In 2015, the developer behind Brickell House, a 46-story condo tower in Miami’s financial district made the news as a brand new $16 million robotic car garage that was supposed to retrieve cars in under ten minutes went haywire and became inoperable. Condo owners were forced to find new places to park and they responded […]
The Massive Challenges of a Massive, Self-Managed Condo (NY)
By the close of her first year on the board of managers of the sprawling 1,500-unit Leisure Village condo association in Ridge, Long Island, Carole Leonard had made some unsettling discoveries. The community manager had advised a contractor what to bid on a job. He had returned some building supplies and pocketed the cash. And […]
5 Signs It’s Time to Change HOA Management Companies
Switching your management company may seem like a lot of work, but the success of your HOA is worth it. When the association/management company relationship is working well, it makes life easier for everyone involved. On the other hand, when the relationship is faltering, it can create problems when trying to achieve even the smallest […]
How to Protect Your Community Association from a Lawsuit
Facing litigation from an HOA member is something all board of directors must take seriously. From pet issues to issues involving discrimination, knowing how to handle the situation is best left to a qualified attorney and a professional community association management team. Navigating real estate and other types of associated laws is something most volunteer […]
How Co-op and Condo Boards Can Prepare for the Next Disaster (NY)
Emergencies come in all shapes and sizes, and preparing for them seems daunting. It’s a big deal. The goal of emergency preparedness is to get a building back up and running as quickly as possible, to minimize any damage to the building, and ensure the safety and security of all the residents and building staff. […]
Removal of an Officer vs. Removal of a Board Member of a Community Association (NC/SC)
Removal issues are almost always sensitive and highly charged emotional issues. It is important that the of directors follows the required process correctly and seeks legal guidance when necessary. If your board directors has questions regarding removal of an officer or removal of a board member, please contact one of our community association attorneys here at […]
Condo Water Riser Repair: Why Is It So Expensive?
Nothing is quite as unsettling as water pouring through your ceiling. Where is it coming from? How much is there? And how can you get it to stop? For condo owners and their management teams, plumbing issues are even more complex. Sharing walls and ceilings with other tenants makes the problem more difficult to solve. […]
Tips to Find the Right Reserve Study Firm
Reserve studies are reports about the condition and likely useful life of all the major components in your building or community. In a high-rise, major components include garage gates and access systems, elevators, trash compactors, and boilers; in a homeowners association, they might include the gate system, pool pumps and clubhouse HVAC system. Read […]
Maintaining Proper Records: Keeping a Digital Paper Trail (NY)
It is essential that a community association keep careful records of its financials, rules, and meeting minutes, just to name a few of the kinds of records boards and managers must stay on top of. Not solely because the law often requires it – although of course that’s important – but because an association that […]
Handling HOA Trespassing
Do members or representatives of the HOA have permission to enter into, or onto, a homeowner’s property? The short answer is, technically, yes. However, although there are times when, legally, the HOA can get authorization to enter a homeowner’s property, you may want to think twice before doing so! In many cases, the risks may […]
Top 13 Budgeting Mistakes Self-Managed Boards Make
Planning the right budget for the community is crucial in making sure the homeowner’s association is not underfunded. However, when the HOA is run by a self-managed board who are not financial experts, financial issues may unfold. Poor budget planning can cause serious conflicts between the HOA board members and homeowners, which is the last […]
Keeping It Civil: How a Civility Resolution Can Help Your Community (GA)
Disputes between owners and board members in community associations are nothing new. It’s likely that, at some point, your Board of Directors has experienced or will experience an uncivil encounter with an owner, whether in the community, at an Association meeting, or even on social media. Most of these situations are isolated passing incidents, but […]
Community Associations and Registered Agents (NC)
North Carolina nonprofit corporations are required to maintain a registered office and registered agent pursuant to § N.C.G.S. 55A-5-01. However, many board members, and some association managers, may not fully understand the purpose and duties of the registered agent. Read the article………………………
Safe and Fun Halloween Tips for Your Community Association
It won’t be long before Halloween decorations will be everywhere. It’s a lot of fun to decorate for Halloween, but when you’re a part of a community association or HOA, it can make it tricky. You certainly don’t want to break any rules, but you should be able to celebrate the holiday as well. The […]
Contracting for Faster and Less Expensive Dispute Resolution (FL)
Disputes are a fact of life on construction projects. There are just too many variables, unknowns and unpredictable things that can occur during the course of a project that can lead to disagreements and disputes, particularly when significant dollars are at stake. However, as many in the construction industry know, or come to find out, […]
What Every Board Member Should Know About Financial Reports
Managing and overseeing an association’s finances is one of the board’s most important responsibilities. To successfully fulfill this duty and sustain the financial well-being of your community, you must understand financial reports and their importance to the success of your association. Read on to learn everything you need to know about financial reports. Read the […]
Are HOAs Required to Translate Board Meetings?
