Hiring a new managing agent is one of the most consequential and far-reaching decisions most co-op and condo boards ever make. It’s no time for guesswork. “The right managing agent can bring a sense of stability to the building, reduce the workload of the board, and reduce the financial risks,” Read the article………………………………..
Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative (FL)
We start with a question that is asked by every licensed community association manager, every director elected to a board, and most of the members in any given condominium or homeowners association across the state – what does it take to amend our association’s governing documents? Read the article………………………..
Get a Reserve Study of Your Condos and HOAs For a Better Budget (FL)
Do you find that your Association constantly has unexpected repair or replacement costs that you don’t have money budgeted for? If so, it may be a good idea for your Board to look into having a reserve study done for your community. Read the article……………………………
Preparing to Navigate the Claims Process by Understanding What Is Expected
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even […]
Community Association Boards Completely Overlook the Significance of Who Is Serving as the Association’s Registered Agent (FL)
Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association. Read the article………………………………
Solving The Poop Problem with Dog Owners in your HOA: 7 Things to Try
Are you having a problem with community members not following along with HOA guidelines when taking care of dog poop? More than 10.6 million pounds of dog waste is produced every year in the United States. When dog waste isn’t properly cleaned up, it can leave a stench and a mess. Read the article……………………………
HOA Lifeguard: Is It A Necessity Or Liability? (NC)
When it comes to HOA pool safety, a common question often comes to mind: “Is having an HOA lifeguard necessary?” The answer, unfortunately, isn’t as simple as yes or no. There are many things to consider when making a decision. Read the article…………………………..
10 Tips for HOA Insurance
When you research insurance as a homeowner, your decision only impacts you and your family. However, when you research insurance as a board member, it impacts all your neighbors and their families. Read the article………………………………
HOA Emergency Preparedness Plan: How To Plan For Emergencies (OH)
Emergencies and natural disasters can happen at any time, which is why it is important for every HOA to come up with a plan addressing them. Creating an HOA emergency preparedness plan is not always easy, though, especially if you don’t know where to start. Read the article…………………………….
Is Running An HOA Home Business Allowed?
Every homeowners association is different, but most will run into the same basic problems. One such problem has to do with running an HOA home business. More specifically, should the association allow it? Read the article…………………………..
HOA Meetings That Soar!
Holding successful homeowner association meetings takes thought, creativity, advance planning and funding. Too many scramble to cobble together this important event — with mediocre results. Few show up and the numbers fall short of the quorum requirements. This doesn’t need to happen. Just think what you can accomplish at this important event: Read the article…………………………….
Two-Alarm Fire Breaks Out At Condo Complex In Westchester (NY)
Four families were displaced from a Westchester condominium complex when a two-alarm fire broke out overnight, leaving the building with extensive damage. Read the article……………………………….
How To in HOA – Community Rule Enforcement
Often malaligned, Community Associations are usually in place to help protect the value of homes in their community. Many HOA board members are interested in serving their community to the best of their ability and know that without enforcing the rules and regulations set forth for the community, including CC&R’s, bylaws, and other governing documents […]
Communicating In A Crisis: Part 2 – The Content Of Communication Pieces And How To Avoid Creating Further Issues (NC)
In Part 1 of Communicating in a Crisis, we discussed ways community association board members can define a crisis, how they should prepare crisis communications, who should put forth these communications and by what means they should be distributed. With those topics covered, we now must move on to perhaps the most important part of […]
HOA Neighborhood Driving
Owning of a home in an HOA neighborhood requires an understanding that along with enjoying the community amenities and the benefits of common area maintenance, residents are obligated to be responsible community citizens. For example, responsible driving, whether in an age-restricted retirement community or community of various ages, is necessary and should be communicated. Responsible […]
10 Best Practices for Virtual Meetings in Community Associations
Virtual meetings have recently become an extremely popular and necessary topic of discussion within condominium, homeowner, and townhome community associations. Because in-person board meetings are such familiar territory, breaking with tradition and holding a virtual meeting will require advance preparation. To effectively and efficiently address community business, meeting facilitators must be organized and participants (board […]
What Are Special Assessments, and Can They be Enforced?
