Insurance is designed to be there for us when we need it most. Without knowing the full extent of our coverage, though, we may find ourselves with less protection than we thought. For condominium owners, it is imperative to understand exactly what liabilities and risks are covered by individual resident homeowner policies and what is […]
Rookies No More: Veterans Helping Newcomers
Remember your first day at a new school? Most likely, you didn’t know a soul, had no idea what the students were learning and you probably felt nervous, intimidated or maybe even afraid. In most cases, this is what it’s like to be a new board member. A newcomer walks into a meeting for the […]
Budget Season: How is your HOA handling reserves?
After a wonderful holiday weekend, it’s time to saddle up and get back to work! For management and boards of homeowners’ associations (“HOAs”), that means budget season is now in full swing. While community association managers play a pivotal role in assisting boards with the creation of budgets, it’s ultimately up to each board to […]
Vacancies in Your HOA Neighborhood – What Can You Do?
Living within a homeowners association (HOA) has several benefits that lead people to move into these neighborhoods. Common areas are kept up by the HOA and these neighborhoods often also have shared amenities like gyms, tennis courts and walking trails. Unfortunately due to the current state of the housing market, some homes are left unoccupied […]
The Mailbox Rule: The Law’s Response to “I Didn’t Get Notice”
How many times have you heard a homeowner tell a manager or board that he/she did not receive the delinquency notices mailed? As a collections attorney, I hear this excuse very frequently from homeowners. More times than not, homeowners do not “receive” letters because they fail to open their mail. This can be intentional or […]
Does Your Association Have the Written Policies it Needs?
By now, most community associations have met the minimum requirements when it comes to adopting the responsible governance policies required under the Colorado Common Interest Ownership Act (CCIOA). You have duly adopted all 9 of the required policies, including a collection policy, an enforcement policy and a conflict of interest policy to name a few. […]
Using Common Sense Could Lead to More Common Cents in Your Community
I am a lawyer. I read, on a regular and ongoing basis, governing documents, statutes, contracts, and other such documents. I am asked to provide my opinion on various legal issues and, in doing so, I review the relevant documents and applicable law, and provide a course of action. And yet, all the legal knowledge […]
CA: What You Need to Know About Small Claims Court
There are certain claims where small claims court may be the appropriate venue, as opposed to superior court. Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5000, which is the limit that a California community association can recover in small claims court. Read More……
Florida Bar Looks at Issue of Managers and the Unauthorized Practice of Law
In June, 2012, the Florida Bar’s Standing Committee on the Unauthorized Practice of Law discussed the ever present issue of what constitutes “unauthorized practice of law” or “UPL” by community association managers. There are approximately 15, 600 licensed community association managers currently active in the State of Florida. Of those, the Department of Business and […]
Condominiums CAN Go Smoke-Free: Two Condo Boards’ Instructive Efforts
Enforcing a smoking ban is stickier in condos than in co-ops. While in both cases a supermajority of the shareholders or unit-owners can amend the bylaws, enforcement is the key issue: A co-op can terminate a shareholder’s lease, but a condominium association’s chief weapon is a fine — and if a repeat offender fails to […]
What Is A Lien?
Lien. The word gets thrown around like a hot potato on a construction project. Here on the Lien Blog, I use the word constantly, and advocate to credit managers to “file a lien” to protect a company’s rights to payment. But what exactly is a lien? How does it work? What does it do and […]
A Queens Co-op Slashes Its Electric Bill by 85%. How? With Cogeneration.
Cogeneration, also known as combined heat and power (CHP), is a natural-gas-fueled method of generating electricity for your co-op or condo building — and it’s down-to-earth, not pie-in-the-sky, as one Queens co-op found after getting got financing to install a cogeneration plant that’s reduced it Con Edison bills by 85 percent. Eight-five. Not a typo. […]
HOA Board Member Wanted: Should You Run?
The day-to-day planning and financial stability of a Homeowners Association is generally attributed to the diligence and competence of its HOA Board. If you’re thinking about running, there are a number of things to take into consideration, such as the skills and qualifications, which will help you manage effectively. Read More……
Lakes can become liabilities if not maintained
The prospect of a nice home situated on a lake in a suburban community is very appealing to prospective buyers. Lakes became a fixture at many of the residential developments in Boone County during decades of population growth, which was only recently slowed by the economic downturn. Read More……
The Art of Taking Minutes at Your Association’s Meeting
Detailed minutes can prove troublesome for your Association. Minutes are required at any Association or Board meeting. They serve as a record of the actions and decisions made at a meeting; however, they are not meant to be a transcript of the meeting. The more unnecessary, superfluous detail is included in Board meeting minutes, the […]
What the Heck is D&O Insurance and Why is it so Important? A Primer on Board Member and Officer Liability Exposure
Directors and officers of an association are volunteers with enormous responsibilities, who put in countless hours to better their communities. Though directors and officers are appreciated by most of the community, they are sometimes blamed for their decisions and challenged in court. However, in the event that there is a challenge (a threatened or actual […]
Gated Communities – Are They Any Safer?
Increasingly, many Americans turn to gated neighborhoods in an attempt to live in a place where they feel safe and secure. The concept of walls, gates and security cameras keeping out invaders and capturing attempted crime before it starts is very appealing to many who are willing to pay more for that privilege. Logically, it […]
BOO! No, Not a Ghost: Just “Back-Office Only” Management for Small Buildings
It might seem as if hiring a managing agent to care for your building is a no-brainer. But some condo and co-op boards are discovering it’s not always the smartest solution, especially when your building is small and so is your budget. Many such co-ops and condos are finding they could save management costs by […]
What is Mediation?
Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties are ordered to attend mediation prior to scheduling a trial. In some instances, however, even […]
The Common Sense “Secrets” to Running Good Board Meetings
Condo and co-op board meetings should be productive, efficient gatherings where the board conducts business and doesn’t meet to socialize. Are you getting the most out of your meetings? If not, consider a few of these things — from how to set an agenda to how you treat fellow board members and your managing agent. Read […]
In a California Homeowners Association, there are Three Types of Animals…
A homeowners association has a “strict” (and strictly enforced) “no pets” policy but a resident requests that an exception be made to permit her to keep a dog. Or, maybe it’s a cat. Or a hamster. Must the association provide this “accommodation”? The answer is “maybe” and depends in part on whether the resident is […]
You Catch More Flies With Honey
As I was driving to work this morning, I was reflecting on some of the less than constructive communications I have witnessed in the community association context lately. I don’t know if it’s the heat that’s getting to everyone or if the ugly presidential campaign is starting to rub off on us, but it seems […]
Smoking Bans: An Increasingly Viable Alternative for Addressing Complaints of Secondhand Smoke
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 […]