A homeowners association is not required to use common funds to provide a translator during meetings unless the governing documents, as originally created or as amended, place that responsibility on the board. In fact, the use of common funds is constrained by both the pertinent statutes and the definition of common expenses in the governing […]
A Change of Venue Can Lower the Temperature at the Annual Meeting (NY)
Many co-ops and condos have trouble getting a quorum at their annual meeting to elect a new board. That is true. But sometimes there’s so much interest that the situation becomes volatile. What do you, as a manager, do in such cases? Read the article………………………..
Regulating Short-term Rentals in Your Colorado Community
Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days. Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]
The Hierarchy of HOA Governing Documents
Any homeowners association board member understands the overwhelming amount of documentation that is involved with operating an HOA. The governing documents of the association can be dense and multiple and sometimes their hierarchy can be confusing. Which document takes precedence over another? Read the article……………………..
Co-op and Condo Boards’ Fiduciary Duty Is to All Residents (NY)
Subletting is an attractive option, particularly in condos, so how can it get out of hand? It’s the board’s financial responsibility not to saturate the building with sublets. Once the building hits a certain level, lenders will not lend in that property. If it goes over 50 percent, Fannie Mae and Freddie Mac for sure […]
Community Association Board Mistakes: How to Avoid Them
Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few […]
Should Your Condo Association Adopt Online Voting? (FL)
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will […]
Tips for Fixing Aging Fences
Fences provide privacy, boost safety and security, and can add just the right aesthetic touch to the landscape. But they also require maintenance, repair, and replacement. Fencing can be an ongoing problem for all associations, especially as communities age. Read the article………………………….
Why Maintenance Tracking is Beneficial to HOAs
Homeowner Association property management can be a daunting task; however, there are ways to make it easier. One of the most efficient ways to make managing an HOA easier is to add maintenance tracking to your program of maintenance. The reason why maintenance tracking is efficient for HOAs is that maintenance tracking allows you to […]
Does a Condominium Association have to make reasonable modifications to accommodate a person with disabilities? (FL)
If a Unit Owner who suffers from a disability which impairs mobility requests the installation of a ramp on the common elements, or some other structural modification to permit him/her the beneficial use and enjoyment of the property, is the Association obligated to comply Read the article……………………..
