One of the largest questions we get at Key CMI is about managing maintenance issues in a Homeowners Association scenario. Has your board of directors ever embarked on a significant community project, and once completed, it became evident the quality of the job didn’t meet expectations, but you sure saved a lot of money? HOA […]
Great Communication Makes the Most of Vendor Relationships
Working with vendors is a large part of serving on the board of a managed community. Every community has outside partners for services like landscaping, sanitation, cable and Internet provision, pool maintenance, valet services and more. Open and effective communication among the board, the management company and the vendors employed by the association is an […]
Discover the Truth About Your Contractor (WA, OR)
A recent newspaper article warned homeowners of an inspector who had been fined more than $80,000 by Oregon’s Construction Contractors Board (or “CCB”) for performing illegitimate inspections and using the license number of an inspector who had the same first and last name. It is a reminder that licensure comes with important consumer protections, including […]
When To Retain a Licensed Engineer
It is commonplace for businesses and community associations to retain an accountant, or a lawyer, or a financial advisor; but how often does one think about retaining a Professional Engineer? Engineering oversight on your technical projects pays for itself in lower total cost, higher quality, financial security, and legal resilience, and for an investment that […]
Correcting HOA Maintenance Dysfunction
Here’s How The Problems Start: The board of directors of a homeowner’s association is entrusted by the residents to hire a contractor to perform a complicated reconstruction project. Unfortunately, condominium board members are not very good at writing contracts or issuing requests for proposal or collecting bids. When a contractor is selected, the scope of […]
Hiring An Owner’s Rep: Save Time, Money and Peace of Mind
When an Association’s Board of Directors begin exploring a new construction project, oftentimes the cost of the endeavor is at the forefront of their thought process. And rightly so; depending on the size and scope of the project, it could represent the biggest expense the Community has taken on in many years, and the biggest […]
How to Resolve Issues With Reluctant Business Services
Everyone makes mistakes, and businesses are no different. A provider who your association relies on may make a mistake, costing your association money. Of course, that doesn’t mean they are always willing and ready to fix the problem. To resolve issues with reluctant business services, check out these tips. Read the article…………..
Competitive Bids for HOA Services
When buying an expensive item, you probably shop around a bit to try and find the best price. Similarly, it’s common to shop around for different HOA services to get competitive bids and save the HOA money. If your association is considering getting competitive bids, check out these three facts. Read the article…………
Sure, you can read it but this is our STANDARD LANGUAGE
We have all seen onerous and unfair language in contracts, waivers, releases, invoices, disclaimers, disclosures, notices. Sometimes it is in the dreaded “fine print.” Sometimes it is in large bolded, underlined print. When one party challenges such language, we often hear the response: This is “industry standard.” Don’t agree to proposed language based on an […]
Outsourcing Services: Getting the Most for Your Community’s Dollar
In the perennial struggle to control costs while still adequately maintaining a building or HOA’s physical plant, grounds, and other day-to-day business, some boards and managers are opting to hire superintendents, custodians, and other staff on a temporary, as-needed basis, or to partner up with neighboring associations to share one super or groundskeeper between them. […]
Requirements for Contracts Entered Into by Florida Condominium Associations
Contracting with vendors and service providers is part of the normal course of business for many condominium associations in Florida. Generally, section 718.3026, Florida Statutes provides for certain requirements when an association contracts for products and services. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of […]
Establishing a Relationship With Vendors Local to Your Condo: How Associations Are Keeping It in the Neighborhood
Condominiums and cooperatives are first and foremost hubs for communal living. Residents work together on or with the boards of their associations to keep their properties functioning seamlessly day in and day out. So then why wouldn’t this collaborative spirit extend outward to the surrounding neighborhood? Especially in New York City, there are local vendors […]
Fundamentally Altering the Employee/Employer Relationship between Community Associations and their Management Companies & Independent Contractors
Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees. However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux. The new standard employed by […]
New Jersey Supreme Court Gives Supreme Win to Policyholders
Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division’s holding that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” and an “occurrence” under the 1986 Insurance Services Office, Inc. (“ISO”) form commercial general liability (“CGL”) insurance policy. This holding is welcome news to real estate developers, general contractors, and […]
How to Write Requests for Proposals for Best Results
Requests for Proposals (RFPs) are a tool managers can use to ensure the best products and rfpspecifications are used in their projects. By getting all vendors to bid on the same specifications and use the same materials you are ensuring that you are receiving comparable bids at the most competitive pricing. However, if it is […]
Vetting Your Professionals: Hiring the Best People for the Job
There is always work to be done on a building, whether it’s a simple lobby repair or a major capital improvement, and finding the right contractor for the job takes some work. If the vetting process is not done properly, the results could be disastrous. Read the article………..
