our job better. I remember at a particular law seminar, on the first power point slide, there […]
First-Person Narrative: Slimed and Slandered When Running for the Board
I’ve written about co-op and condo board matters for a dozen years. I served two years on a co-op board on the Upper West Side, and recently spent a year as board vice president at my current condo — which, for reasons that will be clear, I’m choosing not to identify and ask readers not […]
Protect the HOA / Condominium Operating and Reserve Accounts
I know anyone that has any affiliation with an HOA or Homeowners Association has heard of someone stealing or trying to steal money from the Community. The scams are often as simple as writing a check to themselves, either as an administrator, treasurer or president. This is the one constant to which no one paid […]
Maintain Your Common Areas – Or Else
Cities have a legal duty to exercise reasonable care to keep sidewalks in reasonably safe condition. Cities must have actual or constructive notice of an unsafe sidewalk condition and a reasonable opportunity to correct it before they can be found liable for accidents related to that condition. The notice issue usually requires a trial to […]
5 ways communities persuade dog owners to pick up poo
In 2010, the problem of dog excrement was one of America’s biggest gripes, according to a survey by Consumer Reports. But despite posted signs, HOA regulations and looks of disapproval from passersby, some dog owners just don’t clean up after their pets. Read More……