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 […]
The Importance of an Annual Audit
An audit is the highest level of review of an association’s financial books and records and is typically required to be performed annually by an association’s declaration. Here are three reasons why annual audits are important for your association. Read the article…………………..
Part V: Community Rule Development & Enforcement- Resolutions
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the topic of Resolutions. There are four basic types of resolutions for a community association: Read the article…………………
Decorating with Flair… While Keeping it Fair (FL)
Decorating is one of the most fun aspects of the holidays. It’s the time of the year when your lawn goes from the same everyday style to a winter wonderland. If you’re in a community with an HOA or are looking to keep everyone in your neighborhood happy, this one’s for you. Read the article……………….
Simple Holiday Decoration Guidelines in an HOA
Homeowners typically love to show their holiday spirit; so limiting holiday decorations is not a viable option for any board. Instead, focus on how to encourage your community to celebrate the holiday season in a tasteful and reasonable way. For most, the holiday season is a time of cheer and goodwill; however, concerns about discrimination […]
Condo Boards Can Help the Community and Themselves by Adopting Technology
No one wants to be on a condo board. From running board meetings, keeping track of board members’ responsibilities, to keeping track of violations, being on a condo association board can mean a lot of work added onto someone’s already busy day. But, someone has to do it. And for those people that step up […]
Wrestling Over What’s Makes a Rule “Reasonable” (NY)
What does it mean when a co-op’s proprietary lease or a condo’s bylaws state that “consent shall not be unreasonably withheld”? Is the Business Judgment Rule standard used? If not, what is the standard? These are the issues addressed by the court in the case of Perrault vs. Village Dunes Apt. Corp. Read the article………………….
Condominium Association Conflict Of Interest And Required Disclosure (FL)
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of a conflict of interest. Read the article………………..
3 Options if You Need to Make a Big Repair NOW in Your Association
As a general practice, what does an HOA board do if there’s a problem in the association that exists right now, but not enough money in the reserves to fix it? Is issuing a special assessment the way to go, or can the board use other funds in the reserves? In other words, the problem […]
Hanging the stockings with care: Developing a holiday decoration policy that doesn’t turn into a lump of coal
With their celebrations, gifts, and good wishes, the holidays are a time to be thankful and festive. Often that means decorating your home, office, and even car. But in some community associations, a resident’s seemingly innocent act of holiday cheer can be interpreted as a malicious disregard for association rules. Read the article………………….
How to Find Your CC&Rs
CC&Rs, or the covenants, conditions, and restrictions, are rules that homeowners living in a certain area are required to abide by. They are also sometimes referred to as the association’s governing documents. The CC&Rs often contain building restrictions and space limitations, decorative limitations, prohibitions on non-residential uses of property, pet restrictions, fence limitations, and yard […]
Short-Term Rentals: New Municipal Regulations & HOAs/Condos (NC)
The convenience and cost of Airbnb, VRBO, Homeaway and other platforms have made short-term rentals (sometimes called “STRs” or “STVRs” for “short-term vacation rentals”) a booming business. Airbnb said earlier this year that it has over 640,000 hosts and 4 million listings! That said, short-term rentals can bring concerns. For one, too many rentals may […]
Maintaining Security in Your Association: Best Practices for Better Results
Whether it be a detached single-family house, or one unit among hundreds in a high-rise condominium, a home should be a safe haven: a place where you can seek refuge from the elements and all the other risks and cautions of the world. Given how precious that sense of security is, and how vital it […]
4 Benefits of Well-Funded Reserves
Managing an association’s finances and creating budgets that allow a community to preserve market values are key responsibilities for the board of directors. It’s essential that a board budgets for the future repair or replacement of major components in a community reserve fund. An up-to-date reserve fund is critical to the financial management of a […]
6 Fun Holiday Events for Your HOA Community
During the holiday season, you have more chances than ever to bring your community together. When you live in an HOA, you want to host activities that will encourage everyone, young and alike, to participate. Try some of these ideas to bring everyone out of their homes and encourage them to interact. Read the article……………….
