Disputes Over Signs and Flags in Your HOA (NC)

Few topics or disputes can get as emotionally charged as when a homeowners association tells a homeowner that they cannot display a sign or flag in their yard. Often these outward signs are expressions of beliefs which are at the core of these homeowners passions, but exactly opposing those of others, and the resulting arguments […]

Do You Know Your Fireworks Laws? (FL)

It’s time once again to celebrate the 4th of July! Millions of people will celebrate Independence Day throughout the country. Often times, the first thing people think of when picturing a 4th of July celebration is fireworks. While fireworks are very enjoyable to watch, there are some important things to keep in mind.   Read the […]

Tips for Preparing Community Association Landscaping for Summer

Evaluate your irrigation system and check it for leaks. If you live somewhere with water restrictions, consider replacing any part of your irrigation system that is older. Older systems use more water. Also, it might be a good time to consider whether you really need all of that water-hungry glass. Change your irrigation clock from […]

Homeowners Will Pay The Price For A Backyard Golf Course, One Way Or Another

Most everyone is familiar with the term “dead mall” to refer to a shopping center that has become stagnant and lost its anchors and many of its tenants. Now, suburban America is experiencing a new death right in their own backyards, one that is arguably much more difficult to address — and homeowners will be […]

Distinguishing Communities: An Overview of Condominium Associations, Common Interest Community Associations, Master Associations, & Cooperatives (IL)

Whether you are an experienced homeowner or a first time buyer in a community administered by an association, it is important that you understand the laws that effect how your association is maintained. Specifically, while you may have heard of the Illinois Condominium Property Act, the Common Interest Community Act, and the Illinois General Not […]

What Happens When Members Don’t Follow the Architectural Guidelines? (CA)

You’re a board member of a lovely homeowner’s association. On most days as you drive through your community you wave at fellow neighbors, share a friendly smile with passersby, and enjoy the neat landscapes and well-kempt houses. This particular day seems to be no different. The sun is shining. The birds are singing. You appreciate […]

Kass: When Disaster Strikes: What Is An Emergency In Your HOA?

Question: I am the President of our 98 unit condominium. Every so often, (and usually in the middle of the night) I get a telephone call from a unit owner (or our property manager) telling him that something has happened that needs immediate approval. For example, the other evening during a heavy thunderstorm, all the […]

It’s Now Easier to Preserve HOA Restrictions… for Some (FL)

Last year, I wrote an article warning homeowners’ associations (“HOAs”) that the enforceability of their covenants and restrictions (“Covenants”) may be affected by the Marketable Record Title Act (“MRTA”). In simple terms, MRTA can eliminate the effectiveness of recorded Covenants if they haven’t been preserved within 30 years from when the covenants and restrictions were […]

A Reserve Study Takes the Long (30-Year) View

A reserve study is a budgeting tool that helps boards plan for the replacement of all of the common-area components when they reach the end of their useful lives. These include mechanical systems, roofing, facades, and parking decks, all of which will ultimately need to be replaced over the course of a 30-year period. When […]

Smart Strategies for Association Budget Preparation

In order to operate a successful community association, there are many important facets of association governance that must be understood and implemented by its Board of Directors. One of the most important is the budgeting process. Most associations are “multi-million dollar non-profit corporations.” This means that the association board is often running a small to […]

Encouraging Participation in HOA Board Meetings

If an HOA board is only as good as its members, it is imperative that regular board meetings be well attended by actively engaged participants. This ensures that problems are solved in a timely manner, and is essential to the overall success of any community.  It’s not uncommon for even the most established HOA boards […]

Lessons from Hurricane Irma (FL)

With the 2018 hurricane season already upon us, and the National Hurricane Center predicting a near or above normal year, we can look back at the lessons learned from Hurricane Irma to ensure we are prepared this season.    Read the article……………..

HOA rules: Check your CC&Rs early to avoid buyer’s remorse

If you fall in love with a home in a homeowners association (HOA), check the HOA rules as soon as you can. There may be deal-breaking provisions in that document. For instance: Many associations ban outdoor smoking They may also tell you what kind of plants you’re allowed to have in your yard It is […]

Dear Boards: Suck It Up and Be Transparent

……Too many boards of directors of community association are nervous. Nervous about contention. Nervous about bad PR. Nervous about looking unprepared. Nervous about being wrong. Reflexively, they retreat into secrecy, even when state or local statutes require open meetings.  I get it. People can be tough. Most communities have hard cases living in them. I […]

Every Board Needs a Fidelity Bond. Here’s Why (NY)

A board treasurer’s heart will always sink when he notices a pattern of odd expenditures in the monthly run of checks. With a little digging, the treasurer might learn that the managing agent paid a small amount each month to a phony vendor, a limited liability company set up by the agent.   Read the article……………..

