After extensive research, it is evident to me that 15 years after construction, condo complexes enter a phase where major elements start giving up. In many cases, they will require expenditures that might not be covered by their fiscal budgets or reserve funds. Read the article………….
The Berkeley Balcony Tragedy: More Inspections Aren’t Enough
In the early morning of June 16, 2015, in Berkeley, California, the lives of 6 young people were snuffed out because the balcony they were standing on collapsed. Building failures happen all the time, but the press and government largely ignore them because nobody died. With these six tragic deaths (and serious injury to seven […]
The Many Reasons to Support the Buck-A-Door Campaign (FL)
As a community manager, I attend the monthly educational luncheons presented by Community Associations Institute – Orange County Regional Chapter (CAI-OCRC) and listen to the CLAC “Moment” presented by the Legislative Support Committee. However, I never fully understood what it meant or what impact the California Legislative Action Committee (CLAC) had on our communities and […]
Police scuffle could have been avoided (TX op-ed)
McKinney police were in a no-win situation Friday before they ever arrived at a private pool party that became a very public matter. Called over a scuffle at a homeowners association’s private pool, police were expected to accomplish a miracle after association managers failed. Read the article………..
Canadian Condominium Institute Welcomes Bill 106
Condominium owners across Ontario are rejoicing and they are not alone! The Canadian Condominium Institute (CCI) is also celebrating Bill 106, the Protecting Condominium Owners Act, which the Ontario government tabled on May 27. Positive changes in Bill 106 include establishing mandatory licensing of condo managers and strengthening financial management rules for condo corporations to […]
Sheltering condo owners from unwanted takeovers (FL)
In the category of Putting Profits Before People, it would be hard to top investor Donald T. Kelly. The Palm Beach Gardens resident has been hell-bent on buying up all the condo units in a building at Century Village in West Palm Beach, even though it means forcing elderly residents out of their homes. […]
Amendments to Condominium Termination Law Impede Ability to Terminate (FL)
Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced in prior terminations while imposing a number of impediments to future terminations. Read the article……….
How the rise of gated spaces like swimming pools can quietly perpetuate racial tension
For decades, swimming pools in America have been sites of racial exclusion. Many of the fights to desegregate communities and public resources in the 1950s were waged over access to swimming pools. And the way they’re used to this day still reflects a sweeping trend — more subtle in its exclusion but no less pervasive […]
Florida Supreme Court Ruling on Attorneys is Bad News for Condo Associations
Condo association boards hoping to cut legal fees by performing some everyday tasks in-house will need to reconsider after the Florida Supreme Court reaffirmed an earlier opinion that these duties constitute practicing law without a license. Read the article……….
(The Desert Sun) Our Voice: HOAs owe residents easier solar process
Many in the Coachella Valley have gone all in with solar. Six of the valley’s nine cities installed at least one megawatt of rooftop solar last year — a solid demonstration of eagerness to adopt the green energy technology. But some who are looking to have the sun help cut their power costs are being […]
Is Bigger Better?
What began as a small cottage industry grew out of necessity as local governments became adept at collecting property taxes, while shifting fiscal responsibility for amenities once paid for through tax dollars onto the backs of homeowner association dwellers. Taxation without representation? A whole other article, but what started out as a lifestyle choice has […]
(Ontario) Condo Act reform may cause more trouble than it solves
“If Shakespeare was alive today and owned a condo in Ontario (let’s say Stratford), he would have ample material for a new play about disagreements in condo projects.” So begins a critical analysis of the upcoming changes to Ontario’s Condominium Act by Toronto lawyers Joy Mathews and Jayson Rivait, published in the current issue of […]
Is it time for Local and State Governments to do some of the heavy lifting for community associations when it comes to secondhand smoke?
Has your condominium or cooperative board been contacted by a member who has been impacted by a neighbor’s nicotine habit? Has your Board struggled to understand what your obligations are and how much it will cost you to find out? By defining secondhand smoke as a nuisance, local and state governments can do the heavy […]
(CO) Construction Defect Bills Dead for Session: It’s Time for Balanced Solutions
Yesterday the House State Affairs Committee killed Senate Bill 177 on a party line vote. While the spin on SB 177 from a coalition led by the Metro Mayors Caucus and Denver Chamber of Commerce was impressive, there is no question the bill would have destroyed the rights of homeowners living in HOAs to hold […]
Too many renters are a bad sign in a condo complex
Back in the mid-1960s, when condominiums were born, they were meant to become an affordable housing alternative to traditional homes. Because of their low prices, many renters aspired for better quality living arrangements and bought a condo unit. Read the article……….
