Although COVID-19 is (hopefully) waning, there are still concerns about immediately going back to the way things used to be done at annual meetings. For instance, the most common method pre-pandemic of voting during large meetings was by voice. On any matter to be decided, the presiding officer would ask all those in favor to […]
What Is Condo Insurance?
If you own a condominium, co-op, or townhouse unit, you may need to buy a condo insurance policy. Much like homeowners insurance, condo insurance can protect your dwelling, furniture, clothing, and valuables in the event of a covered peril or hazard. It can also protect your assets from liability claims and pay for temporary housing […]
Short-term rental guests accidentally set fire to Lafayette condo with discarded cigarette (LA)
A short-term rental on Lee Avenue suffered fire damage after occupants tossed a cigarette in a plastic planter outside the unit’s front door, the Lafayette Fire Department said. Read the entire article……………………………….
Pavement Rehabilitation
Resurfacing a flexible (asphalt) pavement is an expensive undertaking that becomes necessary when the pavement reaches the end of its useful life. There are methods to rehabilitate the pavement, which can extend the useful life as well as have a major effect on the aesthetics of the pavement. Read the entire article……………………………….
Picture Perfect HOA Reserves
A reserve study identifies a homeowner association’s future repairs and replacements like a snapshot in time. Imagine that you could picture the buildings and grounds as they would be in five, ten, even thirty years. A reserve study acts just like that by estimating the useful life of the common elements and the cost to […]
Should Delinquent Owners Voting Rights Be Revoked?
One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community cannot maintain the grounds, amenities, or sidewalks without yearly owner dues. Read the entire article……………………………….
Top FAQs on HOA Fees & Collections (GA)
As a board member, you have many responsibilities including HOA fees and collections. There are a number of questions we hear from our clients on collections and we even represent them in court to help guide them through the process. Read the entire article……………………………….
The Hard Truth About Soft Costs for Co-op and Condo Boards (NY)
Many co-op and condo boards tackling capital projects are finding themselves caught in a perfect storm: as city regulations have become more stringent, the demand for scaffolding and sidewalk sheds has risen, while the cost of that protective equipment has also risen thanks to high insurance costs, inflation and simple laws of supply and demand. […]
Q&A: Make Well-Grounded Decisions on Change (MA)
Q. An owner in our condominium has asked the board for permission to install an electric vehicle charging station in his garage unit. This would require some infrastructure changes to the electrical system for the association. What sort of issues should the board consider in making a decision? Read the entire article……………………………….
How to Collect Delinquent Homeowners Association Fees (GA)
Delinquent homeowners association fees are a reality that most associations have to manage. While it can be a hassle, the HOA usually has several available options to collect, including recording liens against the property, filing suit and obtaining a judgment against the homeowners, and, in some cases, foreclosing on the property. Read the entire article……………………………….
Know Your Boundaries: A Guide to Understanding Unit Boundaries in an HOA (MN)
We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]
Essential HOA Resources and Tools for an Effective Board in Arizona
Serving on the board of a homeowner’s association can be much more time-consuming and difficult than most people expect. There are not many resources available to help save you time and effort while you figure out what to focus on and how to get things done. The Brown Law Group, PLLC provides general counsel legal […]
8 Ways to Increase Your Communication with Your HOA Board Members & Homeowners
One of the most challenging issues in every HOA is increasing the involvement of its association members. It’s their community, too, and they should be aware of what’s going on and be able to vote when significant decisions are made. However, convincing your homeowners to participate can be difficult. Read the entire article……………………………….
Why You Need A Reserve Study
If you are an HOA Board Member, you have a tough job. Your responsibility is to manage the community while also watching out for the bottom line. It can be challenging to balance these two goals, so having a reserve study will help. Read the entire article……………………………….
