Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state. Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The Florida DBPR is a governmental agency under the […]
Keeping it Private: Homeowners Struggle With Life on NYC’s Private Streets (NY)
Twice a week, 71-year-old Douglaston, Queens, resident Peggy Kalesis packs her trash-filled garbage cans into the back of her SUV and drives half a block from her home. She and her dozen Stuart Lane neighbors drop their trash in front of an understanding Depew Avenue resident’s home because Stuart Lane is one of the nearly […]
Relief on the way for Cañon City neighborhood plagued by flooding (CO)
A neighborhood plagued by flash flooding due to poor stormwater drainage design is finally getting the promise of relief from city leaders and its homeowners association. Dawson Ranch, on Cañon City’s far southwest side, endured millions of dollars in property and infrastructure damage from a severe hail storm on July 23. “Mud, boulders, it was […]
Assemblywoman Monique Limón’s Bill Jumps Into Fight Over Hollister Ranch Beach Access (CA)
Amid the high-stakes battle over access to the beach at Hollister Ranch, Assemblywoman Monique Limón, D-Santa Barbara, has proposed legislation that would make it easier for environmental activists to gain access to the beach through private land. The bill, AB 2534, would create the Hollister Ranch Subaccount, and would require up to $1 million received […]
Greenwood HOA board asks city to make overnight street parking illegal (IN)
A homeowners association board is asking the city of Greenwood to make overnight street parking illegal, but only in their subdivision. The president of the Tuscany Village HOA board presented a letter to the Greenwood City Council August 20. It asks the council to pass an ordinance that would reinforce existing Tuscany Village bylaws by […]
Wheeling won’t use tax dollars to help condo owners make repairs (IL)
Wheeling officials have rejected a request by condominium owners for about $200,000 in taxpayer dollars to complete major repairs at their complex. Cameo North Annex Association members asked for tax increment financing assistance — money that’s earmarked for economic development projects and improvements — to repair balconies at the 51-unit complex at 200 Deborah Lane. […]
Lake residents request dam maintenance (NY)
Several lake residents came out to the Syracuse Town Council meeting Tuesday to call for council members to move forward with maintaining the dam at Crosson Mill. During the public comment portion of the meeting, John Earnest said while not a resident, he does own a lake house on North Shore Drive and serves as […]
Buses will run as usual despite confusion about routes on private roads (SC)
Officials say Horry County Schools buses will run as usual on Wednesday despite confusion about routes on private roads. Earlier this summer, the South Carolina Department of Education issued a letter to school districts saying that school buses would not be allowed to travel down private roads without permission from the owners of the roads. […]
6 Reasons to Build Relationships with Your Local Government
Oftentimes when we think of government, we focus on the federal government – but there are plenty of local governmental offices that can significantly impact your community, like your city council or county authorities, school board, water district and special districts. Additionally, state senators, representatives and governors also heavily influence how our associations function. That’s […]
Local Governments and Community Associations: Who Enforces Your Regulations?
