Most newly-elected condo or co-op board members aren’t experts in running a multifamily building or development. They may be eager, enthusiastic, and committed to serving their community. But they also probably have little idea of how to do that until they’ve learned a bit more through experience. Fortunately, co-ops, condos and HOAs all have an […]
HOAs Are Popular Where Prejudice Is Strong and Government Is Weak
A new study finds that higher percentages of wealthy, Asian, and white residents live in HOAs; and people pay a premium of about 4 percent for homes in HOAs. Homeowners love to complain about homeowners associations, or HOAs. The seemingly ubiquitous private organizations limit what people can do on their own property, and charge for […]
Do You Know Your Association as Well as You Should?
Although Colorado has thousands of common interest communities and most of the directors and community managers working with these communities feel they have an adequate grasp on the specifics surrounding their particular community, it can be an eye-opening experience to test your knowledge and see how much you really know (or don’t know) about your […]
Association Funds – Look Before You Spend
Part of the duties of a community association’s board of directors includes fiscal responsibility. Among other things, the board of directors is tasked with prioritizing and making decisions regarding the best use of the association’s limited financial resources. Expenses such as common area maintenance, insurance, water, and professional services including management, accounting, and legal are […]
How to make Minutes SMART: Five Must-have Ingredients
No one loves their minutes; no one even likes them. No one likes taking minutes. The hardest position to fill on any volunteer boards is the secretary. No one ever does anything with their minutes anyway. An easy fix would be to get rid of them. Most boards are practically doing this already. Read […]
HOA Pool Safety: Debate over Eliminating Lifeguards
Q: Our association is considering eliminating the lifeguard at our pool. Other than posting “swim at your own risk” signs, is there anything else we need to do to ensure swimmers safety? Read the article……………………….
Hurricane Shutter Law Explored (FL)
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. Is there […]
What To Do When Homeowners Are Harassing Board Members
As a board member, you’ve surely seen emotions run high at your association meetings. Whether you lead a condo association or homeowners association, you know the subjects discussed at your meetings involve people’s homes, their quality of life, and their finances—topics that can be tricky to talk about, especially when lots of opinions are present. […]
Technologies can enhance community association efficiency, productivity
No one can accuse community association managers or their accounting teams of being lazy. Managing requests from thousands of homeowners in the communities they serve can leave these employees drained and searching for more hours in a day. No computer program or mobile app can actually increase the number of hours in a day. But, […]
5 Tips for Choosing the Right HOA Insurance
Homeowners associations are creatures of budget. The primary purpose of a budget is to provide certainty and avoid surprises as the board complies with its obligation to protect, preserve, and enhance the association assets. More often than not, board members primarily focus on price when purchasing insurance. However, price is only relevant if the options […]
Cyber and Data Security in Colorado Common Interest Communities (CO)
As banks, credit card companies, and financial service providers grapple with identify theft, so too must HOAs. Over the last several years, there has been a substantial increase in cyber-related crimes, resulting in increased identity theft and financial fraud. As a result, federal and state governments have been working to enact laws to reduce crime […]
Advocacy Tips: Inviting Your Elected Official to Visit
Summer is almost here, and that means legislative recesses and state session adjournments. This is the perfect time for advocates like you to engage with your elected officials at all levels of government by inviting them to attend your community association events, your board meeting, or asking to meet with them at their district office […]
Misadventures in Rulemaking
Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. Read the article………………………
Neighbor vs. Neighbor at the Newswalk Condominium (NY)
Unit-owners at the Newswalk condominium in Prospect Heights, Brooklyn – a repurposed former Daily News printing plant – are no strangers to strife. When the first unit-owners moved in after the 2002 conversion, they were shocked by construction so slipshod that many of the “luxury” apartments were barely habitable. The condo board sued the developer, […]
Juggling Concurrent Projects in Your HOA
Juggling multiple projects in a community association can seem daunting at the beginning. There are so many expectations, deadlines, meetings, schedules, vendors, contracts, mobilizations, and de-mobilizations to think of. Not to mention you might be dealing with scaffolding, orange cones, swing stations and demolition. . . a lot of demolition. (You can’t have an omelet […]
Hurricane and Monsoon Season is Here – Is Your Community Prepared for a Disaster?