NY: Co-op and Condo Boards Can Lead the Charge on Electric Cars
A co-op shareholder in Woodside, Queens, is facing a dilemma. He has sole access to a dedicated garage, and he wants to buy an electric car. However, the co-op board will not give him permission to install an electric car charger, even though Con Edison has agreed to connect the charger to the grid. Can […]
Can A Home Owner’s Association Legally Take Your House In NY
Homeowner’s associations can be a pain in the behind, but can they really take your home if you don’t abide by their rules? We’ve all heard of HOA horror stories. Sometimes you pay your HOA fees and they do absolutely nothing to make the neighborhood better or enforce basic rules to keep the neighborhood beautiful […]
Hiring an HOA Attorney
HOAs are governed by an elected board of directors who are responsible for enforcing rules and managing the development. Associations may also hire a property manager to help with day-to-day operations and owner relations. However, there will come a time when the HOA encounters a complex problem that requires the help of an attorney to […]
Tips to Minimize HOA Board Meeting Mayhem (CA)
For many people, meetings are a fact of life. Whether it’s an HOA board or member meeting in your homeowner’s association, a volunteer meeting at your child’s school or a department meeting at work, being adept at participating effectively and managing meetings is a useful skill. Read the entire article……………………………….
Know Your Boundaries: A Guide to Understanding Unit Boundaries in an HOA (MN)
We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]
Noise in Your HOA
The homeowners in your community will often live and work on different schedules: an ER nurse may sleep during the day and work night shifts, while a school teacher will need to get up far before the sun to arrive on campus before the students. This also means that lawns could be mown, dogs could […]
Help! We Have a Homeowner Not Paying Assessements. What Do We Do? (CO)
At some point, most boards will experience a homeowner not paying assessments. Sometimes it’s just one, and sometimes it’s several homeowners, but regardless, this can be an uncomfortable situation for the board. Even though the delinquent homeowners are your neighbors, making sure that all homeowners pay their assessments and taking action when they don’t is […]
What Board Members Need to Know About Arizona HOA Disclosure Requirements and Record Keeping
There are not many people that get excited about record keeping, but it must be a top priority for any Arizona HOA. Arizona law makes any association or planned community responsible for accurate record keeping and providing those records to any individual member upon request. Read the entire article……………………………….
How to Change HOA Governing Docs (CA)
Over the course of time, there are various factors that may elicit the need to update the governing documents of the HOA. These documents establish policies for the management and operation of the association. Taking on such a task of changing the legal terms that govern the association can feel daunting, but it doesn’t have […]
Creating Connected and Inclusive Communities
Among the many benefits it provides, an HOA management company helps the board of directors achieve two central goals. First, securing property values by ensuring the association is well-kept and making good financial decisions, and second, creating a sense of community, the latter of which contributes wholeheartedly to the first objective. Read the entire […]
Handling Document Requests from Members of Residential Associations (MI)
Residential association managers and directors should bear in mind that association members (co-owners or homeowners) will always have some rights to review Association records. These requests can sometimes seem burdensome, but, given the unique and complex relationship between an association and its members, and the fact that residential associations are funded by assessments paid by […]
Conflict Resolution Strategies for Homeowners Associations
Differences of opinion are bound to happen when boards try to govern their property, even within the best community associations. When it comes to major community management decisions, in particular unpopular ones like increasing HOA dues, tempers often flair among residents and board members alike. Read the entire article……………………………….
Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement
Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her […]
How to Determine Whether Compliance Fines are Reasonable (CA)
Asked – How long should homeowners associations levy compliance fines against non-compliant Members before transferring the files to legal counsel? Read the entire article……………………………….
8 Tips to Protect Your HOA Reputation
The homeowner’s association (HOA) or condominium organization can assist in maintaining a cohesive and clean environment in residential communities. Community associations, like other organizations, rely on people to do key tasks and make decisions, therefore maintaining the association’s reputation is critical. The importance of homeowners is controlled by their capacity to apply safety practices and […]
Problem Solved: What To Do When the Lone Elevator Goes Down (NY)
When a building’s lone elevator goes out of commission, it can be a nightmare. A big issue can be financing the repairs. You’ve had experience with both of these challenges at an HDFC co-op in Hamilton Heights. Can you tell us about it Read the entire article……………………………….
HOA balance sheets
Balance sheets are used by all types of businesses. HOAs also use balance sheets to understand how much money is coming in, how much is going out, and how much equity they have. This financial document provides a clear snapshot of the company’s finances at any given point in time. The items listed on the […]
Reserve Funding for Condo Associations: Options and Best Practices (FL)
Millions of Florida residents live in condominium units, be they stand-alone villas or penthouse units in a 30-story building. Irrespective, Florida Statutes section 718.112(2)(f) provides a default rule that condominiums must reserve fund balances to repaint, resurface the roads, replace the roof, and perform any deferred maintenance or replacement that costs more than $10,000.
