The collapse of the Champlain Towers South in Surfside, Fla., in June is bringing increased scrutiny to the condominium insurance market. Ninety-eight people died after the building fell, highlighting the need to review the legal requirements and standards related to ongoing maintenance and structural integrity of condo buildings across the country. Read the entire article……………………………….
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected? (FL)
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral […]
Residential Community Working Relationships
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they complement one another. Read the entire article……………………………….
A Revolt! Tips to Prevent Owner Insurrections! (NC)
The terms “coup” and “insurrection” are making their way into everyday conversation as of late. We hear about it on the news, but what happens when your community association experiences a similar situation? Meaning, what happens when your HOA or condominium board of directors is the target of an overthrow by the members of the […]
Proxy, Proxy, Who Needs a Proxy? A Primer on the Use of Proxies in Associations (MN)
Recently, I had a conversation with the president of an association about an upcoming Board meeting that was expected to be contentious. The president casually mentioned that one director would be traveling internationally for work and would not be able to attend the meeting—”but it’s OK, we have her proxy.” Read the entire article……………………………….
Why Do Chimney Inspections Matter to Homeowners?
A fireplace can make any home cozier and inviting. There’s something extraordinary about a roaring fire in the middle of winter and a mantelpiece covered in family photos. But, of course, with every fireplace comes a chimney. The chimney carries fire smoke safely outside the house. It is also a hollow stone tower that rises […]
Should Short-Term Rentals Be Allowed In HOA Communities? (CA)
Short-term rentals or Airbnb’s are controversial because of their effects on communities. On the one hand, many homeowners enjoy extra income and appreciate meeting new people when they rent their homes for short periods. Read the entire article……………………………….
HOA Meeting Basics
HOA board meetings are designed to transact essential business. They should be carefully choreographed to that end rather than a rambling discussion. Members should be welcome and encouraged to attend and observe. To that end, provide a Member Forum at the beginning of the meeting for owner comments, questions and complaints (It’s the American way). […]
Problem Solved: How Co-op and Condo Boards Can Prevent Garage Decay (NY)
For co-op and condo boards, a parking garage can be a prized amenity and a great source of income. But neglect can turn those amenities into liabilities. In your engineering work, do your clients tend to ignore problems in their parking garages before they call you? Read the entire article……………………………….
Board Member 101: Best Practices (IL)
Board members who are elected to represent their condominium, homeowner (HOA), and townhome community association carry a weight on their shoulders to ensure they are acting in the best interest of their fellow neighbors. Read the entire article……………………………….
How to Get Out in Front of Emergency Maintenance in Residential Buildings
At one point or another, every home needs a little bit of attention. Maybe the door sticks during the summer months. Maybe the shower drips. While these issues all need to be resolved, you wouldn’t describe any of them as urgent. But every once in a while, a home will have a time-sensitive issue where […]
Part 2 :The Realistic Solution for HOA Parking
What is the solution to “The Hoa Parking Problem”? It’s flexibility. When your policies can adapt to a changing world of large cars and active families, you will keep up with community residents and members’ real-world needs and priorities. Read the entire article……………………………….
How to Resolve Conflicts in a Positive Way (TN)
Community is a wonderful thing. But when groups of people live near each other, some conflict is inevitable. Often conflicts occur over small things. Other conflicts may be about big things. Whether big or small, it is important to resolve conflicts as quickly and positively as possible. Proactively addressing conflict will position the community for […]
Are Rentals Allowed in an HOA? (WA/OR)
Rentals are a hot button issue for many associations this year. Recent rent increases exceeded 16-year highs, and the number of single family rentals increased by more than 10% over the last year. Given these numbers, it’s no wonder a lot of homeowners are wondering “Can I rent out my home if it’s part of […]
HOA Dues And Inflation: A Look Into Rising HOA Fees
It is the duty of the homeowners association board to prepare the budget from which dues are calculated. But, there are external economic factors you must consider beyond just the needs of the community. Here, we take a look at the relationship between HOA dues and inflation. Read the entire article……………………………….
HOA Payment Plans: Should You Offer These To Delinquent Homeowners?
HOA payment plans are a common remedy that homeowners associations adopt to lower delinquency rates. But, is there a requirement for HOAs to offer these plans? And how do they work exactly? Read the entire article……………………………….
What Does The Champlain Tower Collapse Mean For NC / SC Condos?
With the collapse of the Champlain Tower South (a part of a condominium located in Surfside, Florida) in June of last year, there has been a search for answers. Condominium owners want to know whether their building is safe, and boards of directors want to make sure they are taking appropriate steps to prevent another […]
Westchester’s Biggest Co-op Tackles a Security Breach (NY)
Its 778 units make Sadore Lane Gardens the largest co-op in Westchester County, and since its five buildings don’t have doormen, security is a major concern. So when hundreds of shareholders started experiencing glitches with their intercoms, the property manager got busy. Read the entire article……………………………….
