We recently published an article on secondhand smoke regarding its impact at condominium associations and how it can constitute a nuisance. Since almost every community association’s CC&Rs prohibit noxious activity, this is a fairly common and accessible means of addressing the issue. However, enforcing a nuisance claim has its challenges and drawbacks, namely, the subjective […]
Understanding Finances: Reading Between the Line Items
For a crystal-clear picture of how an association is doing, there are few better lenses than the community’s budgets and financial reports. From an investment perspective, they show the shareholders, managers, tenants, owners, and board whether the property is solvent or not. If the numbers add up and the monies coming in and out balance, […]
Pay Up! The Subtle Art of Collecting Arrears
In the tough economic environment of the past few years, many condo owners have faced job losses, pay decreases or just financial uncertainty. Unfortunately, this sometimes leads to owners not paying their common charges. Read More……
Cash-Strapped? Getting Residents Behind an Assessment
Money is a topic people are often skittish about discussing—especially when the discussion involves rising fees, or having to pay more money for something. When you’re a board member or the property manager of a condo building or residential association however, there’s no benefit to skirting financial realities just because they may be difficult or […]
Amazing Amenities: Wine Cellars, Aquariums or Maybe, a Bowling Alley?
New Jersey is known for having some of the very best urban opportunities in the world—among the best colleges and schools, museums and libraries, as well as some of the finest parks, the most interesting architecture, the most intriguing mix of diverse people, and among the very best collection of historic sites in the nation. […]
Sewer-Pipe Primer: Two Engineers Explain When to Repair or to Replace
Sewage backups, which can occur primarily in your co-op or condo’s basement, pose health risks caused by contamination from harmful bacteria and mold. A blocked or broken sewer line is the obvious culprit. Here’s what you need to know about your co-op’s or your condo’s sewer lines so that you can make an informed choice […]
5 ways homeowners can protect against wildfires
Wildfires have become a tragic part of the daily news lately. They can strike anywhere, at any time, with no warning. State and federal firefighting budgets are stretched to the max as well, so it’s more important than ever that you do everything you can to ensure that your home is as safe as possible. […]
Meeting Moment – Avoid Rookie Mistakes
Usually we talk about how to handle the tough stuff that may come up during homeowner meetings. This month, we’ll talk about the easy stuff: how to avoid “rookie mistakes” — oversights that new or inexperienced meeting chairs often make. Keep this list with you and you’ll be more confident and professional while you preside […]
To Amend or Not To Amend? That is the Questions
Over the years, the law with respect to community associations has changed and morphed in many ways. If your community’s documents are more than five years old, it may be time to examine your documents and determine if they are doing your association more harm than good. Read More……
HOA Concerns in Contracting with Vendors
Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms of the vendor contracts. Because such liability […]
Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community
Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. Read More……
Dealing with the Media
I have a Google Alert set up which gives me a daily report of internet posts and media coverage anytime an association is involved. I see, on average, 10-15 stories a day. As a result, planning for your association to receive media attention is something every manager and board members should do. Read More…… (PDF)
Balancing Resident Experts’ Help with Your Paid Professionals’ Expertise
Co-op and condo boards have many “non-professional” professionals — lawyers, engineers, insurance agents, architects, teachers, designers, accountants and others who can tap into their work résumé to help expedite matters at your buildings. Savvy boards have learned to complement their paid professionals by utilizing the talents of a variety of professionals living in your buildings. […]
Suit Happens: But Disputes in Communities Can Be Resolved Without Legal Action
Imagine your own family, if you will —each person with his or her unique personality, attitude, experience and background. It’s inevitable that occasionally you might clash with sister Susie, brother Bob or even an uncle or an aunt. In an association or building, hundreds, if not thousands, of people live together, sharing common areas and […]
The Debate Rages On: Considering Building-wide Smoking Bans
Concern over health and an evolving legal landscape has prompted a number of condo and co-op boards in Suffolk County, Massachusetts, as well as communities across New England to ban cigarette smoking in individual smoking units. Read More……
Happy and Effective HOA Residents: Trait #2
Yesterday I began posting a series of blog entries outlining traits of happy and effective residents in HOAs. While members of the boards of directors of HOAs certainly have a significant role in creating vibrant, healthy and livable communities Read More……
Happy and Effective HOA Residents: Trait #1
For those of you who follow our blog, you know that last spring I posted a series of blog entries outlining the Traits of Highly Effective HOA Directors. This popular series focused on those traits of HOA directors that contribute to the successful governance and operations of the associations they serve. Read More……
What is “Reasonable”?
Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; […]
More Momentum for Smoke-Free Co-ops and Condos, with Help from HUD
Hate dealing with secondhand smoke in your co-op or condominium? As an attorney I often hear complaints from co-op board and condo association members about the extra costs incurred as a result of heavy smokers. Staff sweep up cigarette butts day after day, boards hire outside vendors to steam clean upholstery, curtains and area rugs […]
HOA Hosted Public Events: ADA Compliance Required?
Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act? Read More……
The Debate Rages On: Establishing a Building-wide Smoking Ban
Concern over health, the environment, and an evolving legal landscape has prompted a number of condo and co-op boards in communities across New Jersey to ban cigarette smoking not only in common outdoor areas but in individual units. This restriction has ignited a heated debate over health/nuisance vs. individual rights, and both sides can be […]
Condo Boards Take a Stand on Delinquencies
A SUCCESSFUL condominium depends, in large part, on owners’ paying their monthly fees promptly and in full. Delinquencies can mean less money for maintenance and amenities — and draw the ill will of fellow residents. While the sheer size of larger buildings can often blunt their impact on the budget, small buildings with a high […]
A Reporter Calls: Part 1
First things first: Get the full name of the reporter and get his or her phone number and e-mail address. Make sure you identify the news outlet. Be friendly and respectful. Don’t convey a tone that indicates defensiveness, anger or guilt. Ask: What’s your deadline? What’s the story about? Don’t hesitate to probe if the […]
The Trayvon Martin Case: The Liability of Community Associations for a “Neighborhood Watch”
The tragic death of 17-year-old Trayvon Martin is a vivid reminder to community associations that neighborhood watch programs, while intended to protect the community with the best of intentions, may also create major risks. Read More……
Court Decisions on Pit Bulls Could Make More Community Associations Growl at Dog Owners
Ask condominium managers and trustees about the major headaches in their communities, and pets will invariably be at or near the top of the lists they create. Many issues engender strong feelings in the condominium world, but few equal the passions unleashed when pets are involved, as anyone who has tried to enact pet restrictions […]
The Battle With Homeowners Associations
Congratulations! You’ve just bought a new house in a great neighbourhood and you’re ready to move in. A signed contract together with all the necessary documents is resting in your briefcase. Is there anything that can disturb your happiness? Many first-time buyers lack the experience and can therefore end up in trouble just for not […]
Committees: Delegating Board Authority to Achieve Efficiency
The 2012 amendments to the “Common Interest Development Open Meeting Act” have made it significantly more difficult for Boards to manage the affairs of their HOAs in a quick and efficient manner. Those amendments, as discussed in our previous resource,”Senate Bill 563: Boards and their Business,” made significant changes to the Civil Code, including, Read […]