Condos and HOA’s are also known as “Common Interest Realty Associations” (CIRA). While we all know community associations have their problems, at its core it is a great concept. Twenty Five percent ( 25%) of American homes are part of a common interest realty structure. It is important to familiarize yourself with the “governing documents.” […]
What is a PID or PUD, and How do they Impact your Community Association?
Understanding HOAs, COAs and POAs is already confusing. On top of that, the terms PID and PUD are often bandied about and are sometimes confused with community associations. However, they are not the same thing at all. Here’s how and why they exist, and how they differ from community associations. Read the article……………………..
Understanding the Hierarchy of Your Association’s Governing Documents (IL)
Typically, the governing documents of an association consist of various documents including a declaration, by-laws and rules and regulations. Associations are also bound by statute—condominium associations are bound by the Illinois Condominium Property Act (“Condo Act”) and common interest communities are bound by the Common Interest Community Association Act (“CICAA”). Due to the variety of […]
When Do Deed Restrictions Expire? (TX)
Deed restrictions are legal requirements that dictate what a homeowner can and cannot do with his property. For example, mandating which colors a homeowner can paint their house, which building styles must be adhered to, how landscaping should look, etc. The HOA imposes deed restrictions in order to maintain the neighborhood’s look and feel, and […]
Tallahassee woman raises concerns over ‘racist language’ in homeowners association contract (FL)
A woman looking to buy a home in a Tallahassee neighborhood is expressing concern after seeing what she calls “restrictive racial language” in a homeowner’s association document. The covenant, written in the 1930’s, still exists in HOA documents that must be signed when buying a home in the Betton Hills neighborhood. https://www.wctv.tv/content/news/Tallahassee-woman-raises-concerns-over-racist-language-in-homeowners-association-contract-512071922.html
The Nitty-Gritty of Your Governing Documents
Homeowners are often overwhelmed at all the information contained in their HOA’s governing documents. It’s no wonder— an association’s covenants, conditions & restrictions (CC&Rs), bylaws and rules & regulations are packed with information, some of which is written in dense legalese. Read the article……………………
Rodgers Forge cuts racist wording from historic deeds; Balt. Co. Exec. is ‘proud’ (MD)
A Baltimore County community has been working to remove racist language from its historic deeds. Last year, Rodgers Forge became the first neighborhood group in Maryland to apply to remove the wording, reports The Baltimore Sun. Read the article…………………………
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
Issues to be considered when rewriting governing documents (FL)
Q: Our condominium association is contemplating re-writing our governing documents. What are the most important issues that the board should consider? Read the Q&A…………………….
HOA Homefront: Why governing documents matter (CA)
Governing documents are critical for HOA communities and are literally the legal glue that holds the association together. Civil Code Section 4150 defines “governing documents” as articles of incorporation, CC&Rs, bylaws, and operating rules, but I think subdivision maps and condominium plans also should be regarded as governing documents. Each has a distinct purpose and […]
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 […]
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 […]
Understanding the Governing Documents of a Community Association – PART II
The general hierarchy is important because on occasion there may be conflicting information in the documents. For example, the declaration may state there will be five board members, while the bylaws may state seven. The document that is higher in the hierarchy would prevail. The general hierarchy of authority is as follows: Read the […]
The Land and Everything that Goes with it: How Community Association Restrictions “Run with the Land”
It may be hard to believe, but community associations (“Associations”) occasionally deal with homeowners who don’t think they are required to pay assessments. The reasoning for these beliefs can range from “I don’t use the pool,” to “I am not part of the Association.” Although the majority of such claims are baseless, some may merit […]
8 common HOA violations that can land you in hot water
Plenty of people love living in a community with a homeowners association, or HOA. HOA rules are designed to prevent neighborhoods from turning into eyesores and keep the peace. Sometimes, though, the rules can catch homeowners by surprise and result in costly consequences. Read the article………………
Think Rules and Regulations Do Not Need to be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to […]
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 […]
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 […]
What’s Your Authority?