Part 1 of The Realistic Solution for HOA Parking
HOAs across the nation (and really, across the planet) face a similar problem in parking: There isn’t enough of it. Not enough to comply with HOA appearance-based parking rules and sometimes not enough with lenient parking policies. Read the entire article……………………………….
6 HOA Financial Reports You Need to Know
Homeowner Associations in Santa Clarita can involve lots of reports. Here are 6 financial reports that you need to know Read the entire article……………………………….
“Honey, those neighbors are at it again! Call Code Enforcement!” (FL)
There was a time, not so long ago, when Floridians could easily, and anonymously, report known or suspected violations of local ordinances and regulations to code enforcement. Neighbors could report their concerns about abandoned or unsafe structures, building without permits or by unlicensed contractors, unpermitted uses of property, noise violations, storing inoperable vehicles and junk, […]
The Fundamentals of Serving on your Association’s Board: Part 1 (NC)
Serving on your community association’s board of directors can be a complicated job, especially if you haven’t received the proper resources and training needed to carry out your duties. But, just as with most things in life, a little bit of education will go a long way toward making your time as a community leader […]
D&O Insurance For HOAs: Your Complete Guide
Insurance is one of the most essential purchases any homeowners association can make. Boards, in particular, will benefit from D&O insurance. Unfortunately, many boards don’t even know what this type of policy covers and how much coverage is enough. Read the entire article……………………………….
Grandfathered Rental Rules for Condos and HOAs? (FL)
For years, new condo rental restrictions applied only to current owners who voted for them, but new HOA restrictions were effective for everyone. That changed last July when HOA owners who rent out units received somewhat similar protections. Read the entire article……………………………….
Surfside Towers Collapse Causes Tighter Maintenance and Capital Reserve Requirements for Associations (PA)
It has been about half a year since the terrible collapse of Champlain Tower South in Surfside, Florida. Because of this tragedy, condominium and homeowners’ association boards and owners have been concerned about the structural safety of their buildings. And now Associations are facing hard questions from mortgage companies concerning both maintenance and capital reserve […]
What Exactly Does Condo Association Insurance Cover and Do You Need Your Own Personal Policy?
Picking the right insurance policy as a homeowner can be daunting. Because certain policies offer certain things, it’s important to have a clear understanding of what type of coverage you need. If a person lives in an HOA community, especially for a condo, coverage can get tricky. Here’s what to know about the things a […]
A Case Study in Ending Speeding in Community Associations
Speeding within communities is a dangerous concern for most HOAs. This is especially true for large communities consisting of long, wide roads that may tempt some drivers to hammer down on the gas pedal. This speeding concern became a critical issue that a large, gated HOA decided to act upon. The Board of Directors felt […]
Resolving HOA disputes in Maryland
Living in a community with a Homeowners Association (HOA) in Maryland can be wonderful – until there is a dispute. Then, it can feel like living in a dictatorship. If you are having trouble resolving an HOA dispute, don’t worry – you are not alone. Here’s the ultimate guide to resolving HOA disputes, covering everything […]
Financial Tips For HOA Managers: Budget Friendly
HOA managers are professional individuals who run a community’s day-to-day activities on behalf of the board members. Depending on the agreement, they collect HOA dues, maintain common areas, and enforce the rules and regulations of the community. Read the entire article……………………………….
Top 5 Tips on Keeping the Sidewalk Safe (NY)
Many of us have been there. Face down after stumbling on an uneven or slippery sidewalk. We are not talking on the way home from a happy hour. We are talking about broad daylight when going to the store or the subway. That begs for the question, who is responsible for the sidewalks? Read the […]
How to Guarantee Your Association Achieves a Quorum (OH)
Each year, every community association must have an annual meeting of its ownership. To have a legal meeting, however, certain procedural and legal requirements must be satisfied. Establishing quorum is one of these meeting requirements. Most of us have heard of the term “quorum,” but for many first-time Board members and owners, they may not […]
Condo Board Goes in for Early Detection of Water Leaks (NY)
Ask any co-op or condo board member or their property manager to name the biggest headache they get from their building, and the answer is guaranteed: water leaks. Whether it comes through the building envelope or passes from one apartment to another (or many), water is Enemy No. 1. A condo board in Toronto — […]
The lawn goodbye: Communities turning to sustainable landscaping
Drought brought on by climate change has many community associations out West making a commitment to pulling up grass and installing more sustainable landscaping. Others are turning to smart irrigation systems to reduce water consumption and even relaxing enforcement of landscaping maintenance. Read the entire article……………………………….