Hurricane and monsoon season officially starts in early June, which means now is the perfect time to make sure that your community is properly prepared. Below are tips and some guides for your community, both to help your Association and your Residents to be prepared. Read the article………………………
The Dynamics of Difficult People
We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation Read […]
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
Association Hazard Insurance Policies Benefit not only the Association but also all Condo Owners (their tenants) and Mortgagees
Both Commercial and Residential Condominium CC&Rs frequently contain insurance language requiring the Association to obtain hazard (fire) insurance and prohibiting Owners from obtaining such coverage. Condominium Owners on the other hand are limited to obtaining liability insurance. Similar language was found in the CC&Rs of the condominium association in Western Heritage Insurance Company v. Frances […]
The Benefits of a Green Roof Go Way Beyond Economics (NY)
One big thing. The Climate Mobilization Act, a New York City legislative package of seven bills that goes into gear in 2024. It’s the single largest carbon-reduction effort that any city has put forward, and it leaves you five, very short, years to get your building in shape. Read the article………………………
Financial Management of Community Associations | Budgets and Replacement Reserves -Part 4 : Reserve Account/Reserve Funds
The reserve account consists of funds put aside in “reserve” for the replacement of major components of a community’s common property (aka “assets”). Typically the reserve account is used to replace asphalt paving, concrete sidewalks, roofs, central heating and cooling plants, swimming pool, tennis courts, elevators, and many other property components. Revenue raised for adding […]
How to Deal with HOA Bullies
Does your board president rule with an iron first? You don’t have to put up with it. Maybe she’s been running the association single-handedly forever. Or perhaps he’s been a big shot in the business world and is certain the community needs his iron fist. Whatever the motivation, the homeowners association president becomes a dictator. […]
Pool Safety Tips for Your Association
A swimming pool in a condominium or homeowner Association can be a welcome amenity to residents. However, it is important that the Association implement rules and regulations that are suited for the community and address potential legal issues. Here are four safety tips your Association should consider that address pool upkeep and liability. Read the […]
What You Need to Know About a Drainage Easement Fence
When it comes to purchasing property, it’s important for buyers to know their rights concerning easements and how those easements may impact plans for your new home. Read the article……………………..
8 Rules HOA Boards Can Follow to Keep Residents Safe
When it comes to increasing and maintaining the value of your neighborhood, it’s on your plate to make sure safety is one of the top priorities for your HOA Board. However, it can often be a challenge to keep up with each and every one of your neighbors. We’ve rounded up 8 simple rules you […]
First Step Toward Managing your Association’s Data Breach Liability Risks Is Recognizing Them (MA
You are the president of a condominium board and you don’t appreciate getting a call from a fellow board-member Sunday at midnight. The reason for the call is even less welcome. The board member has lost a laptop containing every essential piece of association related information it would be possible for anyone to have. Names, […]
How to Make Your Pool More Sustainable
For many community associations the pool is a key amenity where neighbors can gather and enjoy the sun. However, pools, especially freshwater pools, require a lot of maintenance. Some of that maintenance requires chemicals and actions that are less than sustainable but there are steps you can take to ensure a more eco-friendly pool this […]
How Can I Help Animals in My Community?
Wild creatures are common visitors in many neighborhoods. However, they are sometimes known to dig holes in carefully-tended lawns, scavenge vegetable gardens, and make a mess of trash bins! Because suburban areas are also part of these creatures’ natural habitats, relocating these animals can harm them; this is why we are sharing some simple tips […]
Five Considerations in a Condo Deconversion (IL)
In the past few years, the demand for rental units has increased due to a number of factors including rising home prices, declining homeownership among seniors, increased single-person households, and tougher mortgage lending standards. Accordingly, a new phenomenon has emerged where all the units in a condominium building are sold to a third party who […]
Avoiding Selective Rules Enforcement for Condo Associations (FL)
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because […]
Tips for Dealing with Noise in Your HOA or Condo
Noise is an inevitable reality in homeowners associations and condominium communities. Condominium dwellers live in such close proximity, it’s essential that we consider the effect noise will have on our neighbors when deciding on floor coverings, where to mount the flat-screen television or when to knock out a wall. Read the article……………………..
Financial Management of Community Associations |Part 3 : Budgetary Roles and Responsiblities & Budget Presentation
The roles and responsibilities with regards to the budget at your community association can be varied. The manager, board of directors, treasurer, and even the owners all have different roles in planning and maintaining the budget. We will take a detailed look at those roles as well as the best ways to present a budget. […]
Know the Rules Regarding Raising the Flag and Flagpoles
Homeowners associations and condominium communities are in the best position to determine the appropriate size, placement and installation of flags and flagpoles in their communities. That’s why CAI applauded the 2006 enactment of federal legislation giving residents the right to fly an American flag as long as they do so in compliance with association rules […]
Understanding Stormwater Systems (FL)
South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance. Some counties and local water control districts require licensing and renewal of the permits for the […]
HOA Homefront – Open Forum guidelines for directors and members (CA)
The “Open Meeting Act” (Civil Code Sections 4900-4955), requires at Section 4925(b) that all membership meetings and board meetings have a time set aside for members to speak. This time is often called “open forum.” In open forum, a member can speak on topics on or off the agenda. Some associations avoid open forum and […]
Annual Meeting Basics: Getting the Voters and Counting Their Votes (NY)
There are four steps to running an annual meeting at a co-op or condominium that result in the election of a new board without unwelcome vituperation or litigation. The first two steps, as noted earlier this week, are distributing a proper meeting notice and collecting valid proxies. Today we look at the final two steps. […]
Don’t Let the Bed Bugs Bite!
