Leah Lally, a 51-year-old homeowner in Tampa, Fla., learned the hard way that dealing with a homeowners association (HOA) can escalate into a costly and years-long legal battle. In 2015, Lally got nearly $700 behind on the $135-a-month association fees on her five-bedroom home. She explained to the association’s management that she faced financial hardship […]
Written Contracts are Important in an HOA?
Question: I am a Board member of our Association, and am responsible for landscaping, grounds maintenance and security. Over the years, our Association has had a number of contractors who render service to us — whether this be in the form of snow removal, landscaping services, or trash removal. Some Board members are not happy […]
HOA Living 101: The Best Advice You Can Get About Serving on Your HOA Board
As a board member, you’re responsible for balancing the needs and obligations of the community with those of individual owners. Your fellow neighbors trust you to fulfill your fiduciary duty of acting within your authority, exercising due care, and always working in the best interest of the association. To help you become the best board […]
Building Pet Policies: Some Best Practices
To the joy of some condo owners and the frustration of others, most buildings have some type of pet policy in place. These policies are really for the protection of the other residents — sooner or later, someone will come along with enough animals to really test the patience of his or her neighbors. Read […]
New Condo Boards Need to Pick Their Battles (NY)
The market for them might be softening, but new condominium towers keep opening in New York City. And every time a new one opens, the buyers of apartments are faced with a challenge few of them have ever faced before: forming and running a successful condo board. Read the article…………………….
What is Design Review, and Why Do I Need It?
Have you ever been walking through a neighborhood, looked at a house, and said to yourself, “Boy, am I glad that is not my neighbor!”? The likelihood is all of us have done this at some point…maybe the paint scheme was a tad “out there,” the yard was not quite maintained, or maybe it just […]
Conflicts of Interest and HOA Board Recusal
Any acting HOA board member has an obligation to act ethically and avoid all conflicts of interest when making decisions for the community. Board members have the responsibility to recuse themselves from their responsibilities any time they have a problem keeping their fiduciary duty to the HOA – or, in other words, representing the HOA’s […]
The Co-op Board President Who Misses Nothing (NY)
She was born Lillian Chin, the daughter of Chinese immigrants, and she grew up on the West Side of Manhattan when the neighborhood still had rough edges. Her father toiled long hours in restaurants and her mother was a garment worker in Chinatown, and Chin and her four siblings grew up conversant with what it […]
Planning for the Future of Your Community Through Reserve Funding (NC)
As properties within homeowners and condominium associations age, inevitably maintenance expenses will begin to pile up. Roofs will need to be replaced, deteriorating roads will need to be repaired, and siding may need to be replaced. These are examples of major expenses that do not occur every day, but can often otherwise be anticipated. Planning […]
What Does Florida Law Say About A Community Association Bulk Services Agreement Such As Cable And Internet Service? (FL)
Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership. These are most commonly used for providing the community with broadband services, such as phone, cable and internet service. The benefit of bulk services agreements is that the […]
The Finer Points of Fining a Unit Owner- Part 1 of 2 (CT)
The Association has the power to fine a unit owner for violating the rules. So, it’s okay to send a note telling them and adding the fine to their account? NO. NO. NO. To quote a phrase from the movie, Mr. Mom, “You’re doing it Wrong”. Doing it wrong can cause a great deal of […]
Part VII: Community Rule Development & Enforcement – Due Process Procedure
In our final segment in our series on Rule Development and Enforcement for Communication Associations, we delve into the importance of implementing a due process procedure when enforcing rules in your community association and taking advantage of some other resources you have available to you. Read the article…………………
Enhance and Protect Your Community Association’s Brand: Why Boards Should File Trademarks
In today’s fast paced world of technology and innovation, so many of us hear how important is to establish a “brand.” Even community association board members should be thinking about how they can brand their association’s business operations to bring an expectation of professionalism to the association’s operations. An effective brand can help create a […]
Enforcement of Restrictions on Streets Running Through the Community (CO)
Rarely a week goes by when attorneys do not field calls from board members or managers asking whether or not the association can enforce its rules on streets running through the community. Sometimes these questions have simple answers, and other times, research will need to be conducted to determine the answer. Read the article……………………
Are Your Architectural Request Forms Ready for the Spring Rush? (CO)
As we move through the winter months, many owners are already anticipating the exterior home improvements they want to make in the spring. For most covenant controlled communities, exterior modifications require prior association approval upon submittal of an architectural request form. But do your forms contain all the necessary provisions to adequately protect the association […]
Non-Resident Board Members: Managing Absentee Decision Makers (NY)
An individual’s interest in their community association is rarely solely financial. In most cases, a building or HOA is also that individual’s home. And as such, they’re motivated to contribute positively to its quality of life, neighborhood congeniality, and aesthetics – just to name a few factors that make a place somewhere people love to […]
Welcome Aboard: Acclimating New Association Staff Members (NY)
Little in life is more nerve wracking than that first day on a new job: ‘Are you prepared to do this?’ ‘Are you even qualified to do this?’ ‘Is your shirt buttoned correctly?’ ‘It is, right?’ ‘Why does it look wrong?’ ‘Should you change your shirt?’ All of these questions and more – along with […]
Addressing Management Problems: Communication, Mediation, Cooperation (NY)
Most of the time, when a problem arises in a multifamily building or community association, the go-to solution is to get management on the phone (or text, or email). The refrain usually goes something like: “Management will take care of it!” “They’ve seen this a million times!” “What can’t they handle?!” Read the article………………….
