S.B. 1062, currently in the Maryland State Senate (see two posts on it below), deals with the problem of attorney fee shifting in covenant enforcement cases where the fees are grossly disproportionate to what is at stake in the case. Here is one way it could be amended, using the California approach. This is from […]
What is S.B. 1062 about? (MD)
I testified at the Maryland State Senate hearing yesterday in support of S.B. 1062. The hearing was long and emotional at times, as unit owners told how they have been subjected to foreclosure actions by association lawyers seeking up to $70,000 in fees on top of fines in the hundreds of dollars. The current draft […]
Leaning In: Is there a Gender Gap on Community Association Boards?
I just finished reading Sheryl Sandberg’s book, Lean In, about women, work and the leadership gap that still exists. For those of you who don’t know, Sandberg is the COO of Facebook and her book has stirred up quite a bit of water cooler talk. Read more….
Self-governance is the root of our problems
I live in a small rural community of about 130 homes built in a pine forest. The community, like many in America, is not within the city limits but is instead governed by a homeowner’s association. The community was designed and built by a developer some fifteen years ago. There are a set of covenants […]
Condo association laws need a Legislative fix
Legislators are often criticized for failing to predict the manner by which market permutations might nullify a law’s intent. Such is now the case with an important aspect of the laws governing condominium and homeowner associations in Florida, and a significant legislative update is required in light of the recent Third District Court of Appeal […]
View from the Potomac: For economic woes, think differently
A leading economic indicator that I have learned to pay close attention to is the delinquency rate for residents in my homeowners association. The reason for this is simple. One of the first things that people cut from their monthly budgets – even before entertainment expenses – is paying their HOA dues since they figure […]
What Killed President Kennedy and Trayvon Martin?
February 26 will mark one year since 17-year-old Trayvon Martin was killed by a gun wielded by self-appointed neighborhood watchman George Zimmerman after he saw Trayvon walking home from a 7-Eleven with a bag of Skittles and bottle of Arizona iced tea. Read More……
I think I would rather live in a haunted house than one governed by a Homeowners’ Association
Justin Jouvenal of the Washington Post reports that there has been a recent feud in Fairfax County between some residents and their local HOA. For those of you without the time to read an entire article, here’s a brief summary: Read More……
Mother nature, idiots and patience
Watching and reading of the problems winter storm Nemo caused brought back memories of my early days in condo management. My first job in the industry was as a resident manager of a 72-unit condo complex on an island in the Detroit River. It was actually a very interesting, challenging job, in a beautiful location. […]
Assessment Collection Strategies – Not All Attorneys Agree
Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (“ALS”) attended California Association of Community Managers’ (“CACM”) 2013 Northern California Law Seminar in January of 2013. One of the programs dealt with assessment collection strategies. We did not like everything that we heard. This post is intended to set out our thoughts and opinions […]
11 “Natural” Laws of Community Associations
Like science, community associations also have certain immutable “natural” laws that exist outside of state or federal legislation. This is my take on them: 1. Community associations are going to continue to be THE major component of new development Unless the American populace makes a complete 180 on taxes, multi-unit developments that allow local governments […]
We need to scare the hell out of boards and owners – Raven’s Cove didn’t do it!
Once again in the news today, an association that failed to reserve for major repairs and the low-income owners are now looking at a $5,400 additional assessment due in a couple weeks. The particulars or location of this association isn’t important. What is, is that this is happening too often, in too many locations, to […]
Condo tragedy: Sprinkler system a small price to pay
While we mourn the two lives lost in the inferno at the Woodcrest condominiums in Chelmsford Saturday night, we can’t help but wonder if the outcome would have been different had there been a sprinkler system in place. Fire officials have ruled the blaze that killed Susan Astle and Paul Deslauriers accidental, but they also […]
Neighborhood residents should be more vigilant
Laurie Vanover will have her day in court. Accused of looting nearly $192,000 from the Stratford Property Owners Association where she served as treasurer, Vanover is expected to be charged soon. Police, prosecutors and courts will take care of the rest. Read More……
Neighborhood Watches – Stand Your Ground – Shoot First ????
A 2009 shooting in Utah demonstrates the problems with Shoot First laws, as drafted and promoted by ALEC and conservative Republican legislators that expands the ability to shoot upon belief of threat off the premises of one’s own property. This was exactly the kind of incident that law enforcement, prosecutors and opponents of the Minnesota […]
The ARC and The Covenants
As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build […]
Bound by free will
I would never agree to be part of a homeowners association that might limit my right to root for the New York Giants, support the party of my choice or inflate a giant turkey to celebrate Thanksgiving. The Jasinskis chose to move into a neighborhood with a homeowners association. They chose to abide by the […]
Honey Bees and Ethics
“When I put the bees in, I knew it probably would be against the covenant, but I knew it was going to be a safe situation and if it wasn’t, I was going to remove them. I was bending the rules, but it’s not like I was raising vicious pit bulls in my backyard. I […]
They Fought the Lawn and the Lawn Won
In an epic battle between a homeowners association, owners, and a lawn, the lawn appears to be the only winner. Eleven years of ago, Ed and Billye Simmon and their Florida homeowners association began a court battle over a $2,200 bill related to a bad lawn. Probably the association’s cost of re-sodding. According to the […]
Are HOAs Discriminatory… You Decide
Homeowner’s Associations are an enigma in my mind and always have been. We live in a society already governed by laws and rules in so many forms and yet people choose to constrain themselves under yet another set. My recent conversation with a coworker (see my previous posting here) has led me to a deeper […]
Rentals, Yes – Condos, No! An answer to the blogophile’s prayer?
