Emerging technologies like the internet and cell phones have shifted how we function in most aspects of our lives and created heightened expectations towards effectiveness and efficiency. And although the impact of technological advancement can be felt in pretty much every industry, many community associations are reluctant to leverage it to improve the way they […]
Rule Development and Enforcement for Community Associations Part 1
Over the course of the next few blogs, we will be providing a brief overview of rules and architectural guidelines in community associations, including: • Scope of Rules and Architectural Guidelines • Developing valid and enforceable Rules using formal rule making procedures • Four Types of Resolutions for Community Associations • Developing and implementing a due process procedure for […]
Five Reasons for Joining a Co-op or Condo Board
Co-op and condo board service has its drawbacks. The pay is non-existent. The hours are long. It is almost guaranteed to stoke the ire of someone in the building. And, oh yes, it can get you sued and it rarely generates so much as a word of thanks. Yet sane people continue to volunteer to […]
Things an HOA Board Should Consider When Planning Next Year’s Budget
Preparing next year’s budget for your homeowners is one of the most important undertakings for the HOA board. Fiduciary responsibility is something you pledged to look after for your community and this is an area where that really comes into play. There are a few things the Board should consider for next year’s Association budget. […]
Chaos to Control: Getting the Reign on HOA Board Meetings
Preparing and running an HOA Board Member meeting can sometimes feel like a difficult and daunting task. Do you feel like the meeting goes too long? Do you feel like you and your fellow members have difficulty making decisions for important tasks? Perhaps you feel like you never accomplish everything that needs to be done? […]
Swimming Around Pool Rules in Community Associations (FL)
A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against […]
Working With Your Support Professionals: How (and When) Boards Should Speak Up
Attorneys and community association managers can be a godsend for the board of a co-op, condominium or HOA. Most boards consist of volunteers who usually have quite busy external lives themselves, so having an experienced professional on the team for advice, guidance, and enforcement of policy can be a huge help. Read the article………………
Your Board’s Legal Obligations: Fiduciary Duty, Disclosure, Meetings, and More (NY)
The board of a condominium, cooperative or homeowners’ association has a fiduciary duty to make decisions in the best interest of the community as a whole. But individual board members may have different ideas as to what those decisions might be, and some may even have joined the board more for self-serving reasons than as […]
Reigning in Chaos at a Disaster Scene: Tips for the Property Manager
If you are the property manager of a multi-unit residential building, you have no doubt developed a plan for emergency or disaster situations. Fires, flooding, storms, tornados, and hurricanes can wreak havoc on a multi-unit residential complex. The chaos that immediately follows can cause a ripple effect on survival and business continuity. Read the […]
What to Do When a Board Member Resigns (IL)
It’s a fact of life: sometimes Board members resign. Whether due to selling their unit, a change in personal circumstance, a lack of time to devote to association business, Board member resignation happens. Once the dust settles, the remaining Board members are left asking, “What now?” Read the article………………
How to Hold an Effective HOA Board Election
In any homeowners association, HOA Board elections can potentially become contentious, time consuming and complicated if not started off on the right foot. Holding an effective and fair HOA Board election is an annual event that helps decide who gets the responsibility for managing an HOA’s major financial matters and property maintenance issues. It is […]
Condo Board Members Conflicts of Interests and Service Providers in Florida
In Florida, the directors and board officers of a condo association, together with the members of their family and anyone who holds financial relationships with the officers and/or directors are entirely prohibited from forming any form of agreement with their condominium association under the terms of new regulations which have been put in place since […]
Common Mistakes of Board Members (FL)
It can be a wonderful experience being on the board of a condo or homeowner’s association. Many members really enjoy the experience of being active in their community, guiding neighbors regarding association matters, and getting to know the members of their community better. Board members generally take their positions seriously, and truly want to do […]
Is Your Neighbor Really A Nuisance? (NJ)
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]
Hiring a Manager Is Like Getting Married. Choose Wisely. (NY)
Hiring a new management company has been likened to getting married. So co-op and condo boards need to take a long hard look before they leap. A good first step, Brick Underground reports, is asking around the neighborhood and finding buildings that are well run. From this intel, a board can begin to create a […]
What should our Condominium Association Insurance Cover? Part I – Intro and Statutory Framework (VA)
Insurance is one of those necessities of life that we avoid thinking about until a problem occurs. At that point, we realize that the details of our policies do matter and that we probably should have spent more time reviewing them before it was too late. Read the article………………
Swimming Lessons in the Community Pool – What’s the Risk? (FL)
In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are […]
Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums (FL)
A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium […]
Managing Government Approval for Community Repairs and Improvements
Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a […]
Those Pesky Little White Balls
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of […]
4 Steps for Enforcing Short-Term Rental Violations in Your Community
In many communities located in popular vacation destinations, short-term rentals can pose long-term problems. The residents that come and go are more interested in having a good time than helping the community thrive, and that often means that they host loud parties, leave behind trash and can even pose a security threat. Concerns like these […]
HOA Board And Manager Authority
To achieve effective communications between homeowners and their homeowner association, it is important to understand the authority that belongs to the property management company, the board members individually and the board as a whole. For example, the management company may be able to solve a problem quickly while at other times, management may not have […]
Is your Association Protected Against Theft, Embezzlement and Fraud?
Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community. However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. Read the article………………
Can a Board Use Reserves for an Item Not Listed in the Reserve Study? (CA)
The purpose of the reserve fund is to plan for future repairs and replacements in the association. But what about components that you can’t see and aren’t listed in the reserve study? For example, plumbing supply lines that aren’t included in the reserve study and will end up costing somewhere in the ballpark of $50,000 […]
Are Your Meetings Keeping Minutes but Wasting Hours
Board meetings are integral to the function of an HOA. They provide an opportunity for directors to discuss governance issues by determining policies and priorities for the association. By following appropriate procedure, accepting homeowner input, and distributing minutes, meetings are influential in maintaining an involved and informed community. Unfortunately, these sessions can often “go off […]
Expertise Welcome – Up to a Point
Co-op and condo boards frequently recruit residents with professional expertise who can contribute to the projects they have planned for the next several years. While this expertise can be helpful, it should be exercised carefully. Problems arise when the new board members don’t fully understand their roles and how to deal with the other board […]
High Anxiety
As parts of Florida still recover from Hurricane Irma, community association leaders wonder whether they are prepared for the disruption and expense of the next big storm. Read the article………………
Best Board Member Budget Practices REVEALED
Approving the annual community association operating budget is one of the most important obligations of the board of directors. It is also the duty of the board treasurer to take the lead in this endeavor and ensure that a budget is approved in a timely fashion i.e. before the end of 2018 and in accordance […]
HOA Liens and How to Handle Them as HOA Board Members
“HOA Liens? What are those?” It’s a question lots of board members ask, so if you’re wondering as well then you’re not alone! In this post we’ll take you through a brief overview of HOA liens—what they are, what they impact, and how to remedy the situation as a board member. Read the article………………
Your condo building isn’t new anymore. Is it aging gracefully? (NY)
Prior to the recession of 2008, a batch of new condo developments came on the market. Some were well built while others were seemingly constructed in a hurry. Now that they’ve had a chance to settle into their bones, it’s a good time in their lifespan to see just how well they were constructed. Read […]
Service Dogs and Other Animals (CO)
Federal and state laws protect the rights of disabled individuals who need service dogs in places of public accommodation. Unfortunately, some individuals took advantage of the service animal laws to allow their pet to accompany them. As of March 15, 2011, only dogs (and miniature horses in rare situations) qualify as service animals under the […]
HOA Audits and Preparedness
Sometimes the word “audit” makes people nervous and uneasy, but the reality is they are part of any business. Your HOA should be prepared and know how an audit works and when it’s time to do one for your community. The first thing your board needs to do is understand when and why your HOA […]
Is Brevity the Soul of (Smart) Board Meeting Minutes? (NY)
It’s kind of ironic that in this age of transparency, board meeting minutes should be bare-boned. But they should. So keep them accurate, but sparse. Here’s why. Minutes of board meetings can be surprisingly revealing. Some minutes cover who voted on what, as well as off-topic conversations. You must always remember that minutes are actually […]
Fraudulent Transfers 101: What You Need To Know When Following The Money Trail (FL)
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed to the creditor. Unfortunately, many […]
Steps to Take When HOA Board Members Can’t Make Decisions (CA)
Some HOA boards have the need to discuss things ad nauseum and yet never come to a decision. It can be extremely frustrating when the same topic comes up on the agenda month, after month, after month, and after hours of discussion, nobody’s willing to say either yes or no. They either need more information, […]
Meeting Street: Safely Traveling the Road to Community Association Annual Meetings
Indeed, North Carolina law requires that all community associations hold a meeting of the association’s members at least once a year. Unfortunately, meetings of large groups, especially in the community association context, are inherently inefficient and can be more frustrating than they are useful. But this does not have to be the case with annual […]
School board member arrested at Success Village meeting (CT)