Running Small Associations: Unique Communities, Unique Needs (NY)
Condominium associations come in all sizes and shapes. They can contain hundreds of units, or as few as two. While many of the issues faced by associations are universal regardless of size, small condominium associations do face some unique challenges that set them apart from their larger cousins. Those challenges touch all aspects of life […]
Emotional Support Animal (FL)
The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built. A person recently purchased a unit and has been seen with a dog that barks all the time. The owner signed all the […]
Amending Rules: Updating Bylaws and House Rules to Fit Your Community (NY)
Co-op, condo and HOA boards are tasked with a great many responsibilities – including determining and promoting both the day-to-day and longer-term interests of their residents. That’s a tall order, and it’s largely achieved through the implementation of rules and regulations designed to serve those interests while prohibiting activity that could be detrimental to the […]
New Condo Boards Need to Address Building Flaws Quickly
One of the most common challenges for fledgling condo boards in newly constructed buildings is dealing with the structure’s physical flaws, from cracks in the foundation to leaky windows and roofs, and worse. When seeking relief from the sponsor, time is of the essence because courts have held that the statute of limitations for a […]
8 Secrets to a Successful Audit
From serving as a formal method of checking financial methods and procedures, to identifying accounting weaknesses and correcting financial problems, an audit is an extremely important step in fulfilling a board’s fiduciary responsibility for the financial prosperity of an association. The following are eight secrets to conducting a successful audit. Read the article……………………
5 Resolutions to Make You A Gold Star Member in Your HOA
If you regularly attend board meetings, pay your HOA fees on time, volunteer on a committee, and read the monthly newsletter, you may already be an all-star member in your homeowner’s association. But if you find that you aren’t consistently doing those things, then the new year is a great opportunity to start. Below are […]
What is a Horizontal Property Regime? (TX)
A Horizontal Property Regime (HPR) is a zoning policy which essentially allows for two new houses to be built on a piece of land that was previously zoned for just one house. This results in tall, narrow houses, either attached or separated by mere feet. HPRs were created to accommodate the rising number of people […]
The Drones Are Coming!
In addition to rappellers on ropes and bucket trucks on telescoping arms, there’s a third alternative to conventional scaffold drops when performing a mandatory building facade inspections: drones. Read the article………………….
FCC Regulations for Satellite Dishes
In 1996, the FCC adopted the Over the Air Reception Device Rule, or OTARD rule. In short, the OTARD rule prohibits homeowners’ associations and condominium associations from placing restrictions on residents which impede the installation, maintenance, or use of satellite dishes, TV antennas, or wireless cable antennas. Read the article…………………..
My Unit is Flooded From a Neighbor’s Condo! Who Pays For a Condominium Leak or Dry-outs Afterward? (FL)
It’s not unusual for condominium owners to experience leaks that don’t come for their own unit. Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo. When you add in owners who may only live in the unit part time, and other units that may be […]
Bah Humbug! What to Do if an HOA Board Member is a Scrooge
There seems to be one in every homeowners association. That one HOA board member that consistently disagrees, goes against the majority, or at the very least enjoys playing devil’s advocate. Do you have a Scrooge – a mean spirited, miserly person – on your Board? There are ways you can deal with them. Read the […]
Pro-Active or Reactive Architectural Review
Question: I recently heard the terms “pro-active” and “reactive” as it applies to Architectural Review. Apparently, pro-active is when the community announces walk-throughs to look for problems, and reactive is when the community relies on reports by neighbors who see alleged violations. What are your views on “pro-active” enforcement? Read the article………………..
