Unclear or unenforced parking rules can wreak complete havoc in your HOA community. Many reasons contribute to this: Communities built with poor planning for parking, poor signage or lack of clarity on parking rules, owners NOT using their garage as their primary parking spot as stated in the Governing Documents, owner having more vehicles than […]
Condo Developers Use Techy New Weapons In The Amenity Arms Race
As developers at the top end of the residential market know all too well, amenities can often make the difference in courting the small demographic that can afford the most extravagant residences. The result is an arms race among building owners to provide truly unique services and offerings — in this day and age that […]
Why You Need a Harassment Policy Right Now
Sexual harassment charges seem to be everywhere – from Hollywood to Washington to Las Vegas casinos. Yet the vast majority of co-op and condo boards have not taken steps to guard against the possibility of harassment claims. Legal experts agree that it’s time for boards to wake up. Opportunities for bad behavior – and litigation […]
Cold Weather Painting
Sometimes, despite our best efforts, things fall behind schedule or the weather changes and we’re faced with having to paint during the early months of the year, when temperatures are not always ideal. Your community may have already faced this, or maybe you will in the near future, so we wanted to take a moment […]
Service Animals and Your HOA
Having a community that does not allow pets can be a great thing for residents who are allergic to animals, have a fear of animals, or simply dislike the noise and the mess that pets can leave behind. However, there can be tension when someone with a service animal wishes to live in the community. […]
Is Your Company a Vendor or an HOA Partner?
If you’re only looking for the lowest price, we are probably not the right choice for you.” Without trying to sound arrogant or elitist, I have made this statement many times to prospective customers. While we may indeed end up having a lower price depending on who is the current provider and the other companies […]
Protect Your Association Against Expensive Employment Litigation
Most community associations utilize independent contractors to service their property. A general example of an independent contractor is an association’s landscaper who uses its own machinery, works on other properties, and is paid in lump sums. However, some associations hire employees who only work for the association, are paid by the hour, and are subject […]
The Biggest Insurance Risks for Associations: Having the Wrong Kind of Insurance or Not Enough of It
When we talk about insurance, which we do frequently, we talk about its complexities, and there is no question that insurance decisions are complicated, confusing and often intimidating for condo boards. But it isn’t the complexity of insurance that creates the biggest risks for board members and the association’s they govern; it’s the type of […]
It’s Time to Change the Message (Part 2)
Let’s say you did everything recommended in last week’s blog. You have great rules and have done a masterful job communicating them to your members. Bravo! Yet, despite best intentions and practice, someone’s gonna blow it. Reflecting back to last week’s Catholic imagery, whether it be an innocent sin of omission or a more brazen […]
A single bullet: Palm Beach condo manager coping with life after 2014 shooting
He lives deep in the Virginia woods. He came here to escape the life he once lived. The friends he once had. The memories of a time before everything changed — the day he sat inside The President of Palm Beach Condominium office and a man with a pistol shot him in the head.
Preparing for an Emergency in your HOA Neighborhood
As an HOA there are a few things your board can do to help protect the community, and to also prepare for a worst case scenario. Remember, it is always better to be safe than sorry. Let’s look at the things your board can do to plan for emergencies. It is helpful to first identify […]
Preventing Community Association Fraud
Fraud can strike just about any community association – even one that is professionally managed – regardless of how small or large the community may be. A good property management company will have the proper checks and balances and other security measures in place to help reduce the risk of fraudulent activity. Read the […]
The Squeeze Is on For Co-op and Condo Boards
The squeeze is on for co-op and condo boards. The new GOP tax law has skewered taxpayers in high-cost states, including New York and New Jersey. One result of the unpopular tax law is that values of co-ops and condos are likely to decline – which in turn will depress apartment sales and cut into […]
Hoarding in Condominiums
Residential Property Management for a Condominium Association has many challenges and Managers have mountains of information passing through our offices on a daily basis. Information and documents needing to be tracked, monitored, answered and eventually filed. There is a lot of paperwork in a Manager’s office; paper is everywhere. On a regular basis, Property Managers […]
A Tree Inventory for Your Community: The Benefits of Seeing the Forest and the Trees
Do you manage a community association with numerous and/or aging trees? Chances are, you‘ve had to contend with unexpected tree care costs, and perhaps damage to structures or other property resulting from failed tree limbs. You want to head off future problems and preserve the beauty of your community’s treescape. But where to begin?. Read […]
Co-ops and Condos Are Still Major Energy Wasters (NY)
Buildings are the biggest polluters in New York City. That’s the bad news. The good news is that the city’s biggest buildings cut their energy use by almost 10 percent and their overall emissions by nearly 14 percent from 2010 to 2015. Now for more bad news. “The typical large co-op or condo building uses […]
Are You Crazy If You DON’T Special Assess For Hurricane Damage? (FL)
Did your association pay for damage from Hurricane Irma with operating funds? Did you consider a special assessment? What if I told you that half of your owners would be reimbursed up to $2,000 by their insurance company for the amount of the special assessment attributable to hurricane damage. Would that change your mind? Many […]
Update on the Infamous Open Garage Door Rule
On January 25, 2018, I blogged about an HOA in Auburn, California that passed a rule requiring all of its owners to leave their garage doors open during the day. The goal of the rule was to prevent owners from using their garages as living spaces. The patently overbroad rule—which, in effect, would render residents’ […]
HOA Event Ideas for Spring and Summer
Community is the most important aspect of your homeowners association. Part of the responsibility of the HOA board is to make sure there are plenty of activities year round that bring the community together, build strong bonds of friendship, and make homeowners feel valued. Read the article……………..