Often-controversial Board of Education member Maria Pereira has been arrested after a Success Village Apartments Board of Directors meeting got out of hand. The Wednesday night meeting concerned the removal of five Success Village board members. Sources said Pereira was supporting one of the board members being removed. The meeting had nothing to do with […]
Why Your Community Association Needs Flood Insurance
Do you know what the most common and costly natural disaster is? According to the federal government, it is floods. The unfortunate lesson from the 2017 hurricanes is that even elevated areas can flood. In fact, 20% of flood claims filed under the National Flood Insurance Program are made by homeowners living in areas considered […]
Five Steps to Greater Cybersecurity Health for Community Associations
Media reports concerning cyber attacks continue to increase. Over the past few years, some of the largest and well-known companies have been affected by data breaches. These companies have experienced millions of dollars in losses as a result. Even a small data breach impacting only a few thousand records can expose a business to significant […]
What Happens in the Boardroom Should Stay in the Boardroom
Co-op and condo boardrooms have at least one thing in common with Las Vegas: what happens there should stay there. Many new board members run on a platform about transparency, communication, and being a liaison between the board and the shareholders. All commendable reasons to serve, but not without risks. These good intentions can easily […]
Your Cheat Sheet for Creating a Rules Enforcement Policy
Living in a community association comes with certain responsibilities – such as abiding by the founding legal documents, paying assessments, and following the rules and regulations put forth in the declaration, bylaws and resolutions of the Board of Directors. Conversely, it’s the association’s job to establish an enforcement process that is fast and fair to […]
Committing to Committees
With August already behind us, many of you know the 2019 budget season is already upon us. Managers have already begun to pull various financial reports in order to start compiling their budgets to present to their Boards of Directors. As anyone in the industry will tell you, the budget process is a straightforward one, […]
Keeping it Private: Homeowners Struggle With Life on NYC’s Private Streets (NY)
Twice a week, 71-year-old Douglaston, Queens, resident Peggy Kalesis packs her trash-filled garbage cans into the back of her SUV and drives half a block from her home. She and her dozen Stuart Lane neighbors drop their trash in front of an understanding Depew Avenue resident’s home because Stuart Lane is one of the nearly […]
Important Parts of a Vendor Contract for Work in an HOA Community
HOA Boards often find themselves entering into vendor contracts for landscaping, pool maintenance, security, gate maintenance, and more. However, not all contracts are created equal. That’s why we’re about to offer tips to help you separate the good ones from the bad. Read the article………………
Collection Procedures Reviewed (FL)
Q: I was recently appointed as the treasurer of my association. I noticed that there are a couple of unit owners who have not paid their condominium fees for over a year. I asked the other board members what they have done about the delinquent owners, and they basically shrugged their shoulders and said that […]
Hurricane Irma Lessons Learned – One Year Later (FL)
On September 10th, 2017 Hurricane Irma struck Florida and caused damage that is still being addressed. What lessons did your community learn? Were you prepared before the storm with adequate hurricane protection on your property and emergency procedures and requirements already in place? Was your response after the storm as efficient as it should have […]
Association Myths Debunked: Emotional Support and Service Animals
Property Managers and Board Members oftentimes ask how to adequately handle matters involving Emotional Support Animals (“ESA”) and Service Animals. This issue typically arises within Associations with a “no dog” or “no pet” policy when an individual requests an accommodation to these policies for an ESA or Service Animal. Given the heightened sensitivity needed for […]
The #1 Problem Homeowners Associations Have With Management Companies
Are you tired of the lack of customer service from the management company your association has had for a number of years? It’s possible that the company was inherited from past HOA board members. Maybe they hired the management company because they liked a specific manager, but that manager no longer works for the company […]
Delivery Overload: Coping With an Ever-Increasing Number of Package Deliveries (NY)
The ever-increasing popularity of online commerce has changed peoples’ shopping habits — including the way apartment dwellers receive their deliveries. While concierges, doormen, and building superintendents have traditionally accepted packages on behalf of residents, the management and storage of those packages is evolving. Read the article………………