Reports of association theft, fraud and embezzlement are no surprise to the South Florida community association attorneys at our firm, but two similar reports on the same day from communities on both the east and west coasts of the country drew our attention. The media reports of the incidents, which both ran on Thursday, Jan. […]
10 Tips for HOA Insurance
Picking the best insurance policies for yourself can be intimidating. But, picking the best insurance policy for your association, when you’re responsible for the financial resources of hundreds of homeowners and millions of dollars of property? That can really be daunting. As overwhelming as the process is, there are basic steps that boards can follow […]
Condominium Association Insurance Coverage (CT)
Pursuant to Connecticut General Statutes Section 47-255, associations are obligated to maintain the following insurance coverage: Read the article……………………..
Ask the HOA Expert: Recoat of Many Colors
Of all roofing designs used in homeowner associations, flat roofs are the most problematic, particularly in rain, wind or snow prone areas. The need for consistent and quality maintenance is extremely important for maximum performance and longest life. Recoating builtup flat roofs is a fundamental preventive maintenance which should be performed at least every five […]
Can Your HOA Weed Out Marijuana?
A number of states are moving toward legalizing marijuana for recreational purposes, with many more states having legalized it for medicinal purposes only. This leaves many association boards and managers wondering what, if anything, they can do to prohibit or regulate the use of marijuana in their communities. Read the article…………………….
Benefits of Serving on an HOA Board
Let’s take a moment to highlight all that HOA board members do! You have a desire to see everyone around you flourish, and you take the time, effort, and energy necessary to make that happen. Thankfully, there are some awesome benefits for choosing to spend your time to serve others! Read the article………………….
Improving Your HOA Experience with Renters: Welcome, Inform, and Include
Moving to a new home is often a stressful experience. Learning to meet new people, and in the case of an HOA, learning new rules can easily overwhelm anyone. When the new neighbor is renting, welcoming them is just as important as if they had purchased the home. Renters can become invested members of an […]
Time to Call It Quits? When Management Breaks Up With a Client Community
In a New York TImes “Ask Real Estate” letter from last December, a co-op shareholder lamented the sorry state of her 10-unit building: the board president was abdicating his position with no willing successor, and the managing agent was opting not to renew their contract, leaving the co-op adrift as far as leadership was concerned. […]
Part III: Who Pays When Causation, Claims and Coverage Cross? (NJ)
In week one of our three-part series, we learned that the association is generally not responsible for property damage in a unit barring some negligence on its part or available insurance coverage. Last week, we examined the types of property casualty insurance typically maintained by a condominium association. In this final week of our three-part […]
Get on Board: How to Increase Recruitment Now
This is part one of our four-part series From Meet n Greet to Board Seat about engagement, recruitment, onboarding, and orientation of new directors. We’re going to let you in on our weekly coffee talks…. discussions about board management, technology, and good governance – all while sampling the results of Pat’s weekly effort to bake […]
FHA Tips: Fidelity Insurance
When the Federal Housing Administration (FHA) is reviewing a condominium association’s application for certification, there are serval criteria that can trigger an immediate rejection. In our work with clients, the most common issue we see is the association’s fidelity policy falling short of FHA guidelines. Read the article………………….
Top 10 Do’s & Don’ts of Drafting Community Association Rules and Regulations
Writing Community Association rules and regulations can seem like a daunting task. Here is a list of 10 Do’s and Don’ts to help you when drafting your community association rules: Read the article………………………
HO-3 vs HO-6: Do You Know What Type of Homeowners Insurance You Need?
If you are a homeowner in a community association, whether single family, condominium, or townhome, are you certain you have the correct form of insurance? When you own a home in an association, you may be told somewhere along the line that the association is providing insurance. This is probably true. However, as a homeowner, […]
Responding to a Records Request (AZ)
Your Board, or management company, received a records request from a member – what should you do next? First, it is important to keep in mind that Arizona law requires Planned Communities (A.R.S. Section 33-1805) and Condominiums (A.R.S. Section 33-1258) to make all financial and other records of the association reasonably available for examination by […]
Six Tips to Improve Homeowner Attendance at Your Annual Meeting
Planning for your association’s annual meeting is a big undertaking. With all the effort and expense involved, achieving quorum the first time is a must! On top of carefully planning your annual meeting, below are six tips and tricks you can follow to improve homeowner attendance: Read the article…………………….