Your local government (county, city or town) is there to serve. The local government regulates the owners of your association through zoning, taxes them on your real estate and personal property, and provides services such as schools and law enforcement, just for starters. You see the local government at work, providing your community services for […]
County Recognizes 15 Neighborhoods For Building Community (FL)
Fifteen groups and individuals across Hillsborough County have taken top honors in Hillsborough County’s annual Neighborhood Recognition Awards program, recognizing those whose efforts go above and beyond to make a difference. The 2018 countywide awards program highlighted individuals, groups and organizations that have enriched the quality of life in neighborhoods through outreach, improvement projects, volunteer […]
Subdivision named Special Service Area (IL)
The Village of Glen Carbon will create a special service area in the Cottonwood Village V subdivision to help pay for street maintenance. At the last regular meeting of the Village Board, Village Administrator Jamie Bowden told trustees that representatives from the subdivision’s homeowners association had approached the village regarding street maintenance. Read the article……………
3 Ways Local Governments can Help Communities Thrive
As a board member, there’s often more to do than you have time for, and finding efficiencies is often easier said than done. But there’s one helpful resource that communities often forget they have at their disposal: local government. Whether your community is under the jurisdiction of a city, county or township, public servants and […]
A collaboration for community improvement (CA)
Lakeshore Park is most pleased to report all our Cal Fire and PG&E grant activities and goals were recently met. Like many communities in Eastern Madera County, the residents in Lakeshore Park on the north shore of Bass Lake faced it’s greatest challenge in a 60 year history. Bark beetles swept the area and left […]
You Care About the Subdivision Regulations, You Just Don’t Know It (Yet)
Everybody’s heard of the zoning code. Sooner or later, a developer will submit an application to rezone land near your home or business, and everyone snaps to attention. Neighborhood advocates awaken from hibernation. Developers lawyer up. Because these proposals can be controversial, they frequently make the local news. As a result, the zoning code has […]
Code RED
I was recently participating in a mediation for a client condominium association. We are pursuing a first party insurance claim for property damage discovered by the client. Due to the amount of repairs necessary for the project, the client triggered certain code upgrades required by the County and fire department. The upgrades were both unexpected […]
New Perspectives on Planned Unit Developments Article (PDF)
http://communityassociations.net/wp-content/uploads/2018/02/PUDs.pdf
Helpful City Services
Many board members receive homeowner requests for community events, complaints about violations, and questions about trash collection or stray animals. With only a limited budget and limited authority, what are board members to do when these requests go beyond the scope of their power? Many cities offer services to residents that can complement those the […]
Enforcement: Might a Local Ordinance Help Your Community Association?
What can an HOA or condominium association do when activity is occurring within the community that appears to be objectionable, but which is not specifically addressed in the Declaration of Covenants, Conditions, and Restrictions or other association governing documents? The clear answer, if the association wants enforcement power, is to amend the governing documents by […]
How Enhancement Matching Grant Programs can Benefit Your HOA
There are always improvements that need to be made around the property covered by your homeowner’s association. In some cases, however, low-income areas or a lack of attention to those improvements over several years can lead to big needs that the homeowners association budget simply isn’t able to cover alone. For these areas and projects, […]
Stormwater Permits: Preventing Your Owners Assn From Getting Stuck with Unnecessary and Potentially Large Expenses (NC)
Developers in North Carolina must obtain numerous permits from various governmental agencies prior to constructing a planned community or developing condominiums. Most construction permits end by their terms upon completion of construction of the project—but one permit, the Stormwater Permit (“Permit”)— continues into the future and the community owners association (“Association”) will be forced to […]
Hazen Hills Homeowners Association donates park to City of Kirkland (WA)
Mayor Amy Walen, Deputy Mayor Jay Arnold, Councilmembers Toby Nixon and Jon Pascal were joined by over 30 community members on June 10 to celebrate the transfer of Hazen Hills Park to the City of Kirkland. The park, located at 13215 121st Ave. N.E. in the Kingsgate neighborhood, was donated to the city by the […]
Cape Coral Condominiums: Old Building Permit Requirement with a New Twist (FL)
The Cape Coral Building Department has had a rule on the books requiring owners of residential condominiums in Cape Coral to have a letter from their association before pulling a permit to do work in condominium common areas. You might be thinking “I pulled a permit for something like that 3 months ago, and […]
The Risks of Delegating Infrastructure Maintenance to Community Associations
Common-interest community associations, including home owner associations (HOAs), condominium associations, and housing cooperatives, play a critical role in the maintenance of local infrastructure. Over the past few decades, a growing number of cities and counties have delegated the responsibility for long-term maintenance of common infrastructure associated with new residential development to community associations. This often […]
County Commissioners Consider Taking Over Roads
Bowie County commissioners will meet at 10 a.m. today to consider accepting maintenance responsibility for two roadways near U.S. Highway 67 inside the Redbridge subdivision. Both roads are in the county’s Precinct 4 Road Department area. The Redbridge Homeowners Association is asking the county to take care of the roads.
