We have a pre-war building on the Upper West Side that needed facade repairs for Local Law 11. We did our site visits and noted that there was a fair amount of cracking at the building corners. In buildings from this era, that indicates deterioration of the structural steel behind the corners, behind the masonry. […]
How to Handle Board Member Bullies
Some board members ought to come with mute buttons or protective gear for the rest of the board. They are the bullies. While most board members find ways to work together and settle agreements in a civil fashion, a few offer discord and intimidation. Bullies come in all varieties: the Get-a-Life types, the Intimidators, the […]
Burst Sewer Pipes, Condos, and Coverage
An interesting question came in to the Academy of Insurance recently, edited below for space and to avoid disclosing any identifiable details. “I live in a condo building. A sewage pipe burst, causing damage to my unit and a few other units. An adjuster came out representing the association’s policy and said that the association’s […]
Combatting Kickbacks Spotting and Stopping Fraud in Your Community (NY)
Running a community association can be – and often is – stressful enough without the added issue of people in a position of power in the community using that position for personal gain in the form of kickbacks. Whether the offender is a superintendent, manager or board member, skirting the rules around bidding out projects, […]
What is Texas Open Meeting Law?
The Texas Open Meetings Act states that governmental bodies must hold open meetings unless there is an authorized reason for an executive, or closed, session. This is to keep government transparent and accountable, and to ensure public business shall be conducted responsibly. Read the article………………
Building the Association Budget: Fundamentals, Hard Work & Guts – Part 3 (Components of a Great Budget)
We’ve established the purpose of a community association budget. We’ve learned the benefits of applying sound methodology Now we are ready to dive into the nitty gritty. Budget formats can vary significantly. Their contents depend on the complexity of the property. A 300-unit condominium association with a central HVAC plant and staff will have a […]
What to Know About HOA Rules, Regulations and Compliance (NC)
Homeowners associations (HOAs) provide many benefits to residents, from managing amenities to maintaining common areas and enforcing the association’s rules and regulations. Homeowner compliance with the HOA rules and regulations and covenants, when consistently enforced, help provide uniformity and aesthetically pleasing communities. Read the article………………
Management of Negligence and Premises Liability Claims (CO)
Our clients frequently ask about the community’s potential legal liability for conditions and activities in the common areas or for claims asserting negligence. This article summarizes those legal standards and some of the considerations and criteria which may affect a community’s responsibility. The legal standards based on premises liability and general negligence concepts are well-settled […]
Condo column: Is a board-appointed committee the right way to delegate renovation work? (FL)
Q: We are preparing for a major renovation and the board has appointed a committee to make recommendations to the board. The committee is determined to be independent and is not communicating well with the board and we have discovered that the committee improperly ordered architectural drawings without the board’s approval. Is a committee the […]
Community Association Keys to Financial Success
Pretty much every community association starts out financially sound. The common areas, amenities and building are shiny and new, and the developer maintains everything. Then the developer turns over the community to the residents, time passes, board members come and go, and the community starts to age. The real challenge is to maintain that financial […]
The Most Common HOA Board Mistakes and How to Avoid Them
Joining your HOA board is a great way to take more responsibility. However, many new HOA board members will make mistakes, ranging from minor to serious. The board itself often runs into errors, especially in areas such as rule enforcement. Here are some of the most common HOA board mistakes and some things you can […]
Walking the “Fine Line”: Imposing Fines in Your HOA
If you enjoy making your homeowners mad, you should definitely fine them. Levying them with extra costs is the ideal way to irritate, frustrate, and generate hate for the HOA throughout your community. And it’s not just the homeowners you fine that’ll be mad — no sir. Homeowners talk to each other. They talk about […]
Minimize the Legal Risks of Association Meeting Minutes (VA)
Associations need to pay close attention to the format and content of the minutes of all Association meetings. This guidance applies to minutes of regular meetings, special meetings and closed executive sessions of the Board, all committee meetings, as well as an Association’s annual membership meeting. Read the article………………
Building the Association Budget: Fundamentals, Hard Work & Guts – Part 2 (The Method)
In the first blog in this series, we covered the basics. A focal point of that piece was clarifying the real goal of a budget. It’s worth repeating: The purpose of the budget is to create a reasonable plan to finance the operation of a community association in accordance with the realities of property condition […]
Navigating the Hidden Risks of Homeowner Security Devices
As security technology becomes less expensive and more accessible to average consumers, homeowners are provided with an exponential increase in available options for exterior security devices. A cursory Amazon search reveals hundreds of such devices including motion sensor lights and home camera offerings that can be accessed remotely from the convenience of one’s smart phone. […]
Abraham Lincoln, President of – the Community Association?