Feeling Disorganized? The Ultimate HOA Board Organization Checklist
At the start of the year, many HOA Board members feel pressure to get organized. Brand new HOA Board members are trying to acclimate and learn their roles, in addition the veteran members are tying up loose ends from the year prior. Getting organized is an overwhelming task, but the pay-off is vital to the […]
5 Habits of Highly Effective Community Association Managers
A good community association manager is essential to a smoothly-run HOA. While technically not part of the board of directors, they work closely with the board in all aspects of the association’s operation. The specific responsibilities of community managers often vary from company to company and community to community. These responsibilities can run the gamut […]
What Every Condominium Association Needs to Know About Security Deposits
Lately Eisinger, Brown, Lewis, Frankel & Chaiet, P.A has had to resolve many disputes relating to security deposits collected by our Condominium Associations from tenants who rent from individual unit owners. It is standard procedure for many Associations, if the authority to do so appears in their declaration or bylaws, to require a security deposit […]
Taking out an Association Loan: Don’t be penny wise and pound foolish! (CT)
Many older associations are finding they need to borrow money for major upgrade or replacement projects, such as for roofs, windows, and paving. The Board of Directors will usually start this by speaking with a banker, which is the logical first step. However, problems may occur if a unit owner vote is taken on a […]
HOA Landlord Rules
One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its members. This disconnect creates some practical problems for the board or manager in communicating with tenants since there is […]
Answering the Age-Old Question: “How Are My HOA Funds Spent?”
Homeowners may not always understand how HOA funds are spent. Often, they pay their monthly, quarterly, or annual assessments, and when they look around, they don’t see any noticeable improvements in the community. This lack of obvious upgrades leads to frustration and confusion . . . and maybe even some suspicion. After all, where is […]
Installing Solar Panels When You’re Part of an HOA (NC)
Living in a Homeowners Association (HOA) community has many perks. Neighborhoods are managed through rules and regulations in order to maintain or raise property values. Generally, whenever a homeowner wants to make changes to their existing home, they need to get approval from their HOA. Yet, with solar panel installation in North Carolina, it’s not […]
Electric Cars Are Coming! When Owners Request Charging Stations, How Will Your Association Respond? (MA)
A newly enacted state law restricting the authority of condo associations to regulate the installation of electric car charging stations will apply only to condominiums located in Boston. But the implications extend well beyond Boston’s city limits. The reason: More consumers are buying electric cars. Read the article……………………
Condominium Assessments and Bankruptcy: What Can Associations Collect?
Courts across the nation are split on whether post-petition community association assessments constitute dischargeable debts under Chapter 13 of the U.S. Bankruptcy Code. To make matters worse, in November, the Supreme Court denied a petition to review the issue, leaving the community association industry wondering if the existing dispute among the courts will ever have […]
The Right Approach to Violation Disputes | Part 2 of 2
Another major source of disputes, especially during issues of violation resolution, relate to changing the rules. Every homeowner in your HOA is held to the same standard, but they also have a right to take action and change what those standards are. That is supposed to be the major benefit of living in an HOA, […]
Does Your Board Meeting Need a Parliamentarian?
n large association membership meetings or conventions, it is common to find someone serving as parliamentarian (whether a member or outside credentialed professional). A question often asked, though, is: “Does our board meeting need a parliamentarian?” (For purposes of full disclosure, I’m an attorney, Certified Professional Parliamentarian, Professional Registered Parliamentarian, past President of the American […]
Be Aware Of Cheapest Contractor
Everyone, including condominium associations and unit owners, want to save money. One way to save money is to hire the cheapest contractor. The cheapest contractor, unfortunately, can be unlicensed and/or uninsured. If the contractor causes property damage or someone is injured, the Association or unit owner could be liable. Even if the Association and unit […]
Condo Association Preventative Maintenance: A Penny Wise Or a Pound Foolish
Now that community living has become mainstream, it is more essential than ever for the board of directors and the management company to run the operations of the association in a proactive manner. Of course, the term proactive could mean many different things to many different people. Proactive could mean ensuring that the building insurance […]
Political Signs in Your HOA Community: Guidelines for the Upcoming Elections (TX, AZ)
Most cities, counties, and states have laws established regarding the number of political signs a homeowner can post on private property. There are also limits on the size of sign allowed. It’s important that the board understands what is allowed in the community before implementing any rules regarding political signs. Read the article……………………
How to Prevent HOA Fraud, Theft, & Embezzlement
A homeowner association (HOA) is often made up of trusted friends and neighbors. However, that doesn’t make your community immune to fraudulent behavior. With over 40 million households in the United States belonging to an HOA, there is a lot of money at stake and safeguards should be put into place. Start protecting your community […]
Mediation Is One Way to Avoid Litigation (NY)
Here are answers to some basic questions about resolving co-op and condo disputes through mediation. What is mediation? It’s an informal, voluntary approach to settling disputes in which a neutral third party – usually a professional mediator or an attorney – assists the disagreeing parties in resolving conflicts. Mediation can alleviate friction between neighbors, between […]