Questions for your future HOA (CO) (Just for fun)
When buying a condo, one of the things to consider is the HOA. Hopefully, your money dude has helped vet the financial health of the HOA, and your real estate agent has soundly beaten the huge corporation running the HOA with a large stick when they demand money for unreasonable things before you’ve even purchased […]
Future gets brighter for condo-defects reform in Colorado
A landmark construction-defects reform bill passed through the Senate in surprisingly quick fashion Friday — and supporters believe it may now have a pathway to make it through the House as well. Read article…………
Banning speech close to home
About 20 percent of Americans live in communities regulated by a homeowners association (HOA), run by boards that, under state and federal law, have nearly unchecked latitude. They can declare speech prohibited and erode privacy. And without a change in law, there’s not much that can be done about it. Read more……….
How Long Will Condos Last?
Every time I am approached by condo buyers and owners alike, the most asked question is on the future of condominiums. Practically speaking, condos will exist as a real-estate ownership option for as long as there are buyers willing to buy them — notwithstanding their inherent ownership related problems. Read more………
Colorado Senate Wins the “Arizoonie” Award
I thought I had retired the “Arizoonie”. This was originally an annual award I gave to the state that proposed the dumbest community association proposed law each year. The nickname “Arizoonie” was given because Arizona continually won the award and that is also why I stopped giving it – the same state won every year. […]
A few red flags on construction defects (CO)
SB 15-177, Construction Defects, can provide relief for both homeowners and developers from costly and often reckless litigation. The bill can empower homeowners by requiring them to vote on and approve the use of HOA funds in litigation. However, the bill raises a few major red flags of concern that unless addressed will negate the […]
From marriage emerges a mighty HOA juggernaut
….Unbeknownst to our cranky neighbor, J.J. had been elected to the HOA board by way of inability to gather a quorum for an in-person vote, and subsequent mail-in ballot stacking among the condo units in the First Building, Floor 1 area. Read more……….
Equal Protection Under SB 15-177 (CO)
Equal. Protection. Read again: Equal. Protection. Those are important words in America. Those two words succinctly state the core purposes of a democratic government. Each citizen should stand on an equal footing with all other citizens. The basic function of government is to ensure equality under the law. Government must protect a citizen’s rights in […]
2015 Legislative Session Preview: Will Airbnb make itself at home in Florida?
What does it mean to own property? Are app-based lodging and transportation services showing the way toward an enlightened age of the Sharing Economy or simply enabling a kindler, gentler gentrification? Can I crash at your parents’ house in Boca for 70 bucks a night? Read more……..
Reform the Condominium
FROM New York to Miami, from South Padre Island, Tex., to Park City, Utah, the American condominium has become the hot new investment for global capital. In Manhattan, the trend is so pronounced that a whole new category of real estate has emerged around the southern edges of Central Park: supertall, ultraluxury buildings, with more […]
Colorado’s Manufactured Condo Lawsuit Crisis
As the national housing market started to recover in the last couple years, there have been a slew of articles with headlines like this September 2014 Washington Post story: “Housing recovery missing key group: young first-time buyers.” In November 2014, the National Association of Realtors’ annual survey said, “Despite an improving job market and low […]
HOA scam shows need for construction defect reform (NV)
The largest corruption investigation ever pursued by federal prosecutors in Southern Nevada is slowly and painfully coming to an end in a Las Vegas courtroom. The FBI’s “Operation Grandmaster” has, so far, resulted in guilty pleas by some three dozen defendants since 2011. Read more………
Stop the Construction Defect Legislative Insanity!
As anticipated, the 2015 edition of the construction defect bill has been introduced in the Colorado Senate. Senate Bill 15-177 (“SB 177”), contains most of the unconscionable provisions of the 2014 bill – SB 220. However, the legislative insanity on construction defects got even nuttier this year! Read more………..
FHFA move threatens associations and owners
In late December the Federal Housing Finance Agency (FHFA) released a statement expressing concern about state statutes that allow community associations to obtain lien priority over first mortgages for unpaid association assessments. By asking a federal court to intervene, FHFA is trying to bail out mortgage servicers that have failed to fulfill basic contractual obligations […]
The feud between the city of Santa Rosa and a gated community in Oakmont (CA) is certainly helping the local lawyer labor market. But at its core, it’s downright silly.
Here’s the issue. Five years ago, Santa Rosa filed suit against the Villages at Wild Oak Association after the association posted “No trespassing” and “No bicycles” signs along a path through the residential area, a path that has been used by cyclists and joggers for years. The association responded by counter-suing, alleging that the city […]
The Trouble with HOAs
Homeowner’s Associations, created by deed provisions to serve homeowners in condominium developments, are often at odds with individual owners of units. Just last week, news out of New York reported that an HOA was suing a homeowner for parking his own pickup truck in his own driveway. Sometimes these conflicts escalate to the point where […]
Don’t hassle me, I’m just trying to save the planet
Sometimes I get this feeling that I’m getting away with something. In some ways, it’s kinda true. When I drive my car on battery power (about 40 miles per full charge), I am spending like one-twentieth the cost of fuel. Also, because nearly 25??percent of California’s electricity comes from renewable energy, and experts say that […]
Can Boomers Make Cohousing Mainstream?