If you’ve ever lived in an HOA, you’re most likely familiar with the term ‘special assessment,’ or have at least heard the term in passing. There are two types of assessments associated with homeowners’ associations: regular and special. Read the article……………………………..
Virtual Meetings: Easier to Reach Quorum (AZ)
Arizona law requires associations to hold an annual meeting each year. Due to the COVID-19 pandemic, holding an annual meeting in person this year has not been an option for many associations and our firm has not advised in person meetings since around March 2020. Our firm is currently recommending that our clients hold their […]
Your HOA Board Responsibility for Housing Discrimination
The Fair Housing Act, also known as Title VII of the Civil Rights Act is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide services and […]
Why Condominium Associations Should Consider Risk Management and Financing with Caution
Insurance for a condominium association is designed to finance the insurable exposures for the association. These exposures include the property and several liability exposures, including what would be covered by a commercial general liability policy, directors and officers liability policy, and potentially other liability policies. Read the article………………………………..
How to Deal with Pool Slips in Your HOA or Condo
Q: We’ve had a number of slip-and-falls in our pool area. What can we do to reduce these types of incidents? Should we increase our insurance coverage? Read the Q&A………………………………
Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards (NC)
Nearly 30 percent of North Carolina’s population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community associations is pervasive, and that confusion extends to the understanding about the actual duties of the volunteer directors who serve their community […]
Follow these 4 Critical Steps Before You Make a Payment Plan for Assessment Collections
Often in life, things do not go to plan and people will fall behind in their financial obligations. Even the best-intentioned owner in an HOA or Condo can fall short and not be able to pay their maintenance fees. Before the association goes full-throttle records a lien and files for foreclosure, it’s always a good […]
Communicating With Homeowners in Collections
Do you ever hear from upset owners that have been referred to collections? We deal with our fair share of upset owners and we know from experience that sometimes these owners will reach out to their management company or board of directors. In fact, we have noticed an increase in homeowners doing this over the […]
Don’t Forget Reserves! (FL)
As budgeting season approaches, community associations must once again grapple with the continuing issues of reserves. Under ordinary circumstances, reserve funding increases the amount owners need to contribute to the association every month, since reserves are required above and beyond the association’s operating expenses. In light of the recent economic changes, reserves may be something […]
7 Ways of Helping Aging Owners in Your Community Association
Most times people above the age of 65 usually leave their homes and move into assisted living facilities. However, that trend is slowing down and more and more elderly people choose to age while still in their homes. This poses a new challenge to homeowners and condo associations everywhere. Read the article…………………………
Is Recording HOA Board Meetings Legal? (NC)
With almost everyone owning a smartphone, it doesn’t take much to record HOA board meetings. The question is: Is it legal to do so? There is no straightforward answer. It will depend on the HOA’s board and governing documents, as well as state laws. To gain a better understanding, here’s what you need to know […]
What is a Construction Defect and How Can it Be Avoided?
Most homeowners, contractors, and association management companies don’t like to hear the term construction defect—and why should they? A construction defect is a deficiency in the design or construction of a building or structure. It can result from failure to construct or design in accordance with an expectation. In turn, it can cause loss of […]
Four Benefits of Virtual Meetings in Community Associations (IL)
Condominium, homeowners, and townhome community associations typically schedule in-person meetings to address association business. However, board members and property managers have begun utilizing tele-conferencing technology to conduct virtual meetings. Read the article……………………………
Conflicts of Interest in HOA Boards
A conflict of interest can range from problematic to disastrous for a homeowner association board. HOA board members should be impartial representatives of their communities who make decisions with the entire association’s wellbeing in mind. A conflict of interest will interfere with these duties and can lead to severe consequences if not dealt with in […]
Who Pays For What In A Condominium Water Leak Situation? (CO)
One of the most difficult questions posed to a condominium association board is: Who is responsible for damage caused by a water leak? For example: water comes through the roof, intrudes into and damages upper condo unit #1, passes through and damages the common element walls and floors along the way, then ends up in, […]
What Are Capital Improvements? Should HOA Fund Them?
