Our industry depends on a close network of skilled industry professionals who are dependable and responsive. Emergencies are common, particularly in condominium developments where breaks in shared or common water lines can lead to disaster. Quick action by association vendors can extinguish the root cause of the emergency and potentially reduce, if not eliminate, thousands […]
Essentials of Vendor Contracts
All too often, condominium, townhome, and/or homeowner associations enter into contracts that are no more than a one- or two-page proposal. The deficiencies in these contracts often only come to light when there is a problem. Read the article…………………………..
Your Association’s Contractor Walked Off The Job – Now What?? (FL)
As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they […]
Softening Surprises on a Major Facade Repair (NY)
We have a pre-war building on the Upper West Side that needed facade repairs for Local Law 11. We did our site visits and noted that there was a fair amount of cracking at the building corners. In buildings from this era, that indicates deterioration of the structural steel behind the corners, behind the masonry. […]
PB Gardens condo community seeks yet another contractor to repair its buildings (FL)
Repairs to water-damaged buildings at a Palm Beach Gardens condo complex have stopped amid questions about who will finish the job. A Fort-Meyer-based contractor walked off the job in dispute over payment, according to condo owners at the San Matera condominium community, and repairs to all 30 buildings there remain incomplete. Read the article…………………………
Indemnity and the Association (FL)
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section […]
Association Construction Contracts Require Deft Negotiation by Legal Counsel (FL)
Construction contracts often represent some of the costliest expenses that condominium associations will ever approve, yet many associations fail to utilize the necessary legal resources and expertise to craft and execute the most effective terms and agreements. Instead, they focus merely on obtaining competitive bids, as most associations are required to do for projects exceeding […]
All Co-ops and Condos Need Workers’ Comp Insurance
There is a reason they should have a workers’ compensation policy. An “if any” workers’ compensation policy would provide coverage if the contractor hired by the association does not have workers’ compensation coverage and their employee is injured at the building, or if a volunteer/board member is injured during the course of their duties. Example: […]
Rogers Park condo association files class action vs laundry machine service company, says fees not in contract (IL)
A Rogers Park lakefront condominium association has filed a class action lawsuit against a New York-based company that leases laundry machines for commercial use for allegedly charging previously not-agreed-to administration fees. The condo association, 1050 West Columbia Condominium Association, filed a lawsuit June 18 in Cook County Circuit Court against CSC Service Works Inc. alleging […]
Firing HOA Vendors | How to End Contractual Agreements
The primary purpose of an HOA is to manage, maintain, and repair common areas. This often requires contracts with 3rd party vendors for services such as landscaping, plumbing, and painting. Vendor contracts are a large responsibility of HOA boards. While board members cycle off, the signed vendor contracts remain, leaving new board members with limited […]
You’re Fired – Terminating Contractors Versus Employees (OH)
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 […]
Cleveland condo owners have had it with contractor delays (OH)
Sloppy work around a utility box, siding no longer attached, flashing around windows not fitting properly, buckled trim, all obviously flawed at the Landings in Avon Lake. “When we were having storms there was flooding in our basements because downspout were off for 6 months during this process. It was supposed to be 8 weeks […]
Attempts to Unilaterally Modify Contracts by Service Providers
Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations. These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider. When assessed on a […]
Unit Owners and Interference with Association Vendors
Every so often we receive calls from Board members or property managers exasperated by the actions of a meddling, “helping” or interfering unit owner who has taken it upon themselves to instruct Association vendors on the proper manner to do their job. These vendors range from landscapers, snow plowing contractors, carpenters, roofers and even insurance […]
Negotiating Elevator Maintenance Agreements (ON)
When elevators work as expected nobody takes notice. To most this means they should operate 24 hours a day seven days a week. Maintaining this standard of continuous operation is a challenge for equipment comprised of hundreds of mechanical, electrical and electronic parts. Read the article…………………….