Insurance Industry Responds, and Owners May Pay the Price
Events of casualty damage, even when some of the damage is covered by an association’s insurance policy, can be very expensive for condominium and homeowners associations, primarily because association insurance deductibles are typically tens of thousands of dollars per claim. The deductible expense is really just the portion of the cost to repair that is […]
Can Condominiums Charge Capital Contribution Fees? (FL)
Our condominium association clients frequently ask whether they can charge “a new owner fee” or a “working contribution” or “capital contribution” to buyers of a unit. We respond “no.” After our condominium clients get over the initial shock we didn’t provide the usual lawyer answer, “it depends,” the next question usually is “why not”, or […]
‘Indemnity’ and ‘subrogation’ among legal terms to question
Every now and again, I have to remind myself — or be reminded by a client — that not everyone speaks “law.” What are familiar terms to lawyers aren’t necessarily so to those in other walks of life. I suppose this is common to most professions. Who, other than an orthopedist, throws around terms such […]
Part VI: Community Rules Development & Enforcement – Architectural Guidelines
In this weeks edition of our Rule Development and Enforcement for Communication Associations series, we delve into the topic of Architectural Guidelines. These guidelines can be a real time-saver while offering your homeowners a more convenient and efficient avenue towards architectural alterations. Read the article………………..
4 Traits of a Good Board
Managing an association’s affairs and taking responsibility for running a community are no small tasks. Homeowners trust their board of directors to make sure everything operates smoothly, services are maintained, and issues are resolved promptly. The board of directors can make the difference between the community’s success or failure, so it’s vital that each person […]
Do Just One Thing! What can be done to rebuild declining nonprofit institutions?
When I travel around town these days, I often run into old friends and neighbors who know my background regarding nonprofit organizations (I served on +50 board of directors over the years), and they like to unload their frustrations on me. For example: The president of a homeowner association complained he had to serve a second […]
3 Solutions to Common Holiday HOA Issues
Residential property management can become challenging during the holidays when residents begin violating rules that help make the community better for everyone. Most residents aren’t doing this purposefully — they’re likely not aware of the rules. Here are three common problems that you’re likely to face this holiday season and solutions to help you effectively […]
Nuisances – What Is A Board To Do? (FL)
The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? Read the article……………
What if There is No Board?
Question: I live in a 50 unit condominium where, for the last several years, every board we elected got to fighting among themselves and accomplished nothing. Our place is a shambles and our delinquencies are increasing. We have (or I should say “had”) a five-person board, but one by one they all have resigned. We […]
What is a Reserve Study, Really?
The slightly technical definition of a reserve study is: a budgeting tool based on the art and science of anticipating and preparing for major common area repairs and replacement expenses an association will face in the future. Read the article………………..
3 Record Keeping Tips for HOA Board Members
Sorting through a stack of miscellaneous receipts, contracts, and other documents can be tedious at best. Having no organizational system in place to make that search any easier is downright cruelty. Ideally, every HOA board should take time to analyze their current record keeping habits and consider ways to improve them. Otherwise board members will […]
4 Ways to Trim Your HOA Budget
Typically, homeowner associations will appoint a treasurer to keep track of monthly expenses, create a working budget, and allocate funds appropriately. Yet, it is not the sole responsibility of the treasurer to manage the budget. One of the essential duties of the entire HOA board is to continuously review the annual budget and make adjustments […]
Enforcing HOA Violations (TN)
As an HOA board member, it is your duty to understand the rules, restrictions, and regulations of the association. Some rules have been in place since the association was created and others may be new additions or amendments to older rules. In any case, it is the responsibility of the HOA board to enforce any […]
The Role of HOA Management — Hang Up Your Super Suit
Sometimes it seems that homeowners think community association managers have superpowers. They are all-knowing, have x-ray vision, and are able to resolve all matters with a simple decree. But when you’re actually in the trenches of your job, you know superpowers aren’t exactly part of the package. Read the article………………….
6 Ways to Manage Parking for Visiting Holiday Relatives
Having family over for the holidays is an essential part of the holiday season. Of course, it’s also one of the biggest challenges. For anyone going visiting, there’s the necessity of travel. And for every holiday host, you’ve got more than a few logistics to juggle yourself. Preparing the guest room, shopping for groceries and, […]
Helpful Tips for Successful Condominium Association Annual Meetings, Elections (FL)
This is the time of year when many Florida condominium associations conduct their annual meeting and election of directors. Here are some helpful reminders about the process to ensure that your community’s meeting and election avoid potential glitches and remain in compliance with Florida law. Board membership should be viewed as being akin to a […]
How to Prepare for Your Annual HOA Board Meeting
Now is a good time to set a date for your annual HOA board meeting if you haven’t already done so. Annual meetings are a common best practice to keep members informed and get them involved. You may be thinking that it’s going to be a waste of time because the majority of members don’t […]
Help! We have a tenant in our association who is not following the association’s rules. What are our legal remedies? (AZ)
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost […]
Those First Baby Steps for New Condo Boards (NY)
Running the building – that’s a task most people don’t consider while shopping for a new condo apartment. When newly constructed condominiums first open, the property’s sponsor is usually in charge of everything from the financials to operations to repairs. And when unit-owners finally do form a board and take over, the transition can be […]