Congratulations! You’ve just been elected to your Board of Directors – now what? Or maybe you’ve been serving as a volunteer director for some time and you just aren’t sure which way is up. If you have been dazed and confused but still have a passionate heart to do the right thing in the best […]
The Importance of Being Treasurer
I attend a lot of annual meetings. When the re-elected or newly elected board of directors has its first meeting, there is a very large expectation gap between what many directors believe their job functions are and what they actually should be. If you look at the bylaws, it’s pretty clear. In many instances, the […]
Keep Rodents Away In Your HOA
Few pests evoke stronger revulsion than rodents. While the manager of an industrial facility may tolerate an occasional rat, not so with homeowner associations. The demand for action is immediate…Get rid of them and I mean Now! Most people believe that rodents have limited value. Norway rats, roof rats and common house mice live off […]
Kass: Defining Who Owns What Is Critical
Question. It’s almost fall. I am on the Board of Directors of our homeowner association, and know that we will start getting calls from owners to make repairs to such things as the streets, our tot lot, and the community recreational facility. However, we often get requests to repair (or replace) such other areas as […]
How to Slow Down Speeding Vehicles in Your HOA
Fall is right around the corner, and with outside maintenance needing to be done and kids going back to school, your community can be quite active. It’s no secret that speeding cars on private roads is an common concern that can result in serious consequences. Give your residents peace of mind by using these tips […]
California Coastal Cities’ Lone Fight for Short Term Ordinances and its Impact on Homeowner Associations
California’s housing crisis has made short term rental regulations an even more urgent concern for leaders across the state, and some cities have already set their own regulations. These regulations and internal homeowner association rules and CC&Rs provisions sometimes collide. Here is an update based on recent case law and local ordinances. Read […]
Condominium Authority Tribunal Decision – No Access to Owner Personal Information on Proxies
In a recent case (Janet Cangiano v. MTCC No. 962), the Ontario Condominium Authority Tribunal (the “Tribunal”) refused an owner’s request to receive unredacted proxies that would disclose the owners’ names and unit numbers. The owner wanted to audit the election of directors “with full transparency” as more than double the number of proxies had […]
4 Strategies for Improving Cyber Security for Your Community
Your community association collects a wide range of data about your residents–including, in some cases, sensitive financial records, including credit card information and other data. You want to be sure that you are providing the maximum possible security to members of your community. If you need to improve your cyber security setup or you are […]
Collect What is Due: Effective Association Collection Strategies and Policies (FL)
One of the most consistent challenges for condominium association boards in Florida is receiving dues and assessments in a timely fashion. Therefore, it is vital for a COA or HOA to apply effective association collection strategies as part of their management activity. This video presentation recorded by attorney Brittany N. Snell outlines effective association collection […]
The Condo Coverage Puzzle
Have you ever watched someone try to finish a jigsaw puzzle with pieces missing? There are still a few hundred pieces to place, but there is one open space in the middle of a grove of trees that beckons to be filled. The puzzler spends hours combing through pieces that look like that hole. Eventually, […]
Maximize Votes at HOA Election
Many HOAs and condominium associations have annual meetings coming up this time of year, or special meetings to amend their covenants, conditions and restrictions (“CCRs”) or bylaws. What is the best way to collect the votes your HOA needs to elect a board or get that important change to the CCRs or bylaws passed? […]
Organizing Window Replacement in Associations: Money Saving Tips
Windows play a key role in the integrity of your building and should be maintained actively as part of the complete building system. Saving money through reduced energy usage and reducing maintenance is the goal of the association at large as well as individual unit owners. Ideally windows should be replaced collectively so as not […]
Considering Your Budget In Summer
Between the accounting, meetings and receiving community approval, just the thought of preparing an annual budget for your homeowners association may be enough to make you cringe. If given plenty of time to draft and review, your association can successfully create a budget that benefits the community. Establish homeowner buy-in and less conflict with these […]
Community Associations Signing Assignment of Benefits May Be Giving Away the Kitchen Sink
If your Association has suffered a property damage loss, chances are the Association has been asked to execute an Assignment of Benefits (“AOB”) by a vendor. An AOB is a document signed by a policyholder – in this case the Association – that allows a third party, such as a plumber, contractor, roofing company, or […]
When Misguided Attempts to Keep HOA Fees Low Affect the Reserve Fund
The reserve fund of a homeowners association is often misunderstood by members and sometimes the HOA board as well. Some see it as a slush fund that is to be used on a “rainy day”‘ when the association gets low on cash in the operating account. Others, although they may understand the need to have […]
Fight Fraud With Board Oversight and Strict Internal Controls (NY)
As auditors, we’re required by professional standards to make certain inquiries of the boards in connection with our audit. One of the topics we discuss is their internal control procedures. We assess the risk of material misstatements in the financial statements and consider the co-op or condo’s internal controls as we plan our audit. We […]