About 130 cohousing communities exist in the U.S., according to the Cohousing Association, a nonprofit based in Durham, North Carolina. McCamant, whose firm Cohousing Partners has built dozens of communities, predicts the number will double within 10 years. If that happens it will be thanks to one demographic force of nature: baby boomers. […]
Towering inferno of excuses
Despite warnings that the city wouldn’t extend the deadline further, 455 high-rises failed to complete the fire safety improvements by Jan. 1. That astonishing number again: 455. More than 6 in 10 buildings still aren’t up to code. The owners have dawdled for 10 years. Read more………
EDITORIAL: Political signs display constitutional rights
The state mid-level appeals court that decided last week in favor of Queensbury homeowners who put political signs in front of their house took the easy and practical way out. The case involved a conflict between Peter and Peg Jasinski and the Hudson Pointe Homeowners Association, which sets rules for the neighborhood where the Jasinskis […]
Condo-fee foreclosures become headache for homeowners
If you’ve fallen behind on your condo or homeowner association (HOA) fees, this might be a shocker for you: Your HOA or condo association might have the right to foreclose on your property. And even for the vast majority of homeowners who never face foreclosure, the ripple effects of this little-noticed legal development could eventually […]
Denver (CO) Chamber of Commerce Focused on Destroying Homeowner Rights
The 2015 legislative session in Colorado is set to kick off tomorrow and it promises to be an interesting one. Following the November elections, the Republicans will control the Senate by a 1 seat margin and the Democrats will control the House by a 3 seat margin. Since by all accounts the Colorado General Assembly […]
Could limiting defect lawsuits bring more condos to Denver?
If you’re looking to buy a condo in Denver, you’ve probably noticed there aren’t many options. Only 2,205 building permits for condos and townhomes are expected to be issued in the Denver metro area during 2014, Read more………
Miami Beach fights rising sea by building more waterfront condos
But Miami Beach needs this penthouse — and many more like it. The more developers build here, the more taxes and fees the city collects to fund a $300-million storm water project to defend the shore against the rising sea. Read more……….
N.J. Supreme Court decision clarifies rules for condo associations, other properties: Opinion
Chief Justice Stuart Rabner and a unanimous New Jersey Supreme Court issued this week a virtual emancipation proclamation for the million and a half residents of some 6,400 common interest communities in New Jersey. Common interest communities are condominiums, homeowners¹ association and co-op residences which are required by state law to elect their own governing […]
HOA fraud (NV) case shows disdain for public access
It’s bad enough when federal judges, federal court administrators and federal prosecutors work together to block press and public access to the justice system. But when defense attorneys come after the media, it’s evidence of systemic hostility to open government. Read more……….
Leisure World of Maryland: Governance Needs To Be Certified- (Follow Up)
As President of the Leisure World of Maryland resident advocacy organization “JustUs”, I want to thank Councilman Leventhal and his staff for honoring my request and introducing this most significant legislation. The origins of this landmark legislation are addressed within the article “Grade “A” Certified: R-E-S-P-E-C-T, Truthfulness and Advocacy”. Read more………
CONDO-MONIUM? Multi-family’s single headache hurting Aurora and state (CO)
“Condos were a great stepping stone for individuals and families looking to gain ownership experience, but we don’t have that anymore,” she said. “Individuals that cannot afford the median home price of about $300,000 are left with the rental market and that’s a big challenge.” Read more……..
Dear FHA: Please Loosen Lending Requirements!
With single family home prices continuing to rise, many homeowners are electing to downsize by purchasing more affordable condominium units. Additionally, a condominium is now becoming the only affordable option for many first time homebuyers. Read more…………
Homeowner’s Associations – The Perfect Storm of Corporate Cronyism and Legislative and Judicial Abuse of Constitutional Rights
Pennsylvania Congressional candidate offers his opinion about legalities of associations. Read more…….
Why the Supreme Court (NV) Decision on HOA Foreclosures Is Good News for Everyone
Lenders and investors are squaring off in Las Vegas over the recent Supreme Court ruling that stated that Homeowners Associations (HOAs) have the authority to foreclose on properties and sell them at auctions to recuperate delinquent dues without needing to go to court for permission. The Supreme Court ruled that the super priority lien that […]
Is it Time for a “Live and Let Live” Statute?
If you have lived in a condominium or a homeowner’s association, you know that there are rules that we all must follow. These rules are generally about parking, keeping trash cans in the garage, controlling your pets, planting things in the common elements, and keeping the architectural elements the same, from the paint to the […]
Condo associations restrict rentals for their own good
We received a lengthy comment regarding one of our recent columns relating to leasing restrictions in condominiums. We’ve abbreviated the letter as follows: Q: Rental restrictions really can decrease resale values and hurt individual owners who think they might never have to rent until they find out they do. After all, life is unpredictable. And […]