For a field services business that primarily services residential customers, nothing is more valuable than repeat customers. Especially when there are several months, even years, between one service and the next. Your ideal customer is someone who trusts your company and schedules services through your field service business every time they need work done. By […]
What is Remote HOA Management?
Not all communities are created equal. They come all sizes and income levels, from groups of only a dozen or so condos to developments of a hundred or more multi-million dollar homes. The needs of each community will vary just as wildly. The time and money members are able to devote to their association varies […]
HOA Board Roles and Responsibilities
It is common knowledge that homeowner associations have a board of directors, but the exact roles and responsibilities of the board are often misunderstood. Simply put, the board is responsible for running the association, occasionally with the assistance of an HOA management company. While the board may consist of 3-7 members as a whole, typically […]
Managing the Headache of Compliance (NY)
The daily to-do lists for property managers in New York never seem to get any shorter. Overseeing capital projects, supervising staff, seeing to repairs, responding to shareholders, communicating with vendors… The list goes on. Read the article………………
Performing Rights Organizations and Associations
So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a Performing […]
The Finer Points of Fining a Unit Owner- Part 2 of 2: The Hearing, this is not Law and Order or Judge Judy (CT)
The hearing date is set. Felix has been notified and the Board has done everything right. What’s next? The hearing. Many board members are not fond of the hearing. It is unknown what is going to be said, what evidence is going to be presented and, quite frankly, the idea of sitting in a small […]
Hurricane Insurance Claims for Condominium Associations,
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy […]
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 […]
6 New Years Resolutions for your Community Association
Happy New Year! Hopefully the holidays were filled with nothing but joy and spirit (or spirits!) For some of us, the holidays can bring new or unforeseen challenges in the community association context, whether it be parking problems from all the visitors, frozen pipes from the ice and snow, or the architectural committee playing Grinch […]
Navigating the Dreaded Assessment Increase
Well, it happened again. I was on the phone today with a very nice woman who had fallen behind on her condominium assessments. As we discussed a payment plan to help get her caught up, she said, “When I moved in here were so much lower.” I didn’t say anything. We moved on to discuss […]
Who Does What? Common HOA Management Duties Defined
Some of the most common questions we receive are from homeowners who are unclear about how the property management company fits into their HOA-governed community. It’s understandable: HOA management is full of industry jargon, mysterious acronyms, and documents with complicated names. In this article, we’ll provide a succinct, easy-to-understand outline of common HOA management duties, […]
“Pay Up Or Else!” — Motivating the Habitual Late Payer
As every manager knows, collecting everyone’s fees is crucial to an HOA’s success. Every homeowner in your association agreed to pay the fees when they moved in. (Hint: most HOAs have better luck collecting payments online as opposed to checks.) But each and every month, every HOA in existence deals with late payments. There are […]
Ban on Pets in the Laundry Room Could Boomerang (NY)
A co-op board has updated its pet policy, specifying approved entrances and exits and forbidding pets from lingering in common areas, including lobbies and laundry rooms. The rule applies to service dogs and emotional support animals, and it carries a $225 fine for every violation. Can a co-op board do this? Read the article…………………..
Balancing Access to Sensitive Information
During the course of their tenure on an association’s governing board, board members will come into possession of a seemingly endless amount of information. While owners are entitled to access the association’s books and records regarding the general operation and management of the association, there are certain categories of sensitive information that board members should […]
HOAs Get Tough on Delinquent Residents
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………………..