How to Reconvene an Annual HOA Meeting
To avoid the extra cost and effort of reconvening an annual HOA meeting, it’s really important to reach quorum the first time around. Reconvening a meeting means planning a new date and time, securing a new meeting place, and drafting and mailing a new notice— which are all time and resource-sapping tasks your HOA can […]
When They Won’t Stop Droning On: Responding to Drone Use in Your HOA
When authorities arrested a Kentucky man in 2015 for shooting down a drone he believed was hovering over his property line and filming his sunbathing sixteen-year-old daughter, it ignited a controversy about the appropriate use of drones in associations that is still simmering today. While a court ultimately acquitted him of all charges, concerns about […]
The Right Approach to Violation Disputes | Part 1 of 2
As an HOA, it is your duty to uphold the rules of the community. These rules were written to ensure the health, happiness, and property values of everyone in the neighborhood. When enforced correctly, it ensures that every homeowner is held to the same standards for the good of the community. Including council members. Of […]
Bed Bugs, Revisited: Tiny Pests, Big Problems
Do you have a plan to address bed bugs in your association? These tiny bugs create anything but a small problem if not addressed aggressively and eradicated thoroughly. Though the below discussion is most relevant to large associations, all association board members should take note and consider implementing a bed bug plan to protect their […]
Pothole Patrol: What community associations can do to maintain pavement
It’s that time of year again, when rain, snow, and changing temperatures cause potholes to form, wreaking havoc on roadways, parking lots, and driveways. According to the American Automobile Association (AAA), pothole damages cost U.S. motorists roughly $3 billion per year. On a per-pothole-incident basis that comes out to about $300 per driver. Additionally, AAA […]
The Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
6 Steps to Improve Your Condo and HOA’s Collection Practices Before the Next Recession
We’re all aware that the economy has a rhythm or cycle and is also referred to as a business cycle. When the cycle is on an upward trajectory people’s financial situation is improving and as the cycle turns downward their financial situation can deteriorate. The U.S. is experiencing the second longest economic expansion in post […]
Cybersecurity: Is Your HOA Protected Against Data Breaches?
What do Ashley Madison, Uber, Target, Yahoo, Ebay, Equifax, JP Morgan Chase, and Sony – companies that have incredibly diverse products and expertise – have in common? They have all been victims of data breach! These large breaches, which affected hundreds of millions of customers, have caused cybersecurity to become a common topic of conversation. […]
Managing Board Conflict: How to Maintain Harmony
In a community association, it falls on the board to put out any fires that ignite among the property’s residents. But what happens when that blaze springs up between the board members themselves? Those who volunteer to serve on their community association or co-op board are likely to bring strong convictions – and personalities – […]
They Are Taking Our Common Area! (NC)
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose. The law requires “just compensation” to be paid when a taking occurs. What happens, however, when the property taken is common […]
The Importance of D&O Coverage
Personal liability for board members is always a concern. The CIOA requires associations to purchase property insurance, flood insurance (when applicable), commercial general liability insurance and fidelity insurance, but it is silent on the issue of Directors’ & Officers’ coverage. Even the Non-Stock Corporation Act does not mandate the coverage. Frankly, it’s one of the […]
5 Ways Communities Can Work Together to Stop Non-Violent Crime
“A porch pirate stole my package!” We are seeing more and more posts like this come across our social media feeds. With over 7.6 million property crimes reported in 2017 and the use of eCommerce sites like Amazon on the rise, this story continues to repeat across the nation. Unfortunately, 87% of non-violent crimes like […]
Does Your Association Have Adequate Replacement Reserves?
Physical deterioration occurs at every community association with the same certainty that the sun rises every day! This inevitable phenomenon begs the one important question for boards and managers: Read the article…………………..
10 Tips for Field Service Businesses Working With an HOA – Pt 2
Welcome back to the second half of our two-part article on providing your field service business to entire HOA communities at once. HOAs often need regulated and reliable home services to keep their entire neighborhood of homes updated, well-kept, and in-sync with each other on maintenance schedules. HOA communities also often hand around referrals for […]
Kass: Insurance and Animal Bites
Question: My condominium association is overrun with dogs. We are concerned that someone will be injured, and we will be sued because we did not impose the proper precautions. What should we do? Read the Q&A…………………..
Snow and Ice Removal Tips (IL)
Chicago’s recent record-breaking cold temperatures presented associations with challenges and questions, which may not have been at the forefront of the board’s attention. These extreme cold temperatures may have left associations dealing with issues arising from burst or frozen water pipes. While not all associations had to deal with such severe scenarios last week, almost […]
What You Should Know About the Association Non-Compliance Letter
As a member of an HOA, you have a responsibility to occupy, maintain and use the property in accordance with the Rules and Regulations (R&Rs) you agreed to abide by at closing. Although they may seem cumbersome, these rules serve the purpose of increasing property values and preserving homeowner relationships. The success of a community […]
Managing Board Conflict: How to Maintain Harmony
In a community association, it falls on the board to put out any fires that ignite among the property’s residents. But what happens when that blaze springs up between the board members themselves? Read the article…………………