Can your community association be held liable for injuries caused by poorly maintained sidewalks? According to the most recent State Supreme Court decision on this issue, yes, if the association owns the sidewalks within the community. Read the article…………..
Aging And Underfunded: America’s Dam Safety Problem, In 4 Charts
There are more than 87,000 dams in America and, like most infrastructure, they go largely unnoticed — until something goes wrong. That was the case in and around South Carolina’s capital this week, when at least 20 dams collapsed during catastrophic floods. Read the article…………
An Unlikely Heroine Steps in to Save Crumbling Dolphin Tower
By the time you’re reading this, Charlotte Ryan, a retired psychotherapist from New Jersey, will have accomplished what Sisyphus never did. She’ll have pushed her great rock to the very top of the mountain and crawled out from under her burden at last. Read the article…………
Are Your Retention Ponds Safe During Monsoon Season? (TX)
Proper water drainage is an issue that every HOA needs to address at some point. Whether the drainage system in your neighborhood is working great or could use some improvement, here are some general guidelines to keep in mind for retention ponds to keep homes and residents safe in your area. Read the article……….
Who Pays to Restore My Broken Outdoor Water or Sewer Service Lines??
Many homeowners who are part of an association have a common misconception that they are not responsible for maintenance outside of their home. As a matter of fact, they very well may be. Read the article……….
Create or Modify Drainage Systems Carefully During Periods of Flooding, Heavy Rain
Some home landscape drainage systems have been put to the test by recent heavy rains and flooding throughout parts of Texas and Oklahoma. Many properties that traditionally haven’t had problems diverting water away from structures and off the grounds suddenly have had issues with erosion, standing water and even flooding. Read the article………..
Ways to raise funds for big-ticket association projects
Sooner or later, every community association will face an expensive remediation project. Roofs eventually leak, and boilers conk out. Sidewalks, parking lots and tennis courts require periodic resurfacing. Hallway carpeting wears and tears. When your association’s time comes, how are you going to pay for it? Read the article………….
EPA cracks down on stormwater violations, draining municipal resources
The visit from environmental inspectors had the nerve-rattling effect of an IRS audit. Three U.S. Environmental Protection Agency staffers and a pair of engineers from Colorado spent two days in Manor Township, Lancaster County, poring over page after page of government records. They spent hours eyeballing government properties, construction sites and storm drains. They grilled […]
Hardyston (NY) to back HOA loan for dam repair
The Hardyston Township Council is required to co-sign a loan with the Homeowners Association of Summit Lake for repairs to the Summit Lake dam. Read more……….
2014 Community Association Financial Survey
In 1996, Berding|Weil published “Latent Liabilities” a treatise which explored the long-term impact of underfunding of the reserve accounts of community associations. Some of the data came from our clients, and some from Levy, Erlanger & Company. We predicted that most multi-family community associations were severely underfunded for long-term maintenance and repairs and we opined […]
The Unfinished Suburbs of America
Janeen Milhorn and her husband bought their four-bedroom ranch-style house on a quiet street in this California suburb in 2004. It was on one of the farthest lots in the development, which Milhorn liked because it meant she had more land, and because it looked out onto a hay field. Read more………
Community Associations, Like the City of Los Angeles, Face Difficult Questions: Who Pays To Fix Broken Sidewalks And Other Common Area Components?
An article in the LA Times tells us that the City of Los Angeles is facing an interesting dilemma; one that we find is often faced by California community associations. The City’s sidewalks are in terrible shape, broken up by tree roots. The question is, who should pay the cost of the repairs? According to […]
Polo Golf and Country Club Homeowners Association, Inc v. Rhymer et al (and Forsyth County, et al)
POLO GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. V. RHYMER ET AL. (S13A1635) POLO GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. V. FORSYTH COUNTY ET AL. In related appeals, the Supreme Court of Georgia has ruled against a homeowners association in one case and against Forsyth County in the other involving disputesover who is responsible for repairing […]
Guest opinion (CO): Our roads, our responsibility
Yesterday, as former president of my HOA, I received a note asking both if I was aware of the latest propaganda email from Fairness in Road Maintenance (FIRM) stating that, without immediate action, I would lose all right to object to a new assessment on my property, and what I was going to do. I […]
Live Long and Prosper: Life Spans of Building Systems
Nothing lasts forever, and though you can’t predict the moment a piece of building equipment will break down, you can prepare for it. Even the toughest boiler, HVAC unit, or elevator will eventually tucker out and need major repairs, or just give up the ghost and have to be replaced. Read more…….
County asked to take over roads near Wisp (MD)
The roads will be abandoned once D.C. Development bankruptcy proceedings are complete. Klaus Schmidt, a board member of Kendall Camp Property Owner’s Association, asked the county to take over ownership of the roads and asked that the association be given a seat at the meeting Read more…….
Why So Many Dams In Texas Are in Bad Condition
A 3-part story about a state investigation into one part of it’s infrastructure. This could be any state. “We have a lot of people call us and say ‘we want to fix this. But we have no money to do it,’’ Samuelson said. “And it’s not just [homeowner’s] associations. A lot of it is cities. […]
What Lies Beneath: Maintaining & Repairing Building foundations
They say a house is only as strong as its foundation. A bad roof or shoddy plumbing can set your building back a lot of money, of course—but a foundation in disrepair can put the entire building structure at risk. It can also cost tens of thousands of dollars. Since it’s literally underground, it’s easy […]
Lakes can become liabilities if not maintained
The prospect of a nice home situated on a lake in a suburban community is very appealing to prospective buyers. Lakes became a fixture at many of the residential developments in Boone County during decades of population growth, which was only recently slowed by the economic downturn. Read More……
When Was the Last Time You Looked Down
The next time you’re out walking around the property, take a look down. What is actually below ground, and more importantly, do you know who is responsible for it and what condition it’s in? Today I posted four news stories about community associations around the country that found themselves stuck with major underground problems that […]
Associations can learn something from government infrastructure failures
It’s in the news media every day – towns, cities, counties, states and the federal governments struggling to keep up with crumbling infrastructures with the problems magnified by revenue shortfalls that prohibit even temporary fixes. Roads, bridges, dams, levees, lakes, water systems, power grids, utility lines, and more, are all continuing to be put on […]