What is capital improvement? How is it different from maintenance and repairs? These are two very common questions asked by homeowners. To understand where part of your monthly association dues goes, here’s what you need to know about capital improvements. Read the article……………………………
Additional Insured
Earlier this month, one of our insured communities had an interesting experience. They hired a contractor to do some fence repairs, and in the process of fixing said fence, the crew hit an irrigation line. This caused a considerable leak and one of the units suffered water damage. Read the article……………………………..
Your HOA Got Served: Now What?
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. Read the article………………………………
6 HOA Board Member Best Practices
As the elected members tasked with making decisions that affect the whole community and all owners, it is imperative that every HOA board is fully conversant with the fundamental rules that facilitate effective leadership. Typically, a board is responsible for solving disagreements, managing finances, and generally enforcing rules that seek to make the community a […]
RVs and HOAs
Recreational vehicles (RVs) are loved by many people who enjoy travelling and exploring. They provide temporary accommodations on long road trips or camping expeditions. Retirees may even use their RV to travel from their winter home to their summer home. However, RVs can be a point of contention in HOA communities. Read the article………………………………
Contractors using Subcontractors and Your Community Liability
It’s inevitable: at some point, a community association needs to hire a contractor. Some need their contractors for standard maintenance, others hire help for repair after an emergency or national disaster; but no matter why your HOA is looking into hiring a contractor, you should know that they don’t always work alone. Contractors oftentimes hire […]
Disaster Planning Beyond Hurricanes (FL)
Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes or even activeshooter scenarios. Read the article………………………………..
Condo/HOA Collections 101: Underwriting in HOA Collections
Underwriting in the collections field is creating a profile of property with delinquent assessments, and the owner of the property. Knowing the property’s profile, including the amount owed to the community association, and its legal status is critical. Not having the fact pattern can impede a collections effort. Importantly the aspect of underwriting centered around […]
What to Do with HOA Operating Surplus Funds
Even with their many expenses, an HOA board may reach the end of the year and discover they have an operating funds surplus. This occurs when all revenue or receipts, which may include rents, assessments, or profits obtained by the association, exceed the common expenses. Read the article……………………………
Tips To Reduce HOA Violations
No one likes homeowner association (HOA) violations. Board members don’t like to see people break the rules, residents don’t like being penalized, and HOA managers don’t like to play the role of the enforcer. But HOA rules are important for the overall success of the community. Many HOA rules cover noise, parking, holiday decorations, landscaping, […]
Fire causes heavy damage, displaces dozens at Ridge View II Condominiums Sunday morning (MD)
Firefighters arrived to find heavy fire in the third floor and roof area of a three-story condominium building at 2507 Shelley Circle in Ridge View II Condominiums off Rocky Springs Road shortly before 5:00 a.m. Sunday morning. Arriving firefighters quickly called for a second alarm to battle the heavy fire. As many as 50 occupants […]
Condo Insurance
Condo insurance works in much the same way as a homeowners policy. If a covered loss damages your condominium, a condo policy can help pay to repair elements like drywall and cabinets and replace belongings such as clothing and furniture. Read the article………………………………..
Does My Association Include Fully Funded Reserves in Its Proposed Budget? (FL)
With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the proposed […]
How to Change Your HOA Bylaws
Community associations are legal entities governed by bylaws and codes, covenants, and restrictions (also known as CC&Rs), which are enforced by an elected board of directors. It is the board’s responsibility to conduct regular reviews of these regulations within their governing documents. Read the article…………………………….
5 Steps for Proactively Working Together as a Board
As a member of your HOA’s Board of Directors, you’re accustomed to listening to homeowners’ concerns and resolving them to the best of your abilities. Skills such as this, as well as other skills, allow you to work productively alongside your fellow board members in all aspects of the role! Read the article………………………….
Charging hundreds of EVs parked at a condo is a solvable problem, here’s how
Skeptics like to point out that most EV drivers live in single-family homes that make charging easy. And they point to the current lack of charging stations at condos as an impenetrable obstacle to EV adoption. But this viewpoint reflects a lack of understanding of how daily EV charging works. Read the article…………………………….