Two Good Reasons for Promoting Owner Occupancy (NY)
Many professionals – lawyers, property manager, lenders – encourage co-op and condo boards to promote owner-occupancy of apartments as a way to maintain a high quality of life and robust credit-worthiness. An abundance of subletters, the reasoning goes, hampers a sense of community and makes a building less attractive to lenders. Read the article………………
North Carolina HOA & Condo Association Insurance Requirements & Considerations
As North Carolina HOA/condo attorneys, we are regularly asked “What insurance policy should our association buy?” Our answer is always the same: “Talk to your insurance professional.” That’s because while an HOA/condo attorney can assist with what insurance is required by state law and the governing documents, an insurance professional can best advise on what […]
Automation Leads to Smart HOA Communities
With so many Americans living in communities that are managed by HOAs, the need to improve management efficiency and effectiveness is greater than ever, and HOA members expressing a lack of communication or functionality is common. Incorporating automation into your HOA solutions can alleviate this frustration, improve resident-board relations, and add some cost effective measures […]
Responsibility for Repairs Whose Insurance Pays? (NY)
There’s an old adage that ‘insurance is for pessimists’ – but that’s very much not the case. In the world of home ownership, and especially in shared communities, proper insurance is a critical factor in protecting not only your most important asset – your home – but also your pocketbook and your neighbors’ pocketbooks. It’s […]
Assistance Animals and the ADA: What Community Associations Ought to Know
Many may recall the recent story about the airline traveler seeking to bring an emotional support peacock (Dexter) on board an airplane. While the story received much national publicity, the reality appears to be that assistance animals and emotional support animals are becoming more commonplace in everyday life. Stories such as Dexter’s present some interesting […]
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 […]
5 Reasons Your Association Needs a Business Plan
Being selected to serve on the Board of Directors is a great compliment from your neighbors, but it’s also a significant responsibility. In every role on the board, you must act on behalf of all who have appointed you as the decision maker for the community. But, when you consider the various needs, conditions and […]
HOA Living: How to Read Your CC&RS
Your community’s CC&Rs (Covenants, Conditions & Restrictions) are probably 100+ pages packed with legal-sounding jargon. It can be a lot to get through. If you just moved into a community—or decided to finally crack open your governing documents after living in an HOA for awhile, here’s some good news: there are really only two main […]
Going Green: Installation of Electric Vehicle Charging Stations in Condominium Parking Areas
Florida is blessed to have abundant, beautiful natural resources: beaches, rivers, lakes, wetlands, and forests. The Florida legislature has adopted multiple laws aimed at protecting the state’s environmental resources through conservation and promotion of clean energy. In furtherance of this policy, on March 23, 2018, Governor Rick Scott approved House Bill 841 amending Chapter 718, […]
Goldilocks Approach: Hoping to Keep Grass Green and Water Waste Down (AZ)
Jose Alvarez, a supervisor at R. H. Dupper Landscaping, stood up from changing a sprinkler nozzle on a large grassy field at a homeowner’s association (HOA) in Chandler, Arizona. He surveyed the turf, a patchwork of green and brown. “It looks terrible,” he said. “The sprinklers, they don’t have enough pressure, and they spray, like, […]
Putting the Puzzle Together Regarding Insurance Coverage and Exclusions (FL)
In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? Read the article………………
What Did You Say?
In the community association world, it is fundamental for board members, managers and decision-makers to have good communication skills in order to succeed. Such skills are important in any business, but in community associations where membership and dues are mandatory, good communication is critically important. Read the article………………
A Fairy Tale About a Co-op Full of Happy People (NY)
It sounds like a fairy tale, except it didn’t happen once upon a time; it’s happening right now. And it’s not happening in a galaxy far, far away, but right here in New York City, in a Lenox Hill co-op at 401 East 65th Street. In this 137-unit, 16-story building, the shareholders routinely applaud the […]
Community Golf Course? Some Things to Consider
“Golf” communities have historically been amongst the most popular specialist recreational communities. In the 1990s, many communities were developed around golf courses, and buyers would pay a premium. However, golf lacks the popularity it once had, and associations have to consider what they are going to do as the number of rounds diminishes, and the once […]
Cyber Security for HOA Communities
In this modern age where nearly everything is done electronically, it’s important to have a cyber security plan in place for your HOA. As a board member, you’re responsible for safeguarding the information of all residents in your community, and it’s essential for you to have both an official cyber policy and an emergency plan […]
Talking ‘Bout Your Generations
Four distinct generations—matures, baby boomers, Gen Xers, and millennials—own homes in community associations and are in today’s workforce. The mix of characteristics and diverse workstyles of these generations has the potential to lead to miscommunication and discord. It’s little wonder board members and managers are looking for guidance on how to create more compatible and […]
Are Residents Not Engaged in the Community? ?5 Ways to Re-Engage Them!