Swimming the Dangerous Waters of the Fair Housing Act

As the weather warms up, community association pools are open and ready to be enjoyed. In addition to cleaning the pool furniture and testing the chemicals in the water, boards are tasked with the responsibility of creating rules to protect against harm to those using the pool. Boards must remain diligent so their well-intended rules […]

Fireworks in the HOA

Summer celebrations are gearing up, and the commemorative fun often includes the bright, colorful addition of fireworks! Safety and consideration for others should always be a priority, and are especially important when handling or viewing fireworks within and HOA.  As firework season approaches, it’s worth reminding association members of the following tips to ensure a […]

Exterior Lighting Tips for HOA Communities

If your community is looking for a quick and fairly simple way to improve safety and curb appeal, it is time to consider exterior lighting. Without dark spots and shadows, thieves don’t have places to lurk and your community will immediately reduce its chance of being targeted for burglaries. And as an added bonus, exterior […]

8 Tips For Setting Up A Community Garden

Community gardening is a trend that is growing in many communities as more and more people are seeking to eat right and do it in more affordable ways. This has led to many homeowner associations establishing community gardens that will produce fresh produce for everyone in the community to enjoy.  The following are eight tips […]

Balance and Boundaries as an HOA Board Member

You’ve heard the stories­—or maybe even experienced them—of homeowners treating a Board member as a scapegoat for their complaints. HOA Board members are the unfortunate target of many homeowner concerns and frustrations, but your service to the community doesn’t have to be doomed to become a hassle. With the help of boundaries and efficient systems, […]

4 Things to Consider Before Removing a Board Member

It may come as a surprise to you, but occasionally a board member needs to be removed from the board.  In some cases, a conflict of interest or unethical behavior may be grounds to remove an individual from the board. In other cases, the behavior of a board member may become so obstructive that the […]

Clarifying the Community Manager’s Role

Community managers have two primary responsibilities: to carry out policies set by the board and to manage the association’s daily operations.  Some residents expect a community manager to perform certain tasks that just aren’t part of their job description. When the community manager doesn’t meet those expectations, residents are unhappy. The following should help homeowners […]

Finding HOA Board Life Balance

Successfully balancing a career and personal life while serving on your HOA board may sometimes feel daunting, but it’s not impossible. This week, we look at some ways to achieve balance across all areas of life while meaningfully serving your community.    Read the article………………….

This Park Avenue Co-op Board Knows How to Listen (NY)

John Feeney understands that a building is a living thing, an organism. And like all living things, a building must adapt – to changes in the ages and tastes and needs of its residents, to changing governmental rules, to changing times.  Feeney’s building, at 1095 Park Avenue, was designed by the legendary firm of Schwartz […]

Setting the Ground Rules for Neighbor Disputes

If you’ve lived on planet earth for very long you’ve probably had a problem with a neighbor.  Neighbor vs neighbor disputes aren’t new, and they definitely aren’t unique to homeowner associations, but, when these confrontations arise in a common interest community, the HOA can get stuck in the middle. In many cases, it’s difficult to […]

Who “Declares” What Alterations Are Made? (FL)

Can a Board of Directors vote on material alterations to a condominium building without a member vote? You may be surprised by the answer.  Section 718.113(2)(a), Florida Statutes, contains a well-known restriction on “material alterations” to the common elements of a condominium building, which provides as follows:  Except as otherwise provided in this section, there […]

4th of July Fireworks Safety Tips for Community Associations

Celebrating our country’s freedom on July 4th should be an enjoyable time for all. Grilling out, watching fireworks, and decorating with patriotic items are all ways to have fun at this time of year if you plan on celebrating from home.  If you live within a homeowners association, HOA, then you should also remember that […]

3 Fire Safety Precautions You Must Take This Summer

I love the summertime. To me, nothing’s better than having my kids and grandkids over for a swim in the pool – following it up with a barbecue. Believe me, nothing beats being the grandpa with a pool. I’ve always taken the time to explain to my grandkids how we stay safe when on my […]

Celebrate a Fun & Safe July 4th in Your Homeowners Association

How will you be celebrating the 4th of July? If you’re traveling to visit friends and family or taking a vacation, bon voyage! If you’re sticking close to home and celebrating with barbecues, bathing suits, and bright fireworks in your homeowners association, there are some important things to consider. If you’re an HOA board member, […]

Pollution Insurance Is a Small Price for Big Peace of Mind (NY)

Some property managers advise co-op and condo boards that there’s no such thing as too much insurance coverage. Given the times we live in, many boards are now considering – and buying – policies to protect themselves against dangers that were unimaginable even a few years ago, such as cyber-theft or sexual harassment claims. And […]

Financial Best Practices and Transparency – The Latest Tools to Help Communities Safeguard their Funds

Protecting community finances key assets such as bank accounts and reserve accounts is one of the board’s top jobs. Your associa-tion’s financial soundness affects every member of the community through the ability to pay for services, maintain your property and overall unit values. This article will provide an overview of several financial best practices and […]