I was reminded this week of a common pitfall: Don’t choose your authority to fit the argument you’re trying to make at the time. Savvy board members and managers look for authority before taking action on behalf of their community associations. What happens when you find what appears to be conflicting authority? Conflicts sometimes require […]
HOA CC&Rs & Condo Plan Trump Conflicting Rights Conveyed in Deed CA)
Homeowners Association (“HOA”) Boards of Directors and management professionals often encounter disputes with homeowners as to who has the right to use common areas parking spaces within a condominium development. Homeowners often believe that such spaces are part of their separately owned units (their separate property or “separate interest”); that the spaces were “deeded” to […]
The Three Rs In Your Homeowner’s Association
Readin’, ritin’ and rithmatic used to cover what most needed to know, as long as they lived in the “holler”. But homeowner associations have their own version of the Three Rs called Rules, Regulations and Resolutions. These are the policies and procedures that define HOA standards. They must comply with state and federal law. For […]
What are Limited Common Elements? Part Two (WA)
“Limited common elements” can be spaces or things. Parking spots are an example of “spaces” that are frequently defined as “limited common elements” in an association’s Governing Documents. Parking spaces are essentially blocks of air surrounded by common elements and lines drawn on pavement. In most cases, the boundary of the limited common element is […]
Understanding What is What in Your HOA Governing Documents
Terminology surrounding the governing documents in your HOA can be confusing at times. If you have been a part of an HOA or even on the board, you may have heard the terms “governing documents”, “CC&Rs”, “bylaws”, and “rules and regulations” without really understanding the difference between them or what each individually means. In this […]
5 HOA Terms Every Board Member Needs to Know
Whether you just got elected to the community association board or you’ve served for years, you want to make a good impression. Knowing these common HOA terms will help you sound like you know what you’re doing while you get up to speed or serve as the refresher you need to keep growing as a […]
Understanding HOA Governance: Your Secret Weapon
Many homeowners aren’t entirely clear about the mechanics of governance that apply to their homeowners association. It’s understandable–when you become a member of a homeowners association, you become a member of a non-profit mutual benefit corporation. This corporation is governed by Bylaws, Rules & Regulations, Covenants, Conditions& Restrictions (CC&Rs) and usually involves a property management […]
Outdated Governing Documents Invite Lawsuits (NY)
Most co-ops in New York City were converted back in the 1980s, and that’s when their proprietary leases were written. This critical document outlines the relationship between the co-op as a landlord and the shareholder as the tenant, or lessee. It still amazes me how many co-op boards have not updated their ancient proprietary leases. […]
Two Condominium Bylaw Provisions That Every Board Should Review To Ensure That Assessments Are Not Unnecessarily Depleted
Assessments are the means by which all associations operate, and assessments provide the necessary income to maintain and enhance a community’s assets to protect and maximize unit values. When assessment levels get too high, the very assessments that are essential to sustain a condominium community may very well end up hurting the market values the […]
Michigan Court of Appeals rules that modular home violates restrictive covenants
In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated home violated the restrictive covenants in the Timber Ridge Bay Subdivision. Specifically at issue were restrictive covenants that provided as follows: Read the […]
The HOA Document Hierarchy
When you discover a glaring conflict between two of your HOA’s governing documents, there’s no need to despair. There is a ready-made solution waiting in the wings: a document hierarchy, typically imposed by the state, that orders your governing documents by authority. The governing-document hierarchy almost universally begins with the original HOA community plat or […]
Reading Your CC&Rs
Show of hands: Who has actually read their community’s CC&Rs cover to cover and word for word? Statistically speaking, not many have. And while it may feel unnecessary to read them, we assure you it’s better to familiarize yourself with the rules and regulations before you’re fighting them or trying to implement them! Read the […]
HOA Bylaws by the Book
As an HOA manager, you know one thing for sure. Getting things in writing (translation: iron-clad legalese) is essential. Since your HOA bylaws serve as your governing course of action — and your go-to procedure manual — it’s pretty important for them to be clearly understood and closely followed. Aye, but here’s the rub: homeowners […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]
What Homeowners Should Know About the HOA Documents
A few months ago I wrote an article titled “Should Owners Really Read the HOA CC&R’s”. I must admit, the title was intended to get the attention of community association professionals. As a result some of the comments on social media were a resounding “Yes! How could you ask such a stupid question?”. While I […]
Homeowners’ Associations in Florida and the Marketable Record Title Act: Are Your Governing Documents Still Valid?