Has Time Already Run Out on Your Association’s Covenants and Restrictions? How to revive your HOA Covenants under Florida Law
If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce […]
What Can an HOA Board Do if Owners Refuse to Pay Special Assessments? (CA)
Homeowner associations are sometimes faced with special circumstances that arise even when they’ve done an excellent job of planning for replacement costs. Large-scale repairs, emergency situations, or capital improvement projects may occur that put their reserves dangerously low. Special HOA assessments, in addition to monthly HOA fees, could then be the best option. Read the […]
3 Ways Local Governments can Help Communities Thrive
As a board member, there’s often more to do than you have time for, and finding efficiencies is often easier said than done. But there’s one helpful resource that communities often forget they have at their disposal: local government. Whether your community is under the jurisdiction of a city, county or township, public servants and […]
HOA Technology: The Top Questions to Ask
When you are choosing a homeowners association management services provider for your community there are several key questions that need to be asked–especially with regards to security of your association data. You want a community management provider who will take the steps necessary to keep your confidential data safe and your association running smoothly. With […]
It’s Time to Change the Message (Part 1)
……I’ve seen this reality play out big time in community associations. In the early years of the Community Associations Institute, the emphasis seemed to be on covenants compliance. Boards and managers alike fell into the trap of proficiency and efficiency in enforcing covenants and rules without going deeper. They acted more like technocrats following procedures […]
Common Issues Faced by HOA Boards
HOA board membership is a unique situation. There are few other scenarios where a group of volunteers assembles to oversee the management of a multi-million-dollar nonprofit corporation in which they all also have a vested interest. All HOA boards face a similar set of demanding circumstances. Knowing how to handle these situations, as well as […]
Co-op Board Embraces Tech, From Robo Parking to Leak Sensors (NY)
Our co-op board has been working overtime to keep up with the Jetsons. It isn’t cheap, but it’ll pay for itself over the long run. We’ve embraced the latest technology – from online application packages to robotic parking in our garage and “smart locks” that allow me to enter the building using my phone. A […]
Protecting Your Neighborhood’s Identity – Registering A Trademark
For a homeowners association, the answer to “What’s in a name?” may well be, “The identity of your neighborhood.” An association’s name and logo is often how we describe the place we live, and in a mixed-use community, it may also define where we work. Trademarks are defined as any word, name, or symbol, or […]
Three Actions to Get Your Condo Association Finances in Order
Without money, your Condo Association is in deep trouble. Fiduciary duty is the only codified duty of a Board member, and thus finances is your top priority. An Association’s financial house can fall into disarray for a variety of reasons. It might be an apathetic Board, a bad Board, or simply a new Association that […]
Handling Bad Press Within an HOA Community
Despite your board’s best efforts and intentions, the reality of bad press is something you should take seriously. While it may never happen to your community, your board needs to be proactive and develop a crisis communication plan. While we really encourage your board to work with an association management company and qualified legal counsel […]
Alteration Agreements Must Have These Three Elements (NY)
It was maddening. Shareholders in a 780-unit Queens co-op kept complaining to the board about banging noises in the middle of the night coming from a particular apartment. When the board asked to inspect the apartment, the shareholder who lived there refused. Finally, building staff got inside – and discovered that the shareholder who lived […]
What Makes a Good Property Manager?
There are a lot of property managers out there. They have different backgrounds, styles and strengths. It is important for the board of directors of your homeowner’s association to look for a management company that will best serve your community. Do they have the expertise that your association needs? Read the article…………….
