Can’t we all just get along? It’s a million-dollar question. When people move into a community, they often look for the friendliness and camaraderie that living in an association brings. But with many personalities often butting heads on everyday-living situations, it can often get tense and things can go awry. Read More……
Building a Better Board: Common Traits of Successful Boards
Working in groups can be a challenge. Working in groups when people’s homes—and possibly their life savings—are involved can be a far greater challenge. It’s one faced every day by those brave souls who volunteer to serve on their co-op or condo board. While there is no sure-fire recipe for building a board that is […]
Pssst…My Neighbor is Violating the Covenants!
All Colorado community associations are required by the Colorado Common Interest Ownership Act (“CCIOA”) to adopt responsible governance policies governing issues like collections, meeting procedure, and records inspection. CCIOA does not provide a lot of guidance for the terms of these policies, but the policy regarding enforcement of covenants and rules and the imposition of […]
When “No” Means “Maybe”: A Former Board President on Flexibility with Rules
I served for 25 years as the president of my co-op board (and hope to serve on the board again, perhaps). We are a 20-story, 339-unit cooperative building located in the Riverdale section of The Bronx, with a diverse cross-section of people. In my quarter-decade of service I learned many things, but one of the […]
When Should an Association Consider Forgiving an Owner’s Debt?
Owners in your community may frequently request that the board forgive their debt. Can, and should, the board do this? First of all, as many of you are aware, the Board has a fiduciary duty to collect assessments on behalf of the association. That includes the ability to not only assess late fees and interest […]
Limits of Board Power: Use vs. Abuse – and How to Tell the Difference
Everybody sometimes disagrees with the decisions of their co-op, condo or homeowners association board. Maybe the choice to rearrange the garbage receptacles out front seems ridiculous, or the ongoing clattering of machinery on the roof is driving the top-floor residents nuts—but the board seems determined to let it fix itself. These are the kinds of […]
The Ultimate Do It Yourself Project: Self Managing Your Community
Convenience and saving money are just a couple reasons why a co-op board or homeowners association would choose to self-manage a property. Though, outside managing firms and property managers are hired and employed for good reason. The job requires collecting monthly co-op and condo fees, hiring and managing staff, responding to residents’ issues, among other […]
Understanding Flood Insurance: What Are Its Limits? And Can I Get It?
After the storm, after the surge, after the wind has died, after floodwaters recede, the finger-pointing inevitably begins. “We did not have flood insurance,” says Dr. Janie Simmons, an anthropologist and AIDS researcher who serves as board president of Shore View Condominiums at Rockaway Beach in Queens, one of the many New York City communities […]
How to Run An Effective HOA Board Meeting
Have you ever asked yourself after an Association board meeting “what went wrong?” The flow of the meeting was off, the meeting went on way too long and the atmosphere was unwelcoming for the owners who came to observe. With some careful preparation and attention to some simple tips, you can leave your next board […]
Tripping on Stipulations: A Condo Board Tries to Game the Bylaws … and Fails
Don’t count your bylaw amendments before they’re hatched, and watch out when attorneys suggest an end-run around homeowners trying to stick to their rights. So go, at least, the lessons in a recent case involving an Upper East Side condominium board — which lost a lawsuit against a unit-owner over the crucial, critical, monumental issue […]
A Management Checklist: Performance Review Criteria for Property Managers
How can you tell whether the on-site property manager at a condominium or homeowners association community is doing a good job? And what is a ‘good job’ anyway? Whether a manager is well-liked and whether he or she manages well may not be the same thing. How do you distinguish one from the other? Read […]
Solar Energy Grows in Brooklyn: How a Progressive Board Got Residents’ OK
The view from the roof of Sun Garden Homes, a 70-unit co-op in Sunset Park, Brooklyn, includes unobstructed sights of Green-Wood Cemetery, the Statue of Liberty and the Manhattan skyline. But it is the roof itself that is the most remarkable: It is covered in solar panels Read More……
Overcoming culture clash among diverse residents
Immigrant groups account for about sixty percent of U.S. population growth. This is immediately evident in community associations throughout the Chicago area. Recent immigrants frequently settle in areas with persons of like background, and are often drawn to the benefits of community association living. However, the task of building new lives, working and raising families […]
Responding to Requests for Accommodation
Civil Code Section 1360 generally requires homeowners associations (“HOA”) to allow a disabled owner to, at the owner’s expense, make modifications to the owner’s units and potentially to the HOA’s common areas in order to accommodate the owner’s disability. When a HOA receives a request for an accommodation, what steps can and should the HOA […]
Simple Tips to Avoid a Huge Mess!
