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 […]
Americans With Disabilities Act (“ADA”) Accessibility for Websites
It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities. One of the only cases to address this situation is Dunn v. Phoenix West II, LLC, et al., 2016 WL […]
The (Tree) Root of the Problem: Who is Responsible when Tree Roots and Branches Cause Damage? (FL)
They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out a […]
Being Proactive with HOA Budget
Money plays a key role in both our professional and personal lives. When people look at organizations from an outside perspective, usually only the most visible financial attributes can be seen, such as who the vendors are, the state of their landscaping, and what social activities are hosted. However, these factors are not a true […]
Who is Responsible for Repairs and Maintenance? (NC)
Homeowners often have differing views of their individual homeowner’s associations (HOA). One thing everyone can typically agree on is that one of the primary responsibilities of an HOA is to maintain common areas throughout a neighborhood or development. If a storm trashes a playground, pool or clubhouse, walking trails or pond, the HOA and its […]
What are the Features of an HOA or Condo Website?
Is it necessary to create an HOA Website? This is a question that many homeowners in different communities ask frequently. I believe you would agree with me that it’s quite difficult managing your homeowner association effectively, a HOA or Condo website can help streamline many of the tasks. Read the article………………………..
Code of Conduct for HOA Board Members
HOA board positions are filled by volunteers – well-meaning community members who are invested in the continued success of their community. But even the most well-intentioned board members often lack the experience and training needed to run a community, and it’s not uncommon for personal beliefs or misguided actions to cause problems. A solid code […]
Alterations to Common Elements: When do you Need a Membership Vote?
Updating and altering common areas of the building is often necessary to keep your property or neighborhood up-to-date. Old paint schemes need to be refreshed, furniture needs to be replaced, and landscaping needs to be redone. Read the article………………………
Who is Responsible for a Limited Common Element?
The sidewalk, the road, the park bench, the elevator, the streetlights, and more belong to and benefit everyone in a homeowners association. These common areas or common elements are shared property maintained by the association and enjoyed and used by all residents. The money for repairing and replacing these elements comes from the community’s operating […]
Pleasant Pastime or Privacy Peril? Piloting Drones in HOA Communities
Within the past decade or so, millions of Americans have purchased and piloted unmanned aircraft – better known as “drones.” Though initially only used by the military, drones are now enjoyed by amateur enthusiasts around the country. And new commercial applications seem to emerge every day. Indeed, an FAA license to operate drones in commercial […]
The 5 Most Commonly Asked Questions Regarding Association Group Property Tax Appeals (IL)
This year, property owners all over Chicagoland are receiving notices from the County Assessor indicating their property’s new assessment. While all property owners should consider appealing their new assessment to lower their future property taxes, you should consider filing your tax appeal as a group if you live in a condominium, townhome or homeowner association. […]
Sometimes, All It Takes Is a Town Hall Meeting (NY)
Is it true that most people who live in co-ops and condos have no idea what their boards do? It’s 100 percent true. I find it amazing that most shareholders and unit-owners really don’t know what their boards do, how they do it, what their roles and responsibilities are, the roles of the managing agent […]
How Communities Can Rebuild after a Flood
Tropical storm Imelda battered much of Southeast Texas with heavy rains. More than 40 inches of rain fell in just over 72 hours in Jefferson County, which is 80 miles east of Houston along the coast, according to the National Weather Service, making it the seventh wettest tropical cyclone in U.S. history. The storm left […]
New Short-term Rental Trends in Community Associations
Less than a decade ago, CAI began tracking rental legislation impacting community associations. At that time, only a handful of states were legislatively addressing the issue. Fast forward to 2019, CAI is tracking 79 rental related bills in 29 different states impacting community associations. New trends in short-term rentals are surfacing as community associations navigate […]
Don’t Just Trim the Trees — Managing Your HOA’s Urban Forest
Whether you’re the manager of a four-plex with 2 trees, or the on-site manager of a master planned community with 10,000 of them (yes, we have those in SoCal), you my friend are responsible for managing an urban forest (add that to your business card!). Read the article………………………
Vendor Bid-Outs: A Guide to Choosing the Right Vendor for Your HOA
Whether it be for a single task or an ongoing project, selecting a vendor to perform work for your association can be a daunting process, but it doesn’t have to be. In selecting a vendor, it is important to consider various factors such as dependability, liability, cost-to-quality ratio, reviews, and expertise. Fortunately for SpectrumAM customers, […]
Association Documents, Policies and Business Systems Need Regular Maintenance Too
The temperatures are still screaming summer, but the calendar is whispering that fall is near. And for condominium boards and managers, that means it’s time to bring out the fall maintenance checklist to make sure the community’s buildings, operating systems and grounds are ready for the cold weather to come. But buildings and grounds aren’t […]
6 Things Your HOA Needs to Know About Biometric Technology
Biometric technology is steadily growing in popularity in many areas, including many HOAs. This technology offers a number of advantages, including the ability to more tightly control access to common areas in your community. Unfortunately, biometric technology also comes with a number of challenges, including the fact that not every member of your community is […]
How To Handle Bullies On Your HOA Board
A homeowner’s association (HOA) can accomplish great things with the right people sitting on the board. However, bullies can often be the clog that hinders a well-oiled machine from performing effectively. A board bully can be annoying. They often belittle other members’ proposals and forcefully push their own. If you are reading this, there is […]
How to Deal with HOA Delinquency
Since association boards have a fiduciary duty to ensure that assessments are levied and collected, the best thing a community can do to avoid serious financial issues related to assessment delinquencies is to be—and stay—proactive. A formal collection policy is the first step in being proactive. Read the article………………………….
A Simple Trick to Get a Quorum at Every Board Meeting (NY)
Co-op and condo boards have to meet once a month, but people are busy. How do you get everybody in a room together once a month? In the old days, it was always a big problem because people’s schedules conflicted, and it was very hard to get dates that worked for everybody. What we have […]
Adding Electronic Voting for Your HOA
Does your HOA struggle with resident involvement in HOA elections and other various meetings and votes? A new method of voting is on the rise throughout the country, and it may just be the answer to your board’s struggle. Two words: electronic voting. Read the article……………………….
What’s in Your Board Member Toolbox?
Serving as a board member of a homeowners association (HOA) can be an incredibly valuable and rewarding experience. That said, it is serious business as there are of responsibilities associated with protecting a community’s assets and making it a great place to live. Read the article…………………………
Where Should an HOA Board Begin with a Capital Project ?
A capital project is a specific plan for making improvements or adding new features to common areas in your HOA. The decision to proceed with a large project is a commitment to the extra time and funds required to get the job done. For board members, tackling a large scale project is often a daunting […]
Tips to Manage Bad Neighbor Behavior
One of the homeowners in our community is being a nuisance to his neighbors, and we’re not sure how to curtail his behavior. According to the complaints we’ve received, this owner has damaged a neighbor’s car, played loud music at night, and threatened to retaliate against owners who complain about him. How can we help […]
Senior Communities and HOAs
Baby Boomers account for nearly a quarter of the population in the United States, and the demand for homes within retirement communities is steadily on the rise. Senior living communities are typically marketed to those 55 years or older and appeal to older adults who are looking to live near others in the same stage […]
When to Start Your Community Association Paving Project
Before starting on a community association paving project, it is important to understand what the various asphalt services are, as well as when and why you should apply them. Understanding this will save you money and ensure that your homeowners are happy and the curb value of your community remains high. Read the article……………………….