Selecting the Right Vendor-Partner for Your Community
Vendor relationships are about partnership, built on trust that deepens over time. Choose the right vendor-partner and you’ll receive quality work at a reasonable price; make the wrong choice and you might end up with a very expensive legal headache. Your residential or commercial property management company can help you navigate the detailed and time-consuming […]
Material Supplier Construction Lien Rights: Lien Releases (FL)
One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, […]
Vendor Consolidations
Board members, community managers and homeowners are constantly hiring vendors for various reasons, such as landscaping, painting, fencing, roofing, etc. However, some vendors just do a better job than others, which is why some communities with HOAs have pre-approved vendor lists. When something needs to be done, it has to be performed by one of […]
Receiving a Lender Project Questionnaire
There is nothing quite as daunting for a community association board member or manager as a Lender Project Questionnaire, sometimes also referred to as a condo questionnaire or a PUD questionnaire, finding its way to your desk. As your trusted association attorneys, we want you to understand your rights in regards to filling out these […]
Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud (NJ)
When finding and hiring contractors to perform construction work, property owners rely on information provided by the contractor, especially relating to the experience, skill and specialized knowledge they possess to perform the requested job. But, what happens when the contractor does not have the adequate experience and knowledge to perform the work properly? According to […]
Importance of HOA Contracts
Each year, thousands of homeowner associations across the country engage in complicated renovation projects that run the gamut from siding replacement to roof overhauls to dryrot repair to new decks and fences. Aside from the complexity of the tasks themselves, all need a carefully crafted construction contract that not only describes the scope of work […]
Lines of Communication: Who Gets to Boss Around the Landscapers?
One of the largest contracts an association often holds is a landscaping contract. Keeping common areas well maintained is one of the most basic association responsibilities. And, of course, one of the most expensive and time-consuming contracts to obtain is a landscaping contract. Finding a professional, well-respected, and affordable landscaper can be quite the task […]
Community Upkeep, Maintenance and Avoiding Problems and Emergencies
First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about liabilities, terms, provisions, or implications of the contract. The other single most important thing that […]
Is Your Association Is Planning a Maintenance, Repair or Restoration Project? You Better Read This First!
At some point in time, every association is faced with a major maintenance and repair undertaking, whether it be concrete restoration, elevator refurbishment, new roofs or a similar monumental task, which requires the association to place their trust, and a large sum of their money, in the hands of contractors, engineers and architects. Read the […]
Why an HOA Board Should Use Caution When Hiring a Contractor
Finding a contractor who will perform quality work at a reasonable price can be a daunting task for any HOA board. It’s always a good idea to use contractor caution and ask for references, contact the Better Business Bureau and your state licensing bureau to see if there are complaints against a prospective contractor. In […]
Choosing The Right Contractor For Your HOA Renovation Work
The curious expression “Is you is or is you ain’t?” has a number of meanings but one is “are you really what you appear to be?” Appearances can often be deceiving and none is more prone to deception than construction contracting. Since most HOA boards possess little knowledge of how contract jobs should come together, […]
A Sound Relationship: Cultivating Connections with Vendors
Dealing with service vendors is a necessity for any condo development, as there are always going to be things that need to be repaired, replaced, serviced, cleaned or renovated. Read more……..
How to Find and Contract the Right Elevator Service Company
Requesting maintenance proposals from an elevator service company can be a daunting task, because so little is known about elevators in general to the riding public. What is important is that you consider the value of the service in reference to your budget. Various types of coverage are available in the market, so you want […]
Negotiating Better HOA Contracts
Winter is the time of year that the board should be arranging and reviewing proposals for fair weather renovation projects. Painting, fencing, pool replastering and roofing are but a few of the major items that fit the profile. There are several practical reasons for starting the process early: Read more……..
Unlicensed Contracting in Florida: Beware of Arbitrating This Issue
The Florida Statutes provide for licensing of certain contractors performing work in this state. If a contractor does not have the requisite licensing, that contractor will not be able to enforce its contract or lien rights. See Florida Statute Section 489.128. This is a dagger to any person seeking to enforce such an illegal contact. […]
General Contractors: Make sure you have a Subcontractor Exception to the Your Work Exclusion in your CGL Policy
Do you know what your CGL insurance policy covers? General contractors may expect that their CGL policy covers the cost to repair defective work, or other components of the project that were damaged by defective work. This may be one of the primary reasons a contractor purchases CGL insurance. Read more……..
What You’re Getting Into: Vetting Contracts Before You Sign
Few things can raise one’s blood pressure like signing a big contract. That can be especially true for board members or managers signing sometimes mammoth contracts on behalf of a co-op or condo association, obligating their neighbors, friends and themselves to page after page of fine print. Read more………..
Vetting Contracts Before You Sign – Know What You’re Getting Into
Condominium associations should seek professional help before signing on the dotted line of an unfamiliar contract. Signing too quickly may result in big regrets, say managers and attorneys. Be cautious, and nail down the specifics first. Read more……..
Know what to look for when dealing with contractors
Community associations hire dozens of contractors to perform myriad maintenance and administrative tasks. Some are major undertakings, like replacing roofs and decks. Others are smaller, like auditing the books or shampooing carpets. Read more………
Managing Vendor Agreements in your HOA
As an HOA board member, you’re taking on an active role in your community. Obviously, this means making sure the community runs well; but, this role also covers all of the general upkeep issues, such as gardening, cleaning and laundry room service, and any other ongoing “handyman” type projects—tasks which often require HOA board members […]