An interesting story in the news caught my eye today as I was sipping my morning coffee. An Aurora woman, allegedly frustrated with her non-responsive mortgage company, spray painted the following message on her garage door: Read More……
Diarrhea Signs (And Others) Now Required for California Condo and HOA Pools
Have you heard the latest regarding new required pool signage at California community association pools? Our attorneys have been receiving a lot of inquiries about whether a new “poop sign” is required to be posted at community associations that have pools. We have to report that a diarrhea sign is now required. Read More……
Enforcement of Pet Restrictions
In a recent B&W Alert (“In California, there are three types of animals…”) we addressed a resident’s right to keep service and companion animals even if the CC&Rs for their community ban pets. The gist of that article was that state and federal law “trumps” the CC&Rs to create exceptions that prohibit an association from […]
Limits of Board Power: Use vs. Abuse – and How to Tell the Difference
Everybody sometimes disagrees with the decisions of their co-op, condo or homeowners association board. Maybe the choice to rearrange the garbage receptacles out front seems ridiculous, or the ongoing clattering of machinery on the roof is driving the top-floor residents nuts—but the board seems determined to let it fix itself. These are the kinds of […]
The role of an HOA Board
A Homeowners Association (HOA) is the governing body of a planned unit community, or real estate development. It’s created so that the organization and maintenance of the common areas are properly supervised. The ruling documents, which are referred to as the Declaration of Covenants, Conditions and Restrictions (CC&R’s), and the By-Laws, specify the HOA board’s […]
Emotional Support Animals in Community Associations
Condominium and Homeowners Association which ban or limit the size of pets are under increased attack by homeowners strongly desire to bring fluffy or killer, a 60 pound pit bull into their homes in violation of established of the Association. Traditionally it was not difficult for Association to ban these types of pets and to […]
Cost-Cutting in 2013: Places Where You Can Trim Co-op / Condo Budgets
This year, resolve to cut your costs and properly fund your reserves. Oftentimes delinquent dues and bad debt will create cash-flow problems for your cooperative corporation or condominium association. Collections and liens can be costly and hard to retrieve as well, and as board members and property managers, you are expected to consistently look for […]
Slow Down! In the name of the (HOA) Law!
I have an 11 year old daughter that I will not let play, or even ride her bike, on our street. Why? Because I consistently witness maniacs zooming by my house, in their cars, at 100 miles per hour (or so it seems). Have I complained to my HOA? Of course I have! But how […]
Can Enforcing the CC&Rs Equally and Consistently Ever be Illegal?
Has your board ever faced a demand for a “reasonable accommodation” by a disabled resident? Have you ever heard of a “reasonable accommodation”? What about a request for a modification to a unit or common area to accommodate a disability? As explained by the following excerpt from our Utah HOA Law app, if certain requirements […]
The Effect of Homeowners Associations on Sustainability
The concept of an Homeowners Association, or HOA, isn’t one that typically comes to mind when most people think of sustainability. We see more and more horror stories in the news nowadays of homeowners slapped with hefty fines for growing gardens on their own property, or even thrown in jail for daring to keep a […]
Meeting Manners Matter
The benefits of good manners are obvious. They make your professional relationships more productive and increase the likelihood of effective problem solving in teams. A recent US World and News Report poll indicated that rudeness had increased so dramatically that society was experiencing a profound social breakdown. Read More……
Directors’ Duties
We frequently talk about directors’ “fiduciary duties” to their associations and their members. While CCIOA seems to say that non-declarant directors do not have a fiduciary duty (it says no director nor officer shall be liable for actions taken or omissions made in performance of such person’s duties except for wanton and willful acts or […]
Have You Updated Your HOA Management Contract Lately?
Many of us are so busy in performing the work that we are hired to do that we often neglect the housekeeping we should do for our businesses. Management agreements with community associations may fall into this category. As with many agreements in which sections are revised but the whole contract is not reviewed, management […]
A Tale of Two Associations
It’s your castle — your house, your yard, your garden. But if you choose to live in a subdivision governed by a homeowners association, you’re not always the king. In fact, you might be too much a king’s subject for your liking. Read More……
The Value of Education in Your Communications
For years, I have been writing about the importance of communication as it relates to community association living. I have stressed how important it is that you tell your story well and that you tell it often. Newsletters, letters, websites and any other tools used to communicate need to educate readers about what is happening […]
Cut your costs in 2013
Oftentimes delinquent dues and bad debt will create cash-flow problems for your Homeowners Association (HOA). Collections and liens can be costly and hard to retrieve as well. As board members and property managers, you are expected to consistently look for ways to cut expenses – especially in these hard-hitting economic times. Read More……
Tell Everyone How You Maintain, Protect, and Enhance!