If you regularly check in with the community association social media—blogs, Twitter, Facebook—you cannot miss the group of correspondents who have a decided bias against community associations. It’s not always possible to separate fact from fiction, or personal bias from social concern, but the message is clear—there are many people who don’t like their homeowners […]
Are Management Companies Under Attack?
In what may become a national trend, two states are attacking the issues of whether certain types of activities routinely performed by management companies amount to the unauthorized practice of law. Read More……
HOA Opinion Piece in Denver Post Paints Unfair Picture
Today in the Denver Post, an opinion was published by Jose’ Martinez entitled The dark side of HOAs. While there is no question that not every HOA is perfect, it’s unfortunate that Mr. Martinez made the leap that based upon an anecdotal situation he observed – all HOA boards and management companies are bad. Mr. […]
Followup to earlier post: More Firms Bow to Generation Y’s Demands
They’re often criticized as spoiled, impatient, and most of all, entitled. But as millennials enter the workforce, more companies are jumping through hoops to accommodate their demands for faster promotions, greater responsibilities and more flexible work schedules—much to the annoyance of older co-workers who feel they have spent years paying their dues to rise through […]
‘Peter Pan’ as Public Policy: Should Fifty-Five-Plus Age-Restricted Communities Continue to Be Exempt from Civil Rights Laws and Substantive Federal Regulation?
Although millions of Americans live in 55-plus age-restricted housing, little research has been done to determine whether these communities benefit their residents, or the nation as a whole. This is particularly ironic because these communities exist in contravention to anti-discrimination laws by virtue of a specific exemption granted to real estate developers by an Act […]
Signs of the Times
It seems that with every election cycle, the campaigns start earlier and earlier. It’s almost to the point where it feels like there is no break or rest between them. Also, the politics of our country are getting more and more divisive and well, just plain mean. It only stands to reason that condominium and […]
Banging My Head On My Desk (and other therapeutic behaviors)
Subtitle: “Stupid is as stupid does” In going through the news feeds last night, I ran across this in a column of posts to the newspaper: From Ranson: My mother is recuperating from a debilitating stroke that has left her with impaired speech and a severe limp. Weeks after her return from the hospital, she […]
Kicking the Can Down the Road
On Sunday mornings, I really love to sit down and actually read, from front to back, the Sunday newspaper. I know, newspapers are so yesterday, and to be honest, they’re hardly a shell of their former selves, but it’s a longstanding habit that I really enjoy. This week I noticed one particular phrase was popping […]
Should Condo Associations Be More Proactive in Fire Prevention
In going back over the news stories for January, I was surprised to find that there were more condominium fires in those 31 days, than in any previous month during the 10 years I’ve been tracking those stories. I was surprised because I would have thought that with the mild weather, the usual causes of […]
Out of Sight – Out of Mind
I’ve spent the past two days without electricity, heat, cell phone or internet. A cold front, pushing wind gusts of up to 50 mph blew through and damaged some power lines. This is the third time this year, and about the 60th time since I’ve lived here, that I’ve gone more than a day without […]
Owners and Association Can Work Together
Even though you might not believe from reading the various “horror” stories the media love to relate about HOA’s, more often than not, people figure out a way to get along. Here’s a good example from the “The Reporter” inVacaville, CA: ‘Regular guy’ from Vacaville honored for small solar installation He knew the letter, an […]
It’s Budget Time Again – Let’s See If We Can Get the Owners to Read It
[This is a re-print of a blog I did last year, from a longer article I wrote a number of years ago. The point is still valid, even more so in these tough economic times] One of the most common complaints about associations is that the owners don’t know how the money is being spent. Boards […]
Budgets and the “Tea Party”
So, I’m in northern Michigan, taking care of an ailing parent – a place where the discussions usually revolve around health and the weather – never about my business. I decided to drop in on the local AmVets post, to “ease some stress”, and give them an medical update, when one of the patrons looks […]
Oh Canada!
Today is Canada’s “birthday”. So why am I writing about it? Well, recently someone asked me why I post Canadian news about condo’s and HOA’s. I thought the question was odd until I remembered that not everyone is used to living next door to Canada (I’m one of those few people in the US who have […]
Welcoming New Owners and Renters
A number of years ago I went to work for a subsidiary of a local management company. The owner of the company had surveyed new owners six months after they moved in asking them about their understanding of the association they lived in, based on the communications they had received to date. He found that slightly less […]
“Open Meetings” may not apply, but it’s still a good idea
Most states have “Sunshine” or “Open Meetings” laws, requiring that meetings of governing bodies be open and transparent. The laws were designed to prevent “backroom” politics from undermining the political process and making sure that citizens could see just what their governments were up to. The laws really don’t stop people from working behind the […]
Using the military or veteran card in HOA disagreements
One of the favorite news stories that the media likes to run (and run and run and run…) is anything that has to do with an HOA/condo and someone who is in the military, has a family member currently serving in the military or is a veteran. This usually has to do with flags or symbols that […]
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 […]
We Need to Read About the Good Board Members
I was reading Ryan Poliakoff’s blog about board member term limits that he had read about onHOALeader.com. Ryan points out that we often read about the “dictatorial” boards and boards running rampant, but for those of us who actually work with associations, those types of boards are few and far between. You wouldn’t know that if you just […]
There’s a reason for long-term planning –
….because not thinking about it usually leads to problems, or even a disaster. Utility costs are going to continue to go up, so why not plan for converting the high cost items to energy and cost savings items. Now is not a bad time as there are grants floating around to help. One association in […]
Why you should pay special attention to closing your books this year
I’ve been posting the condo and HOA news for over 8 years now. During the first 6 years, I might have run across 3 or 4 cases of people stealing from an association. During the last 2 years, I’ve seen over 20. And most of them haven’t been for small amounts. The scams were often […]