How’d They Do That? 8 Secrets to Good Attendance at HOA Meetings
Ever feel like the odds of pulling off a well-attended hoa meeting is as likely as spotting a unicorn in a field of four-leaf clovers? There are lots of reasons people may not be able, or even want, to attend board meetings. Here are eight ways to make them change their minds – and adjust […]
Homeowner’s Lawsuit Against HOA for Libel, Defamation Illustrates Dangers of Conflicts Getting Personal (FL)
When disagreements and disputes arise amongst those who serve on community association boards of directors, emotions can run high in light of the impactful nature of the decisions made by such directors. However, as association directors are duty bound to act in the best interests of their community and its owners, they should seek to […]
Five HOA Automation Tools For Better Property Management
Managing a property requires a high level of business acumen. Being an HOA community manager is sometimes a thankless job. But someone needs to help manage the community, ensure that those are being paid, and help take care of maintenance/repairs that might need to be done. It’s also prudent to keep the neighborhood looking in […]
Tax Abatement Crunch Time: When Must Coops and Condos Pay Their Employees Prevailing Wages? (NY)
Certain cooperatives (coops) and condominiums (condos) that wish to be eligible for the coop and condo property tax abatement are in a mad dash to submit the newly required prevailing wage affidavit. Read the entire article……………………………….
Robert’s Rules of Order vs The Standard Code of Parliamentary Procedure vs the AIP Standard Code of Parliamentary Procedure
A question came up during a recent online discussion of pros and cons between Robert’s Rules of Order and The Standard Code of Parliamentary Procedure. One comment asked if Robert’s was “archaic and obsolete.” Here’s much of my answer. Read the entire article……………………………….
Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters (NC)
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. Read the entire article……………………………….
7 Ways Boards Can Help Homeowners Follow HOA Rules
There’s a fine line between enforcement of rules and fostering community bonds. Often homeowners will perceive Board Members as being too harsh and unruly when enforcement is too strict or communication is poor. Boards may sometimes become exhausted with having to deal with owners breaking rules repeatedly. When problems arise, and one particular rule/regulation is […]
The Dos and Don’ts When it Comes to HOA Taxes
As the tax season is fast approaching, ensuring that you settle your homeowner’s association taxes is your primary focal point. As a board member, you should tackle your HOA’s taxes, among other financial management roles. Taking care of your HOA’s taxes helps improve its financial stability by avoiding extra penalty costs. The problem is that […]
To Insure or Not to Insure? – Determining the Association’s Insurance Obligations in Townhome Communities (FL)
A frequent area of concern and dispute among owners and board members of townhome communities is the scope and extent of the association’s obligation to obtain and maintain insurance over the townhome property and the individual townhome buildings. Read the entire article……………………………….
Dealing With Disruptive Residents – Empathy & Education vs. Enforcement & Eviction
If you live in, work in, or provide services for a co-op, condo, or HOA, you know that however harmonious a building or association is in general, there is always that one person—or perhaps more than one—who throws a wrench in the works. It could be the guy who seems to take pleasure in disrespecting […]
Conflicts of Interest – Recognize Them Now to Avoid Problems Later
If you live in a condo or a co-op, you most likely have heard the term fiduciary duty, usually in reference to the responsibilities and obligations of board members and management. But what is a fiduciary duty? In essence, it’s a legal relationship between two parties that gives one party the right to act and […]
Questions About Filing Your Association’s Taxes? We’ve Got Answers.
It’s everyone’s favorite time of year again! No, winter is no picnic for those who aren’t fans of cold weather. But the beginning of the year comes with more than just frigid temperatures and a lack of daylight. It also heralds in the menace known as tax season. Let’s face it – filing taxes is […]
Florida Statute Could Strike Down Delayed Collections For HOAs Post-Foreclosure
We know that this headline reads like a Florida-specific issue, but Florida is often used as a guideline for other state laws and courts. For this reason, we think it’s important for homeowners and condo associations in other states to take note. Read the entire article……………………………….
How to Resolve Conflicting Requests for Reasonable Accommodations Under the Federal Fair Housing Act
Handling requests for reasonable accommodations under the federal Fair Housing Act, 42 USC § 3601 et seq. (“FHA”), can be one of the more daunting aspects of serving as a condominium or homeowners association board member. The potential legal risks that are attached with requests for reasonable accommodations, particularly if those requests are denied, are […]
Don’t Let a Burst Pipe Burst Your Bubble (IL)
With Chicago weather at full force, it is inevitable that condominiums, townhome associations and homeowner associations will be confronted with burst pipes and the subsequent damage. As a means of preparation, please review the steps below so you can be ready for when a pipe bursts your bubble. Read the entire article……………………………….
HOA Board Members Beware: How Can Arizona HOAs Deal with Problematic Homeowners
Even seasoned board members can be daunted by the most difficult part of their volunteerism, managing the owners. Many a meeting has fallen to chaos when the Board did not take management initiative. What started as an opportunity to share opinions and ideas became nothing more than an embittered imbroglio of discontent. Read the entire […]