Maintain – Protect – Enhance. This is the prime directive for Boards of Directors of Homeowner Associations across the country. By maintaining, protecting, and enhancing the assets of the association, the Board ensures that property values are maximized and owners’ interests are served. The majority of your association’s common fund will be spent on maintaining […]
Maintenance and Insurance Charts
An association’s maintenance and insurance obligations are typically set forth in the association’s declarations of covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards and managers clear answers. Often times, many provisions of the declaration need to be cross referenced and read in conjunction, and […]
Better Communication in 2013
I love the fresh start of a new year. Like many people, I use the last few days of the year to reflect on accomplishments, identify areas for improvement and growth, and set goals for the next twelve months. The last week of the year often slows down enough for reflection and planning, and I […]
5 Ways to Reduce Assessment Delinquencies
Our law firm helps many HOA boards and managers collect past-due assessments (dues) from members. Collecting on delinquencies is not easy work in any event, but it can inadvertently be made even more difficult than necessary by a manager or board. Here are 5 ways to help ensure delinquencies can be collected in a timely […]
Top 10 Collections Resolutions for 2013 for South Florida (or anywhere) Community Associations
The start of the year marks an ideal time for community associations to take a close and careful look at their collections practices and establish some new year’s resolutions to make their efforts as effective as possible. Here are my top 10 suggestions for the best collections resolutions for associations to consider and adopt for […]
Too Hot to Handle! Fire Safety for Multifamily Buildings
The discovery of fire is considered a major turning point in man’s evolution from cave dweller to outer space explorer. Control of fire allowed early man warmth for his habitat, a way to cook his meals, and light for his surroundings. Fire also provided a means to frighten away predators and introduced a social element […]
A Private Matter: Communities Must Balance Privacy and Security
The issue of intellectual property and an individual’s right to privacy has become a greater concern since more and more people conduct their lives online—whether for banking, social media or dating. While the aforementioned generally have security features encrypted in programming platforms, there remain justifiable concerns as to what is actually protected. This heightened sense […]
Working With Homeowner Associations
Why should bird conservationists work with homeowners associations? San Diego Audubon has a great workbook answering this question, and providing guidelines for creating and implementing sustainable, nature-friendly landscaping projects within planned communities administered by a homeowners association. The 20 page guidebook also includes a case study from the community of Eastlake in Chula Vista, California, […]
2013 New Year Resolutions for Directors and Residents of HOAs
For those of you who follow our blog, you know that every year I post New Year Resolutions for directors of HOAs. For 2011, the resolutions focused on addressing the fiscal health of associations and in 2012 they focused upon individual development of directors. Read More……
Payback Time: Florida Homeowners Foreclosing on Banks
Since the housing bubble burst in Florida five years ago, more than 400,000 borrowers have had their homes foreclosed on by their lenders. But for some, it’s payback time. Hundreds of homeowners and condo associations are foreclosing on banks that have failed to pay dues and other expenses on the properties they’ve repossessed. Read More……
Condo Associations & HOAs Losing Millions Nationwide
According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States. Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud, […]
You Need to Keep Logs of When You Shovel Snow and Ice! Here’s Why
The condo board at the Village Mall at Hillcrest Condominium, in Queens, thought it was doing everything it had to do on that winter’s day. Its porters and superintendent regularly used a small tractor to remove snow, and a plastic device on wheels to spread salt onto the sidewalks. But they kept no logbook of […]
SIDE STREETS: Transparency coming to homeowners associations
If you volunteer on a homeowners association board, you better create a new email account, quickly, for HOA business only. And be prepared to operate with greater accountability to your fellow homeowners. A new state law taking effect Jan. 1 mandates new levels of transparency from HOA officers while it takes steps to protect the […]
Making a List and Checking it Twice
It’s that time of year again when Boards are planning for the New Year. One of the tasks on their list should be to make sure the Association has enacted the mandatory governance policies and that each policy is being consistently implemented. Read More……
Superstorm Sandy: Federal Help Exists for Co-op and Condo Associations
In the terrible aftermath of superstorm Sandy, co-op and condo boards and residents found themselves struggling with both dire immediate needs and longer-term woes. With lobbies, basements and other common areas flooded and in need of repair and reconstruction, with electrical panels destroyed and with buildings not collecting maintenance or common charges from uninhabitable apartments, […]
How to be a Grinch
I’ll admit it, I’m something of a Grinch. I’m just not very good at putting up the holiday decorations that so many other people do so well. My neighborhood is having a holiday light competition. I haven’t managed to put up any lights, but if I were to put up anything, it would look like […]
Smart Buildings, Smart Boards: If Phones Can be Smart, Why Not Buildings?
If phones can be “smart,” why not buildings? With the ever-expanding array of consumer technology available today, it should come as no surprise that residential buildings are able to incorporate more and more cutting-edge technology into their communications, security, and operations systems than ever before, and to unify building operating systems so they can be […]
The Importance of Knowing Your Warranties
Warranties for products are simple to understand, most people might think. You go to the store, buy a computer or a DVD player or a TV, or even a larger appliance like a refrigerator, and you get a piece of paper describing a one-year or two-year warranty, and what’s covered. Sometimes, for some extra money, […]
Masonry Requires Regular Maintenance
What many co-op and condo associations don’t understand is that there is a fair share of maintenance that goes into brickwork. From repointing and caulking to cleaning and sanding – brick walls are an investment and if taken care of appropriately can last beautifully for generations. Read More……