Distinguishing between maintenance responsibility and financial responsibility in the wake of damage to condominium property (FL)
Forgetting to turn on the air conditioner before heading back up north for the summer and coming back to find mold growth. An undetected pipe leak. Forgotten running faucets that spill over onto the floor and beyond. Read the entire article……………………………….
Gated Community Guards Don’t Guarantee Security (FL)
Some people who live in gated communities get a false sense of security that they are “safe” because they live behind the gates and there are “security guards” at the gate. They probably don’t understand that their community is just providing gate guards to control access through the front gate, but they do not guarantee […]
Fire Hydrants in community associations, what you don’t know can cost you
Fire Hydrants are in every community association. Do you own yours? Or does someone else, the city, county? Find out for sure. If you own yours, you have to pay to have them tested/inspected/tagged annually. The liability to know and document that fact is real, and up to the board of directors and/or management. Watch […]
HOA Homefront: How to attain the elusive membership quorum (CA)
Some of the most important HOA decisions must be made by membership vote, but many associations cannot make those decisions because they fail to attain a quorum. “Quorum” is the minimum number of members participating (in person, by ballot cast in advance or by proxy) so that a membership vote can be taken. The failure […]
What to consider before ripping out your lawn
The grass lawn is as much a part of the lore of the American suburban dream as white picket fences and apple pies. But that page may be turning—some Americans are reconsidering why they continue to put money and time into this less-than-eco-friendly part of the home.Read the entire article……………………………….
What are the Qualifications for Becoming an HOA Board Member?
So you live in a homeowners’ association and want to make a difference. Participating in HOA activities is one of the nicest aspects of living in an HOA. Every homeowner, after all, is also a co-owner of the entire neighborhood. Although all members have the right to vote, the board of directors is the one […]
How to Manage HOA Parking Rules that Your Residents will Follow
The single biggest problem with HOA parking rules is getting residents to understand and follow the parking rules. For the most part, people park wherever is necessary or convenient. For example, if they have two cars and a one-car garage, they’ll park in the driveway. When family visits, they’ll park on the curb. If you […]
Creating Committees (CA)
Does your board table decisions because you can’t get through all of the discussion? Is there a big project that your association needs to complete, but the minutia of it is overwhelming the board? Don’t let the added work hold you back. Recruit volunteers from the membership to assist the board through the creation of […]
It Ain’t What It Used to Be: 5 Tips for Managing the Bidding Process (OR)
In the wake of pandemic delays and a new focus on deferred maintenance since the Surfside tragedy, many associations have significant projects to bid out to contractors. But the process has changed in the past couple of years. Read on for advice on navigating it effectively. Read the entire article……………………………….
Condo Insurance? Why Do I Need That?
If you own or are looking to own a condominium unit, you will find a requirement by the lender for you to purchase condominium insurance. Condominium insurance, or condo insurance, is required by the lender. It ensures that the inside of your unit will remain in the same condition as it is when the lender […]
Use of Timers to Stay on Schedule During Board Meetings
One of the key components to running an efficient board meeting is to start on time and end on time. Easy enough, right? Well, we know that is not always the case. Read the entire article……………………………….
Security Tips For Protecting Your HOA’s Data
Technology can enhance homeowners’ associations (HOAs) in a variety of ways—including helping with data storage. Many HOAs depend on digital platforms to store contracts, resident databases, banking information, and other confidential documents. This method of storing data can be extremely efficient, but as with all technology, the risk of cyberattacks and data breaches is present. Read […]
Easy Ways to Soundproof Your Condo
If you live in an apartment or condo, you most likely share a few walls with your neighbors. Condo walls are generally not made of particularly thick materials, which might not necessarily be a problem; however, many things can happen in life that result in some extra noise, such as having a baby, adopting a […]
Thoughts on Bylaws: Individual Amendments, Bylaws Revisions, and Best Practices on Amending Bylaws (NC)
There are usually three main governing documents that most nonprofit corporations have today—corporate articles, bylaws, and board policy. The corporate articles (or “articles of incorporation” or “corporate charter”) are a legal document filed with the state and should have only statutory requirements, such as name of organization, address, service agent, etc. Read the entire article……………………………….
How to Address Bad Homeowner Behavior
A homeowner became disruptive at our annual meeting after repeatedly being told that he was out of order, and he was asked to leave. How should the board follow up so that he does not repeat this type of behavior? Read the entire article……………………………….