7 tips for serving on your condo board without getting burned out
I wound up on my condo board for the usual reasons: Someone needed to do the job, the former board members were having disputes with owners and each other, and my neighbors asked (some begged). I expected that it would take up a lot of my time and would be a pretty thankless task, and […]
HOA Board Checklist for Hiring 3rd Party Contractors
You wouldn’t dream of inviting an unverified contractor into your home to make repairs…let alone the homes under your care as a member of the HOA board. The results of a third-party contractor’s work will ultimately affect tens to hundreds of fellow homeowners. Make the process easier and more effective for your HOA board by […]
Seven Essential Steps to Change Your HOA’s CC&R Agreements
Covenants, Conditions, and Restrictions are rulesets established by a neighborhood, homeowners association, builder, or developer. These legal documents explain the responsibilities of the Homeowner Association and its property owners. The CC&Rs are the highest-governing agreements of a community association; they should not be confused with the Bylaws, which explain how the homeowner association hearings are […]
What to Inspect During a Spring Maintenance Inspection
As winter comes to a close, there’s no better time to inspect your community than during sunny spring days. The board or council and the building maintenance committee are encouraged to take advantage of spring inspections to give themselves a jump start on their community upkeep and prepare for the rest of the year by […]
What Makes a Problem Board Member
The only thing more diverse than common interest communities are the board members who run them. Board members differ in their experience, knowledge, and leadership methods. One thing they do have in common is that they feel that they can help to make their community better. Diversity among board members is the secret sauce that […]
Top 12 Tips to Achieving the One Hour HOA Board Meeting
We understand what it is like. You work all day, you are tired, hungry, look forward to going home and being with your loved ones, but wait, you have that association board meeting tonight! The thought of a meeting that drones on for hours with little productivity does not appeal, now does it? Well, you […]
Get in Line: Association Assessment Lien Priority (FL)
At issue in today’s column is a subject we recently addressed regarding whether an association must record its assessment lien in the public records of the County in which the community is located in order for it to be effective and whether such lien relates back to the initial date of recording of the declaration. […]
The Drips That Could Add Up to a Perfect Storm (NY)
Co-op and condo boards are facing a steady drip of pressures that have the feel of Chinese water torture. Drip. The new federal tax law promises to skewer taxpayers in high-cost states, including New York and New Jersey. Their pain will very likely spread to the housing markets, hitting co-op and condo owners literally where […]
You Care About the Subdivision Regulations, You Just Don’t Know It (Yet)
Everybody’s heard of the zoning code. Sooner or later, a developer will submit an application to rezone land near your home or business, and everyone snaps to attention. Neighborhood advocates awaken from hibernation. Developers lawyer up. Because these proposals can be controversial, they frequently make the local news. As a result, the zoning code has […]
Building Trust with Homeowners as an HOA Board Member
As a board member, it’s important to build relationships with community members based on trust and transparency. Although there are times when confidentiality is called for, the benefits of HOA transparency – increased homeowner involvement, reduced conflict, and confidence in the board’s decisions – cannot be overlooked. Read the article………………..
Budgeting in a Self-Managed Building Can Be Overwhelming
When Judy Levine was recruited as treasurer at 177-179 Duane Street in Tribeca in 1994, the board thought her day job – as executive director of Cause Effective, a nonprofit organization that helps other NPOs raise money – would give her a leg up. But when she started tackling her first budget for the self-managed […]
Transgender Issues in Community Associations
Recently, I had the opportunity to attend the annual Community Association Institute Law Seminar. One of the topics covered at the seminar was transgender issues in community associations. We all know that community associations are microcosms of the society at large, and transgender issues are no exception. Transgender persons face violence, discrimination in the workplace, […]
Can we just enforce the rules we like?
Most board members don’t relish the idea of fining their friends and neighbors for minor infractions of their community’s restrictive covenants. Boards are typically willing to issue fines and citations when an owner has piles of garbage in their front yard, windows and siding falling off the exterior, or nipping dogs running around common areas […]
Five Reasons to be Wary of Low HOA Fees
Common wisdom dictates that cheaper is not always better. A pair of shoes that is initially more expensive can save money in the long run by requiring replacement less often. This concept is easy to grasp with physical products, but is unintuitive when it comes to HOA fees. What HOA assessments actually pay for is […]
Code RED
I was recently participating in a mediation for a client condominium association. We are pursuing a first party insurance claim for property damage discovered by the client. Due to the amount of repairs necessary for the project, the client triggered certain code upgrades required by the County and fire department. The upgrades were both unexpected […]