How To Write Up Board Meeting Minutes

The regular monthly meeting of the board of directors of Peaceful Community Association was called to order at 7:06 p.m. at the Boxwood Recreation Center, Tuesday, March 2, 200X, by the president, Mr. Matthew Dunford. The secretary was present.A quorum was present with the following directors in attendance: Mr. Matthew Dunford, Ms. Hailey Applegate, Mr. […]

Self Management: Investigating the Hybrid Management Option

Self managing your community can be a good way to save money. However, sometimes the size or complexity of a property or the projects at hand may become too much for a volunteer board to handle on its own. If your community is having difficulty dealing with issues you may want to consider a “Hybrid […]

How to handle pest problems

Last month, a Florida woman was awarded a $5 million settlement from her homeowners association and community management company for not warning residents about a snake problem in the community. When stepping out onto her back patio in July 2015, a water moccasin bit her toe. The woman was lucky to live, but her leg […]

Water Damage Claims in Your Condo Association

Many condominium associations face problems due to a misunderstanding of how their association’s policies of insurance operate and should be utilized—especially in connection with property damage emanating from broken pipes or plumbing fixtures. Those problems include, among others: (a) denying owners the benefit of the insurance coverage to which they are entitled; (b) having the […]

Co-op and Condo Boards Need an Institutional Memory (NY)

Co-op and condo boards who don’t keep good records are likely to repeat past mistakes. That’s why it’s important for new and veteran board members to know the history of their building. Knowing that history will help them understand which problems need to be addressed in the future.    Read the article………………

How to Tame an Unruly Meeting

Board members and managers alike can all recall meetings that left them scratching their heads wondering how in the world things could have gotten so out of control. The supportive homeowners leave, while the rowdy ones stay and escalate the situation. The board members (and often the homeowners and the manager) feel beaten up and […]

HOA Management Best Practices

Every management company brings their own unique style to the accounts they oversee. However, there are a few things that every HOA board should expect, no matter the size of your community or the reach of your management company.  Here is a list of the best practices we compiled from delivering decades of HOA management […]

HOA Pencil Sharpening: Crunching The Numbers

Now is the time when most homeowner associations count last year’s costs and crunch next year’s numbers hoping to squeeze blood out of a turnip. Often it’s so dry, there isn’t even any turnip juice left much less any O positive. But crunch you must. Here are some of the ways to make the cash […]

A Little Good Will Can Avoid a Lot of Grief for Condominium Developers

Condo developments have three phases, equivalent in the minds of many developers to the “stages of grief” that describe the mourning process. There is no question that construction glitches, quarrelsome owners, litigation, or the threat of it, that plague some projects can make many developers mourn their career choice. But the development process doesn’t have […]

Condo Association Liens Can Step In Front of Second Mortgages (IL)

Most condo associations know that there is a process through which they can receive up to six months of assessments plus legal fees and costs in the event they institute an action to collect assessments and the property goes through foreclosure. What many of them do not know is that the condo association’s lien can […]

Voting by Proxy at HOA Meetings: What you Need to Know

As a board member you’re guaranteed to run in to people who vote by proxy, so it’s important that you understand the process and possible implications of it. The biggest question we get about proxies is “What is it?” A proxy is simply a document that an owner signs to appoint someone else to vote […]

Don’t Get Blindsided By Capital Projects (NY)

What is blindsiding? It’s a phenomenon I come across a lot when I have to give boards bad news. An example would be when we do a facade inspection. Local Law 11 mandates it every five years, and the board asks us to tell them what’s wrong with the building and what they need to […]

Why Scoop the Poop?

Americans adore their pets. More than 43 million dogs and 36 million cats live in U.S. households—and many of them belong to the 68 million Americans who live in homeowners associations, condominiums, cooperatives, and common-interest communities. Besides being a nuisance, uncollected pet waste is a serious problem. Remember these facts:    Read the article………………..

Summer Safety Tips for Your HOA

Summer break offers excellent opportunities to spend time with family! With open community pools, vacations, and day trips with the kids, we’re sure you’ll be plenty busy in the coming weeks. We know board members like you are committed to ensuring the safety of homeowners who enjoy HOA amenities during weekend barbecues and pool parties. […]

New Developments and HOAs

These days most – if not all – of the new housing developments in Southern California are governed by a homeowners association. Establishing an HOA is one of the ways that developers aim to maintain the success of the community and preserve property values in the future. But how can an HOA meet the needs […]

Promoting Fire Safety in Your Community Association

Part of your job as a board member is ensuring the safety of residents in your community association. To that end, it’s important to educate homeowners about possible fire risks and the steps they can take to prevent fire hazards in their homes.     Read the article……………….

Can my North Carolina HOA ban smoking?

I get asked this question frequently. With more public and private facilities now smoke-free, and the knowledge of the dangers of even remote second hand smoke widespread, non-smoking owners and board members start to wonder if they can limit or even prohibit smoking within their communities.     Read the article………………