Snow is a Four-Letter Word (CO)
Looks like snow is coming this Thursday. Yet I am still running around in shorts and sandals, and I definitely have not checked my tires yet!! With winter conditions right around the corner, it’s time for associations to review their snow removal contracts. So what should be included in these contracts? Below is a checklist […]
Common courtesy: How to promote civility in community associations
Raised voices, reddened faces, and angry gestures. You might think you are watching a congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms—from rudeness and disruptive behavior at meetings to more […]
Condo Association Budget Season Tips: How to Cut Costs and Increase Your Reserves
One of the most important duties of the community association treasurer is to take the lead on reviewing and approving the annual budget. This annual duty is quite possibly the most important function of the treasurer. Typically, the draft recommended budget is initially prepared by the management company and then it is provided to the […]
Transition Gets a New Condominium Community Off to a Good Start ? Or Not
Life is full of transitions. In the life of a community association, the most important transition by far is the one that transfers control of the community ? and responsibility for it ? from the developer to the owners. A successful transition will set the community firmly on the path to self-governance and financial health. […]
Surveillance Cameras and HOAs: What residents need to know
Q: Read the article……………………….Our board refuses to circulate images captured on surveillance cameras of trespassers who hop locked pedestrian gates or tailgate cars to get into the garage. Many of us want these images in case we see the intruders or their vehicles in the future. Can the board appoint a volunteer committee of residents […]
Passing the torch: Why succession planning is essential for community association professionals
Do you know what happens to your company once you’re no longer able to work? Have you determined who will take charge after you’re gone? For any business today, the importance of having a succession plan is critical for a company’s long-term success. Read the article…………………………
You Get What You Pay For – Assistance Animal Application Packages
The complaint heard often from condominium and HOA board members is in regard to the influx of assistance animals in their “no pet” or pet restricted communities. Few other topics within the body of community association law cause more consternation then the application of the Federal, State and local Fair Housing laws. In fact, one […]
CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws? (MI)
Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes. Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan. As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana […]
Rental Restrictions in an HOA Community
Although a person owns their home and can do (more or less) what they want with the inside, if they live in an HOA, the association can actually place limits on the homeowner’s ability to rent their home. Though it may seem that such limits are restrictive, they actually serve to protect the integrity of […]
Tree Removal Policies in an HOA Community
Planting trees is a natural, easy way to beautify the landscape of any community. Shared common areas and privately-owned properties within an HOA are often dotted with trees of varying shapes and sizes, and the effect is, for the most part, appreciated by all who live there. However, it’s not uncommon that, for one reason […]
Should an Announcement of Election Results Include Votes by Candidate?
This question was recently asked on a national HOA/condo list serve: “In a board of directors election, should the vote totals by candidate be announced?” Without question, the answer of how election results are announced could vary by state, depending on state statutes. If a statute provides a specific process for elections, that process should […]
Vacation Rentals – What can you do to maintain your association’s right to restrict short-term rentals? (FL)
Unregulated, commercial short-term rental operators are threatening Florida community associations by spending millions of dollars to push for legislation that would force short term rentals into neighborhoods in violation of adopted deed restrictions meant to protect the rights and home values of the homeowners. Read the article……………………….
It’s Budget Season! Revisiting a Board’s Fiduciary Duties to the Association
If the nights are getting chillier, the leaves are beginning to change color, and kids have gone back to school, what season is it? Fall? Nope. It’s budget season! Since most associations’ fiscal year coincides with the calendar year, many associations are in the throes of planning and budgeting for the upcoming year. Read the […]
Can an Association Create and Enforce Rules that Only Apply to Children? (CA)
Asked – Our Association is seeking legal guidance regarding children playing in the common areas and driveways. Several homeowners have complained about the number of children playing without supervision. Drivers report their concern for the children’s safety as there have been several reports of children almost hurt. The Board would like to know if they […]
10 Signs You’re Cut Out for the HOA Board
Board members are elected officials who are responsible for an association’s affairs and running the community. This responsibility isn’t a small matter, and the board of directors can make the difference between the community’s success or failure. The following are 10 signs that you’re cut out to be the newest member of your HOA board. […]
What is a Quorum and Why is it Important to an HOA Board?
Many associations schedule their annual homeowners meeting in October and there will be talk of making a quorum, but what does that really mean? Read the article………………
Three Easy Pieces of Advice That Lead to Good Governance (NY)
Everyone talks about good governance, but when it comes to co-ops and condos, what does that actually mean? We break it down into three sections. There’s the fiduciary part, meaning that the board should always put the co-op or condo’s best interests before anybody else’s, including their own. Second is the actual operation of the […]
Adapting to Short-Term Rentals: What You Need to Know About Restrictions (FL)
Last month, our CUP touched on the fact that in the City of Miami Beach, illegal rentals might mean jail time. The problem, however, is not limited to beach front condominiums. Many single family home and townhome communities are facing similar issues. These homeowner associations, struggling with short term rental issues, want rental policies that […]
Adding on: Homeowners building more accessory dwelling units
Twenty percent of homeowners who undertook remodeling projects in the past year did so to convert an existing space in their house into an accessory dwelling unit (ADU), while about 18% created an ADU by building an addition, the National Association of Home Builders (NAHB) finds in its first-quarter 2019 Remodeling Market Index survey. Read […]