Preparing for the Deep Freeze of Winter in Ohio Community Associations
The warm and beautiful Summer days of Ohio have come and gone for yet another year. The leaves have changed colors and the temperature is dropping rapidly. This can mean only one thing – freezing temperatures and that dreaded white stuff will soon be here. As we prepare ourselves mentally for the departure of the […]
FHA Requests for Reasonable Accommodations and Modifications (AZ)
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example […]
Preparing Your Community for Emergencies: Readiness Is Everything
Planning for a rainy day is pretty easy. Have an extra umbrella handy or a waterproof coat, and you’re probably fine. Planning for the rainiest day ever, on the other hand, is significantly more daunting. Especially if during that day there’s also a fire, an earthquake, or a tornado. It may sound like exaggeration, but […]
4 Tips for Celebrating the Holidays in Your Homeowners Association (CA)
During the holiday season many homeowners association members plan festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that the HOA board reminds residents who are hosting celebrations to not only be considerate of their neighbors, but also take note of the Association’s rules. Read the […]
Limiting Director Liability – Because the Pay Just Isn’t Enough (CO)
I want to serve on my community’s board of directors for the lucrative salary . . . said no board member ever! Nevertheless, serving on the board of directors for your community can be a satisfying and rewarding experience. But sometimes boards hit rough patches and fall under the scrutiny of their owners, who can […]
Frozen Pipes and Finger Pointing (CO)
A wise person once said: “Never make snow angels in a dog park”. That is good advice. Another piece of good advice is to be prepared, this winter season, for frozen pipes and finger-pointing. When the temperatures plummet, condominiums and townhomes often experience frozen pipes and resulting water leaks. When that happens, everyone starts pointing […]
Rule Enforcement Authority of Rules and Regulations made by a Community Association Board (FL)
The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members. The creation and enforcement of an association’s rules and regulations are often areas of uncertainty and doubt for community association board members. Because rule […]
Takeaways from HOA’s Handling of “Parkland Strong” Yard Sign Controversy (FL)
In the aftermath of one of the worst school shootings in U.S. history, the residents of Parkland in Broward County have taken pride in the resilience and unity that they have demonstrated as a community. Memorials and messages of support were placed throughout the neighborhoods and enclaves surrounding Marjory Stoneman Douglas High School, and signs […]
Eight Warning Signs For Your HOA Finances
Although no one wants to look upon other board members with suspicion or doubt, there is a risk of fraud and mismanagement with any HOA board. There should always be checks and balances, and your board should always be on the lookout for any red flags that may indicate that your funds are being handled […]
All About HOA Easements
Does it ever seem like easements fall into that “gray area” or who owns what, who is responsible for what, and who has to follow which rules? If so, this post is for you. We hope the following will help make the topic of easements more clearly defined as black and white. Read the […]
Frozen – Flooded and Frustrated
Have you ever seen what happens to an aluminum can when it freezes? Or more succinctly – have you ever seen it after it’s ruptured and the contents have thawed? The power of ice and water (or liquid) is nothing short of awesome. Ice carved the great valleys of our country – and we all […]
Training Tips for New HOA Board Members
Homeowners association board members are an elected group who are tasked with making important decisions on behalf of the association. Each board member brings their own proficiency and experience to their role which can be a huge asset to the HOA. However, because they are volunteers, nearly all new board members lack experience with the […]
Murder in Apartment 3P (NY)
It was a grim and bloody night at the Sea Cliff Towers co-op on Staten Island. The New York Times carried this terse account: “A fight between two friends who were dating the same woman ended in the death of one of them, the police said yesterday. On Wednesday night, Michael Cafferata, 33, was visiting […]
Get on Board! How to Increase Member Participation at Community Meetings
One of the conundrums of co-op and condo life is how to keep members involved and interested in the governance of their building or association. Many residents are delighted to own, but less than excited to participate. That lack of engagement can ultimately cause problems–not just in the form of a limited pool of volunteers […]
Renting in an HOA? Understand the Responsibilities of You and Your Landlord
Every day, more people decide to rent property from within homeowners associations. Leasing units can earn a nice profit for landlords, but this business venture comes with risks for renters. If property owners belong to a Homeowners’ Association, tenants may face unexpected issues. Some renters unknowingly break the HOA’s regulations and regulations. Others tenants learn […]
Condominium Association Statutory Required Websites – Facts and Myths (FL)
Section 718.111(12)(g), Florida Statutes, was added to Chapter 718, Florida Statutes in 2017, requiring that by July 1, 2018, an association with 150 or more units which does not manage timeshare units is required to post digital copies of the documents specified in the section on its website, and lists specific documents that are required […]
Tips for Winter Landscaping HOA Common Areas (TX)
Winter landscaping is a great way to enhance the natural beauty of the season. From adding shrubs that produce a pop of color to focusing on hardscapes—like benches and garden structures—you can make your HOA common areas beautiful and inviting this winter. Use the following tips to get started: Read the article………………