Florida homeowner and condominium associations’ governing documents (declaration, bylaws and articles of association) are critical for maintaining order and enforcing rules and regulations. These governing documents are recorded in the public records of the county where the association community resides. The purpose of recording these documents is to provide notice to all interested parties. If […]
Understanding Your HOA Documents
Understanding your governing documents is essential to every association – without governing documents, an HOA would not exist! These documents serve a specific purpose in the community and allow the association to function. An association board or individual board member may be held legally liable for failure to follow local, state, and federal laws, or […]
HOA Homefront: Exclusive use common areas – what you might not know
Many condominium buyers do not understand what they bought until long after becoming an owner. Condominiums consist of two elements: A separate interest, called the unit, and an undivided equal share in everything else, called common area. However, there are usually also hybrid areas, called “exclusive use common areas,” devoted to the exclusive use or […]
Association documents can provide answers on condo projects
When it comes to major construction projects at condominiums, what can the board of a community association do on its own and when does it need the advice and consent of the membership? For instance, can a condo board opt, for security reasons, to build a wall around the premises without the members’ approval? […]
What Happens When Condominium Documents Conflict?
When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the […]
When your homeowner association needs intensive care
Q. Long story short, the members have all been reluctant to get involved on our board for many years. They are all fine with someone else doing it. Our vice president resigned and then appointed herself “manager.” She paid herself each month as vice president, and upon becoming manager, she gave herself a raise. The […]
What Your HOA Should Know About Easements
Sometimes it’s necessary for someone to access your property. It may be the only way they can reach their home, or it may simply be for fun, such as hunting. If this is the case, an easement may be suggested. Check out everything your HOA should know about easements. An easement is basically the right […]
Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations?
What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses. With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1]. In addition, […]
When to Turn to Your CC&R’s
As a community association management company, we often receive inquiries about the differences between governing documents and where to look for specific guidelines regarding particular issues. We have detailed the differences between each type of governing document in an article titled “Understanding the Differences between CC&Rs, Bylaws and Rules & Regulations” but here is the […]
South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds
The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them. Read the article…………..
Associations Rejoice: Florida Appellate Courts Breathe New Life into Controlling Documents for Community Associations
It has been commonplace in Florida for condominium owners or homeowners to move into a community and then challenge the propriety or validity of the governing documents which, by virtue of purchasing in the community, they agreed to be bound by at the closing table. It wasn’t until late 2014 and again in 2015 that […]
Courts Open the Vault to Co-op and Condo Documents (NY)
Brenda Pomerance, a patent lawyer and unit-owner at Link condominium at 310 W. 52nd Street, has been in court since 2011 fighting to gain access to board documents. Pomerance, who suspected the board of serious mismanagement, wanted to get the contact information of all unit-owners in the building and extensive access to condo records, including […]
The High-Wire Act of Revealing – and Concealing – Co-op Documents
A Greenwich Village co-op board holds an annual meeting but then fails to dispense the meeting minutes to shareholders. This led one frustrated shareholder to pose a question to the Ask Real Estate column in the New York Times: “Does the co-op board have any responsibility to communicate with shareholders?” Read the article…………….
High Court Upholds Public Policies Against Restrictive Covenants
The issue of restrictive covenants often comes up in news or social media stories where a HOA or condominium demands that an owner take down an addition, a shed, a statue or some other architectural feature on the grounds that it offends the rules. The board claims that the rule is found in (or derived […]
Ambiguous Condo Docs Cause Another Dispute
I’m often asked to review condominium documents because the language used is not clear. One reason is the legalese used by many lawyers when drafting the documents. (“Now herewithin witnesseth” really?). Do we think it makes us sound smart? Whatever the reason, it needs to stop! If we want the owners to read the documents […]
Conflicting Information in Your HOA? Find Out Which Governing Documents Take Precedence.
What do you do when you want to fly your American flag to celebrate Flag Day, which is your right, but that right conflicts with a rule in your governing documents? Read the article………..