Bed bugs have become a growing area of concern for planned communities across the country. Although no community is immune, bed bugs are most commonly found in single-family homes, condominiums, and hotels/motels. Because of their ability to travel from location to location, bed bugs can easily spread and infest multiple areas. This makes condominiums, townhomes, […]
“Armed and Dangerous,” CAI Common Ground
IT WAS NOT A PLEASANT TOPIC, but that didn’t stop the Ridgeview Place Condo Association near St. Louis from raising questions about what owners should do if an “active shooter” storms the community. “We’re too isolated for anybody to really come—and we’re all too old,” says Diane Burnell, chair of the association’s disaster preparedness committee. […]
Putting the “Meet” in a Condo Board’s Annual Meeting
Today we offer a case study of what happens when factions fight over control of a condo board. It is not pretty. Golf View is a condominium on Staten Island made up of 61 homes. In early 2017, two members of its seven-person board of managers resigned. The bylaws of the condo allowed the board […]
“Excessive Clutter” – Dealing with Hoarding at your Common Interest Community (CT)
All of us at times are messy people – we save too many things, or do just a bit too much shopping online, and pretty soon our homes are “cluttered” and full of junk. We get “joy” from all we own and will not get rid of anything! Does this mean we are hoarders? Read […]
ASSOCIATIONS’ RESPONSIBILITY FOR THE RESULTS OF CRIMINAL ACTIVITY
No one really knows why people commit crime, hence no one really knows what is “adequate” deterrence in any given situation. While bright lights [or in this case, an alarm] may deter some, they will not deter all. Some persons cannot be deterred by anything short of impenetrable walls and armed guards. 7735 Hollywood Blvd. […]
Community Association Transition: Construction Defects, Implied Warranties and Consumer Fraud (NJ)
A successful transition from a developer to a homeowner-controlled board is one in which the two parties work together to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens when negotiations fail? Read the article……………………..
Defining Commercial Vehicles in an HOA
Q: Our homeowners association covenants, which are decades old, allow two cars per household and no commercial vehicles. Over the years, the demographics in our community have changed, and we now have more blue-collar residents who own their own businesses. We also have police officers with patrol cars and EMTs with an ambulance living here. […]
Cumulative Voting for Community Associations
Electing the right people to the leadership board of your community association is essential for success. Board elections present the opportunity to vote the right people in and the wrong people out, depending upon the view of association members. For associations with cumulative voting, the election can result in a tug-of-war between members who want […]
What’s in a Fine? (MD)
Yes, here at FLS you can get your condo law with a side of Shakespeare. And today we are talking about that most inflammatory of community association topics: the FINE. When an owner violates a provision of the governing documents, the Association may have several avenues of recourse. It can file for an injunction and […]
Operation Elevator: A Co-op Board Prepares for Battle (NY)
When the 171-unit co-op at 333 East 66th Street had to modernize both passenger elevators, the board decided to put together a battle plan. “We really went at this like it’s a precision military operation,” says board vice president Ellyn Berk. Read the article…………………
Tips for Refreshing Curb Appeal
With spring about to give way to summer, now’s a great time for homeowners to work on a few simple improvement projects that’ll wow anyone who visits your community. While it can be costly to replace siding, fencing, or to paint an entire home, members can make other significant improvements without much cost or work. […]
Top 3 Bad Board Decisions
Being on your HOA board requires you to make decisions that affect your entire community. Often, these decisions are fairly easy, as your community has governing documents that set the stage for sound decision making. But what about those gray areas, or decisions that seem like good ideas at the time, but turn out disastrous? […]
Special Client Letter – Requests For Reasonable Modifications And Accommodations And Emotional Support Under The Fair Housing Act (MD)
Over the years, many clients have asked our office to provide guidance concerning homeowners’ requests for reasonable modifications and/or accommodations under the Federal Fair Housing Amendments Act of 1988 (the “FHAA”). And, more recently, as you may have seen in the news, there is a significant increase in the use of emotional support animals (“ESAs”) […]