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 […]
Maintenance, Repair and Replacement in HOAs & Condos (Including Hurricane and Casualty) (NC)
Prior to Hurricane Dorian our firm again sent out emergency contact information (emails and cell phone numbers) for all our community association attorneys. The thought behind doing this before significant storms is that in the event of HOA or condo damage, immediate advice may be needed on who is responsible for making and/or paying for necessary repairs. (And, yes, […]
Sustainability and Your Association: 10 Things to Consider
Small scale and community-wide sustainability efforts can have an environmental impact. From simple lightbulb changes to water efficient landscaping, there are many steps an Association can take to reduce their carbon and energy footprint. Performing an energy audit, forming a green committee, and identifying eco-friendly initiatives in capital improvement projects can also foster member engagement […]
Live Long and Prosper in a Health-Conscious Colorado Condo
Around the nation, builders and developers are beginning to experiment on projects that include wellness features – better air filtration, circadian rhythm lighting, furnishings and building materials that don’t off-gas dangerous chemicals, among other things. Read the article……………………….
The revival of condo lobbies — from gathering spaces to refrigerated package drop-off areas (NY)
The goal is to address changes to the way residents live — and to encourage them to stick around rather than simply walking through the lobby on their way to private units Read the article………………………….
A Budget Deficit Is a Recipe for Disaster (NY)
They’re running a deficit, and it’s been growing year by year, so their problems are compounding. Every month they’re paying late fees, and interest is accruing on their late payments. Most recently, they paid their property taxes a couple months late and were charged interest. Because they had a line of credit with their bank, […]
Maintenance, Repair and Replacement in HOAs and Condos (Including Hurricane and Casualty Events) (NC)
Prior to Hurricane Dorian our firm again sent out emergency contact information (emails and cell phone numbers) for all our community association attorneys. The thought behind doing this before significant storms is that in the event of HOA or condo damage, immediate advice may be needed on who is responsible for making and/or paying for […]
Managing Recovery Efforts after a Hurricane
A fter battering the Bahamas as a Category 5 storm, Hurricane Dorian wreaked havoc on the Carolinas bringing heavy rain, strong winds, and leaving more than 200,000 people without power, according to The New York Times. As residents begin to rebuild after Hurricane Dorian, disaster recovery is usually an incremental and extended process. Here are […]
How can I tell if a co-op or condo board member has a conflict of interest—and what can I do about it? (NY)
Co-op and condo board politics can get heated, but actual conflicts of interest are few and far between. “There’s a conflict of interest when, and only when, a board member has a pecuniary interest in the issue on which the board has to decide,” says real estate attorney Ian Brandt, a partner at the Manhattan […]
HOA Homefront: What, where is an “exclusive use common area?”
The typical condominium project consists of three categories of property – the “separate interest” (normally called the “unit”), the common area and a subset of a common area called “exclusive use common area.” Misunderstandings regarding exclusive use area lead to many disputes. Simply put, exclusive use areas are not “your” property, but a part of […]
The Member’s Role in a Community Association
You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of what a community association is all about, please here. So now what? You have automatically become a member of the association within your subdivision. Read the article………………
Dealing with Bullies in your HOA: How to Put a Stop to Destructive Behavior
A thriving HOA board is one comprised of members focused on doing what is best for the association. All it takes for disruption and sometimes, total chaos, is one board member who exhibits bullying behavior toward others. The Merriam Webster dictionary defines bullying as, “to treat someone in a cruel, insulting, threatening, or aggressive fashion.” […]
Management Insider #5 – The Power of the Zero Invoice & Other Tips
In Management Insider #4, we encouraged management companies to provide their managers with tools and support to help them communicate with their clients. This is especially important for newer managers who may not have had the opportunity to grow their emotional intelligence or general business acumen at this point in their careers. Read the article………………