President of the Neighborhood Homeowners Association. President of the Condominium. The President of the United States of America. One of these things is not like the other. Or is it? The title is the same. The election process and democratic nature are…. similar? Perhaps there is something to be learned from what makes a successful […]
Feeding the Wildlife. Why It Is A Problem?
It may seem arbitrary, but many community associations institute a policy against bird feeders, or any outdoor animal feeding, but there reasoning is sound. There are many reasons why feeding the stray animals in your neighborhood could be a bad move, not only for your community but for the animals as well. Read the […]
Steps to Becoming a 55 and Older Community
Federal and state fair housing laws prohibit community associations from discriminating against occupants on the basis of “familial status.” Familial status is defined as one or more persons 18 years of age or younger who live with a parent or legal guardian. The community association’s rules and restrictions therefore cannot single out children for different […]
Short-Term Rentals: Are They Helping or Hurting Your HOA? (CA)
Online short-term rental brokers (think AirBnB, VRBO and HomeAway) are here to stay. While the new sharing economy has opened up lots of opportunities for homeowners to generate additional income, these peer-to-peer business models can create headaches for homeowners associations. This is an issue that many San Diego, Inland Empire and Orange County HOA management […]
What is HOA Involvement on Encroachment?
Encroachment is a word you may hear pop up during board discussions, but what is it exactly? Essentially, encroachment means going onto someone else’s property without their permission. This is most often seen in HOA communities in the form of a person’s garden, fence, patio, or other additions crossing their property line, no matter how […]
Tips for Handling Vehicles with Advertisements
Regulating parking in any community is complicated. First, parking priorities will vary widely depending on the type of community, whether urban or rural, condominium or homeowners association, whether the development offers plentiful parking or has limited spaces, and whether the roads are public or private. Read the article……………………..
Avoid violating these 9 homeowners association rules that could cost you
When you’re on the hunt for a new place, you’ll notice that some homes are in a community with a homeowners association, or HOA. Some folks think of HOAs as over-reaching neighborhood patrols, while others believe the rules protect and enhance property values. Read the article………………………..
Guidelines for Removing Debris in Community Associations with Private Roads
Hurricane season is here. Now is the time for your community to take steps to ensure debris removal in your community is eligible for Federal Emergency Management Agency (FEMA) funding. As your community association braces for hurricanes, wildfires, and other natural disasters, there are steps you should take now to increase the possibility of getting […]
Preventing Fraud and Embezzlement in Your HOA
Associations fall victim to theft and embezzlement too frequently. Know the warning signs and institute preventive measures before your community is left with a difficult recovery. HOA boards should consider implementing the following practices and procedures to safeguard association funds. Read the article……………………………..
Solar Panels & HOAs – Can They Be Restricted? (FL)
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar collectors, […]
What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads (FL)
Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, giving them access through your subdivision to a point of entry on a public road. […]
Sea Level Rise: Forewarned is Forearmed (FL)
We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning. Read the article………………………
Building the Association Budget: Fundamentals, Hard Work & Guts – Part 1 (The Basics)
Budget season for community associations with calendar year-ends are upon us. Even though I’m no longer responsible for writing several budgets each year any longer, I could feel it coming. Thirty years in the management business re-wires your brain, I suppose. Read the article………………………..
What is HOA Insurance: Why It’s So Important
Insurance comes in many forms and fashions: life, health, auto, home, renters, etc. You insure yourself and the people closest to you, along with the things you care about most. You insure your life. You insure your health. You insure your car and your shelter because not only are you legally required to, but also […]
Advice for New Homeowners in HOA Communities (NC)
With all the new construction in the Wilmington area and throughout our great state, it comes as no surprise that we are seeing increases in the number of homeowners’ associations (HOAs). HOAs are outstanding resources for residents and oftentimes a huge draw for potential homebuyers. Read the article…………………………….