Be Aware Of Cheapest Contractor
Everyone, including condominium associations and unit owners, want to save money. One way to save money is to hire the cheapest contractor. The cheapest contractor, unfortunately, can be unlicensed and/or uninsured. If the contractor causes property damage or someone is injured, the Association or unit owner could be liable. Even if the Association and unit […]
Kass: Using Independent Contractors
Question: It has been the practice at our condominium for the Board to permit independent contractors to work on our common elements without proof they are licensed or that they are properly insured (workers comp. and liability coverage). Everything I have read makes it clear it is important that the association not operate in this […]
The Science of Vendor Selection – A Practical Approach
Does embarking on a new project in your association seem as stressful as going to the dentist? Oftentimes, projects seem daunting based on scope and cost as it’s sometimes like pulling teeth for Board Members to part ways with the almighty assessment dollars. Many Board Members rely on keeping assessments low as a barometer of […]
10 Tips for Field Service Businesses Working With an HOA – Pt 1
For a field services business that primarily services residential customers, nothing is more valuable than repeat customers. Especially when there are several months, even years, between one service and the next. Your ideal customer is someone who trusts your company and schedules services through your field service business every time they need work done. By […]
Greenwood leaders, residents complain of messes, want utility companies to make repairs (IN)
Sue Steele lives in Ashton Park, where she’s president of her homeowner’s association. Her front yard and her neighbor’s front yard is covered with mesh after AT&T dug holes, inches from their driveways, during installation of a fiber-optic service in the neighborhood, a service Steele doesn’t even plan to use. She understands that the utility […]
What Does Florida Law Say About A Community Association Bulk Services Agreement Such As Cable And Internet Service? (FL)
Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership. These are most commonly used for providing the community with broadband services, such as phone, cable and internet service. The benefit of bulk services agreements is that the […]
Subcontactors can’t be sued directly by homeowners for building defects: IL Supreme Court
The Illinois Supreme Court has reversed Cook County and appellate court rulings in a lawsuit over allegedly defective condominium buildings in Evanston, saying condo unit owners cannot sue subcontractors who built the condos, because there were no contracts between the two groups. Read the article…………………
Independent Contractors vs. Employees (CA)
In the recent case of Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court set forth a new test that employers should utilize to determine whether their workers are appropriately classified as independent contractors or employees. (Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903.) The new test will likely […]
‘Indemnity’ and ‘subrogation’ among legal terms to question
Every now and again, I have to remind myself — or be reminded by a client — that not everyone speaks “law.” What are familiar terms to lawyers aren’t necessarily so to those in other walks of life. I suppose this is common to most professions. Who, other than an orthopedist, throws around terms such […]
Working With Your Support Professionals: How (and When) Boards Should Speak Up
Attorneys and community association managers can be a godsend for the board of a co-op, condominium or HOA. Most boards consist of volunteers who usually have quite busy external lives themselves, so having an experienced professional on the team for advice, guidance, and enforcement of policy can be a huge help. Read the article………………
Condo Board Members Conflicts of Interests and Service Providers in Florida
In Florida, the directors and board officers of a condo association, together with the members of their family and anyone who holds financial relationships with the officers and/or directors are entirely prohibited from forming any form of agreement with their condominium association under the terms of new regulations which have been put in place since […]
Important Parts of a Vendor Contract for Work in an HOA Community
HOA Boards often find themselves entering into vendor contracts for landscaping, pool maintenance, security, gate maintenance, and more. However, not all contracts are created equal. That’s why we’re about to offer tips to help you separate the good ones from the bad. Read the article………………
4 Tips to Find and Keep Good Vendors for Your Homeowners Association (CA)
A new member has been elected to your HOA board. Suddenly, you learn that they seem to have a general mistrust of any current vendors of the association, perhaps because they did not choose them. They call for at least three bids on every project, no matter how small. This person seems to be trying […]
When Construction Occurs Next Door, Your Board Needs to Get Involved Early!
It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by the members of an established community but more often than […]
Choosing The Right Contractor
Spring is synonymous with warming temperatures (in theory), greater daylight hours, and community association enhancement and repair projects. Choosing the right contractor for your association project helps the job remain on time – and on budget. So, how DO you choose the best contractor for your project? Read the article……………….