Have you been reviewing the communications sent to your residents in the past few months and found that they aren’t opening emails? Or perhaps, they aren’t reading text messages about ground maintenance and unpleasantly surprised with the noise. A resident might not be engaged in the community for several reasons. Let’s take a look at […]
Pool And Playground Legal Check Up In Your HOA
With summer here, it’s time to make sure that your pools and playgrounds are legally ready for action. With the proliferation of lawsuits and regulations, there are sound reasons for doing a legal checkup. Read the article………………
The Unstoppable Rise of the Emotional Support Animal (NY)
A shareholder at a pet-free Manhattan co-op assumed that the dozen dogs in the building were service animals, vetted by the management company’s lawyers – but was shocked to learn they’re emotional-support pets. Why is the co-op obligated to accept animals that are not licensed service dogs despite its no-pets policy? Read the article………………
Duties, Standards of Conduct, and Liability of Directors in North Carolina Condos/HOAs
Congratulations! You’ve just been elected to your HOA/condo association board of directors. Your new position shows your fellow members respect you and trust your judgment. By the way, did anyone describe your duties or mention that you could be financially responsible for actions? Read the article………………
Put That Budget Surplus to Work (NY)
Having too much money is a problem most co-op and condo boards would love to have. But it’s important to deal with a windfall wisely. In the past, if a co-op showed a profit in a given year, it would be able to offset that with depreciation. But we’re reaching the point in 2018 where […]
Top 5 Ways to Avoid Board Member Burnout
It’s a great compliment to be selected to serve as a board member for your community association, but it’s also a big responsibility. From meetings to budgeting, the role of a board member is extremely robust, and when just a handful of people are the designated decision makers for an entire community, it can be […]
The Main Provisions of a Financial Management Agreement for a Condo Community or Home Owner Association (HOA)
So you decided to have a company help your board perform the monthly accounting tasks to operate your community. The commencement of this service is documented with a Financial Management Agreement. The agreement will help explain what tasks will be performed, when they will occur and what they will cost. The more information included in […]
A Deck Up on the Roof Can Get Complicated
Life is more complicated than it used to be. Back in the day, when you wanted to put a roof deck on your building, you just hired a contractor and he came and put a surface on top of your roof so that people could walk on it. It might be wood, it might be […]
Budgeting Tips for HOA Boards
It’s hard enough to manage personal financials, with medical expenses, home and car insurance, mortgages, etc. So, how should you, as a board member, best tackle the finances of an entire HOA, especially when your term on the Board is comparatively short compared to the financial history of the HOA you’re in charge of managing? […]
The Business Judgment Rule: A Shield for the Community Association Board Member and Directors (FL)
Disputes between community associations and their members are common. These disputes may evolve into lawsuits. In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages. Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty. […]
HOA Resolutions and Your Board
The governing documents are in place to give your board a solid reference and a basis for every decision that is made during meetings. However, sometimes these documents can be ambiguous, outdated, or incomplete. One of the board’s main responsibilities is creating resolutions to solve these basic problems and to keep your association running smoothly. […]
Why Condo & HOA Management Companies are Unresponsive
I hear it all the time: “my community manager is unresponsive or a poor communicator” or No one at the management company picks up the phone or calls us back!” The first bad omen of poor service is that when you call your manager the phone goes to a voicemail box. When I owned a […]
Kass: Do All HOA Rules Have To Be Enforced?
Question: I live in a condominium complex where there is no enforcement of the “house rules.” I have noisy neighbors, neighbors with three cars (for their two-person, one-bedroom condo), neighbors who erect anything and everything on the common elements. The Board of the Association does not appear to be doing anything about these qualities of […]
One Lapsed Homeowner’s Policy Can Swamp a Building (NY)
If you live in a condo or a co-op, at some point you’ll probably be required to buy a homeowner’s insurance policy, also known as an HO6 policy. What you may not know is that there are many people who don’t have active homeowner’s insurance policies. How can that happen? Read the article………………
Making Cost-Cutting A Priority In Your HOA
Many homeowner associations find it challenging to accumulate the funds they need to provide a reasonable level of services and maintenance. Simply keeping up with inflation currently calls for a 2-3% annual increase in revenue. But fighting inflation can be easy if the board makes cost-cutting a priority. Start by identifying the high-ticket items. Read […]
Is a Homeowners Association Required to Install and Maintain AEDs? (CA)
The issue of whether or not a homeowners association is required to install and maintain an automated external defibrillator (“AED”) on-site is a question that has not been directly addressed by California courts. As a result, many community members and Board of Directors (“Board”) seek legal guidance and clarity as to the same. In particular, […]
Oops! Who’s on the Hook for Eight Years of Unbilled Fees? (NY)
Most co-op and condo boards rely on the vital income from various fees – for parking, sublets, and the storage of bikes and other belongings. But at a tight-knit, 15-unit co-op in Manhattan, the board recently discovered that one shareholder has never been charged for his storage space, which costs $40 a month. His eight […]
Terms Every HOA Board Should Know
As a volunteer member of an HOA board, you are bound to encounter terms or situations that are unfamiliar to you. Much of the time, you’ll be able to learn as you go, picking up new terminologies, ideologies, and ways of handling different situations. However, there are some terms that you should be familiar with […]