The Art of leading a Successful Board Meeting (CA)
Let’s face it – no one looks forward to attending anassociation board meeting. At best, a board meeting is just another to-do item on a board member’s already busy schedule. At worst, a board meeting is a multiple hour scream fest where volunteer directors who are doing their best to run a corporation get publicly […]
Indemnity and the Association (FL)
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section […]
Emotional Support Animals and Dangerous Dogs in Cooperative Apartment and Condo Communities
An emotional support animal (ESA) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a pet. Rather, for a resident of a co-op or condo who is living with a mental or psychiatric disability, […]
Understanding the Hierarchy of Your Association’s Governing Documents (IL)
Typically, the governing documents of an association consist of various documents including a declaration, by-laws and rules and regulations. Associations are also bound by statute—condominium associations are bound by the Illinois Condominium Property Act (“Condo Act”) and common interest communities are bound by the Common Interest Community Association Act (“CICAA”). Due to the variety of […]
Top 10 ways for Community Association Boards to Increase Effectiveness and Productivity
Are you feeling overwhelmed and overworked as a board member of a community association? Do you feel underpaid? Do you feel like there is not enough time to address the never-ending issues that keep popping up within your community? Do you wish there was a way to become more productive and spend less time as […]
Colorado Isn’t The Desert. A Sustainable Lawn Doesn’t Have To Be Rocks, Cacti And Ugly
We get it, Colorado. You hate xeriscape. You’re probably visualizing it right now. A landscape with neutral colors, rocks and maybe a cactus or two. It appears lifeless and well, just sort of ugly. You still want to reap the benefits of a low-maintenance yard that gets by with little watering. One that may benefit […]
How to Keep a Condo Association Tax-Free (NY)
Some condominiums with a mix of residential and commercial space do not qualify as a homeowners association under the tax code. This means that any budget surpluses may be taxed just as they are for a Fortune 500 company, even though your intent was not to generate a profit. In effect, you can wind up […]
Roofing 101: Common Legal Issues and Concerns (FL)
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” whereby that roofer is permitted […]
Pump the brakes: How some communities slow drivers
When CAI’s Common Ground magazine asked readers whether they have problems with drivers speeding in their communities, a staggering 98% of respondents reported that they do, and nearly all (95%) use at least some form of speed control measures—from signs and speed humps to ticketing and cameras. The most effective solution to slowing drivers is […]
Rainwater Harvesting and Your Community Association
Rainwater harvesting is a simple, eco-friendly technique that many homeowners are using to gather rainwater and use it for simple purposes. It’s a great way to water gardens, wash clothing, and take care of many cleaning tasks–or even fill a child’s swimming pool. As a homeowner’s association, there are several benefits to allowing rainwater collection […]
Environmental Consciousness in Your HOA
Politicians talk about it, regulators embrace it, and associations are affected by it. No matter whether you believe that climate change is manmade or not, reducing energy use and going “green” is good for both the environment and the budget of associations. It is also a trending topic in communities everywhere. Read the article…………………..
Association Loans: What You Need to Know (NC)
Previous posts have looked at options for associations that are in need of money If your association has explored and rejected other possibilities (increased assessments, reserves, special assessment, etc.), a loan may be the best prospect. Questions about whether the loan is a good idea or whether the association will be able to pay back the […]
9 Basic Facts About HOA Voting and Elections
Most often, membership voting in homeowner’s associations occurs in connection with the election of officers to serve on the Board of Directors, special assessments of fees and or increases in fees or items such as the removal of board members. Voting rights and procedures for members of a community association are extremely important as the […]
Every HOA Needs a Gardening Policy for Planting in Common Areas
Each year many owners want their beautification efforts to extend beyond their private yards. Without a gardening policy for common areas, an HOA is likely to experience one of two undesirable outcomes. The HOA board has to take on the time-consuming task of approving plantings on a case-by-case basis. Read the article…………………..
Hurricane Preparedness and Loss Mitigation for Community Associations (FL)
From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous destructive storms that foreshadow greater potential for destruction in the future. As evidenced by the fact that many community associations are still recovering from Hurricane Irma, communities should seek help now to ensure proper planning for the next natural disaster. Read the article………………….
Booking Entertainment for Your HOA Event
It’s not hard to find great entertainment – you just need to identify the type of entertainment you’d like, make an offer, and sign a contract, right? Well … not quite! Each event is unique, and being an HOA, there’s likely a set budget to work with. If you’re the board member or committee member […]
This Condo Took Advantage Of Incentives And Installed EV Chargers (CA)
Driving an electric vehicle is a joy, and charging is a piece of cake – if you live in a detached house with a carport, garage, or a private driveway. However, for apartment or condominium dwellers wishing to go electric, charging can be a major roadblock Read the article………………………..