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 […]
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 […]
Three Keys for Request for Proposal (RFP)
A request for proposal (RFP) is meant to give direction to a contractor or vendor regarding the scope of service for a project and the association with a focused cost to complete the identified scope. While RFPs are used for everything from landscaping contracts to full scale roof replacements, a properly prepared RFP can make […]
The Ultimate Board Cheat Sheet to Completing an RFP
Interviewing a management company is no doubt important – finding a true partner beyond the facts and figures matters for a mutually beneficial working relationship. But before any company can confidently say how they can best serve your community, they need to know and understand as much as possible. That’s why writing a detailed request […]
The National Labor Relations Board Had a Change of Heart on Joint-Employer Liability
Previously, we wrote on a decision published by the National Labor Relations Board (“NLRB”) wherein the NLRB concluded that, where a contracting party has reserved the authority to exercise control over the employees of another, said contracting party will be found to be the “joint employer” of the other entity’s employees. In the case of […]
4 Warning Signs of a Bad Vendor
I deal with homeowners who have made poor choices in hiring for years – in fact, many episodes of my show have been about rescuing homeowners who have been on the receiving end of some bad work from someone who seemed good on paper. It can be tough, especially for the inexperienced, to feel comfortable […]
Laundry Room Maintenance: It’s a Wash
Can you imagine living in a condo or co-op that doesn’t have a laundry room? These days, having on-site laundry facilities for residents isn’t an amenity – it’s a necessity, and keeping yours functional and well-maintained is just as important as keeping the boiler or elevators running. Nearly all multifamily laundry rooms are managed and […]
Construction Contract Tips for Owners — Part 1
A remodel of your home can be a substantial investment. Nonetheless, it oftentimes shocks me to see the contracts that parties enter into regarding construction. This article is intended to highlight some of the issues that homeowners should look out for in these contracts. Read the article……………..
HOA Landscape – Consult Experts Before Making a Decision
When running a HOA, you often have to make a lot of decisions about how to upkeep the neighborhood – without building the kind of resentment that gives HOAs a bad name. Overall landscaping of the neighborhood is something everyone notices. HOA landscape guidelines should balance the needs of the community between aesthetics and harmony. […]
4 Ways Ignoring Experts Are Detrimental to HOA Boards
We’re thinking that failing to seek experts’ opinions before the Board issues its decisions (attorneys, CPAs, landscapers) could prove quite the bad idea. Read on for examples in which doing so would inure to the HOA’s detriment — and to the Board members personally. Read the article……………..
The Critical Importance Of Properly Serving A Construction Lien Claim (NJ)
So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the condominium building where you performed your work. All set, right? Not so fast, according to […]
What Happened When a Texas Homeowner Association Opted to Sign with a Single Hauler
Ever think that your homeowners or condo association is plowing ahead with an ill-considered project? Ignoring its own rules? Now and then, here and there, many people feel this way, but at the same time they are daunted by the time and effort to take on the governing board. To cheer one’s hopes, here’s a […]
6 Steps to Create a Vendor Management Process
A business manager can create strategies for improvement to various internal processes, but the strategy is only as good as the implementation. Many managers are recognizing the need for a comprehensive vendor management process to improve efficiency along with other goals to increase the bottom line. Here, we’ll go through a step by step process […]
Managing Your Vendors in an HOA Community
As a board member, you are responsible for many aspects of your association. One of these tasks is selecting projects to complete and the vendors who will work on these projects. Whether it’s scheduling routine pool maintenance or arranging for new trees to be planted in the community park. Below are some step-by-step tips for […]
6 Tips on Preparing HOA Vendor Bids and Evaluating Responses
HOAs exist for the benefit of all the HOA’s homeowner members. The elected Board takes care of the day-to-day business of the HOA. Of course, the Board cannot complete every maintenance job or other work that the HOA needs. So, one of the Board’s duties is to hire the best people (or company) for the […]
Hide & Seek – Finding the Right Experts for Your Association
When looking for the right experts for your community association there are many places that you will have to search, much like the game of Hide & Seek you might have played as a child. To help avoid wasting time and energy, the Association should develop a strategy to help find the professionals that are […]
Why Hire Insured and Certified Vendors for your HOA?
To us, it’s clear why it is important to hire insured and certified vendors for your HOA, but sometimes members of the HOA Board might need some convincing. Here are five reasons to consider doing so. Read the article……………
Hiring—and Paying—Contractors: Who Holds the Purse Strings?
Co-op, condo and HOA living represents a unique social arrangement; it’s a paid-for membership club and a home at the same time. Many people enter into this arrangement without a complete understanding of the responsibilities of membership. Others, fully aware of their community responsibility, volunteer to help guide, shepherd and monitor the health and welfare […]
AB 534 Signed: Associations to Provide Notice to Members of Lien Claims (CA)
Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services or furnished material. Read the article……………..
Tips for Competitive Bids in Your Homeowners Association Community
A large part of running an HOA is hiring contractors. If your board doesn’t do their homework, your community could end up pay more than you should. Before hiring or renewing a contract with a third party, make sure you get a competitive bid. Not only will this help ensure quality work is done, but […]