How one Franklin neighborhood is pitching a different sewage plant option
One Franklin neighborhood is voicing its concern with the city’s development plans for its new sewage treatment plant. The neighborhood of Chestnut Bend is next to the treatment plant near Franklin High School and Hillsboro Road, and on Friday, its homeowner association president along with Lystek International, a biosolid processing company, made its pitch for […]
Condo installs private well it cannot use
I don’t often write about municipal law decisions involving condominiums, but a recent decision of the Ontario Municipal Board (OMB) should remind condominiums that they need to rely on their professionals. A condominium had a private well drilled on the property to use for landscaping purposes. The condominium applied for a minor variance to the […]
Outside attorneys: Dunwoody Homeowners Association members on city boards is conflict of interest (GA)
The outside attorneys the Dunwoody City Council hired in June to weigh in on its directive that members of the Dunwoody Homeowners Association should be prohibited from serving on city boards agree with the city’s legal counsel that there “is a conflict of interest that arguably tends to impair the independence of his or her […]
When Boards Need to Act Like a Chameleon
Sometimes, co-op boards and their property managers need to be as adaptable as a chameleon. This came home during a recent oil-to-gas boiler conversion project, when the city changed the rules in the middle of the game – and the co-op board was forced, against its will, to adapt. The story began to unfold about […]
How to connect HOAs and cities
Homeowners associations are key elements of West Valley communities, but the original concept has outgrown its usefulness. Many cities make HOAs a virtual requirement before approving construction of new residential communities, but they eventually fall victim to their own success. The most successful HOA communities tend to develop their own identities, which leads their residents […]
Managing Municipal Reimbursements: Who Pays What, and When?
…..imagine sorting out the obligations, reimbursements and guidelines of municipalities versus homeowners associations when it comes to things like road and street maintenance, garbage and snow removal, and other civil necessities. Some states mandate how cities, towns and villages must handle the division of expenses between municipality and private HOAs…others like Massachusetts don’t. It’s an […]
Police in Condos
What does the board have to do if the police attend with a warrant? What if they don’t have a warrant? When should the condominium contact the police because of an incident that occurred on the property? Read the article……….
Getting Politicians to Care About Your Building (NY)
Back in 2011, New York City’s Department of Finance released its annual property assessments for residential buildings in all five boroughs, and co-op and condo residents in Northeastern Queens were not happy with the results. The valuations were comically high, double- and triple-digit increases, setting up huge city property tax increases. Read the article…….
FHFA Attacks Condominium Limited Priority Lien
The condominium “superlien” is under attack. That doesn’t overstate at all the concerted efforts now under way to revoke a measure that has been working well in many states for more than two decades. Nor does it exaggerate the potential threat to the financial health and viability of condo associations all over the country. Read […]
Condo Inspections: Check Yourself
Condominium associations, whether housed in a single building or in a sprawling development, provide a reliably cozy and comfortable community in which to live. But this comfort requires vigilance on the part of both board and management to ensure that the various and sundry components up to code, which can feel daunting for those on […]
Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?
On August 28, 2015, a new rule issued by the United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) became effective. The new rule is intended to redefine the term “waters of the United States” in an attempt to clarify what waters are protected under the 1972 Clean Water Act […]
Navigating Local, Federal Laws Can Be Challenging For Property Owners Associations
One of the chief complaints I hear from potential clients is that it’s a confusing, time-consuming chore to ensure their property owners association is in full compliance with local, state and federal regulations. This is never a surprise considering the many nuances related to subjects such as governing documents, recorded plat maps, design guidelines, and […]
Dealing with Code Violations: Better Safe Than Sorry
Remember that “better to be safe than sorry” adage? It applies to condo associations with regard to building code violations. Not only does it apply, it’s an understatement. No association wants to or intends to violate building codes. It’s the sort of thing that “just happens”—meaning that it often comes as a surprise due to […]
State Adds New Services to Assist Condo Owners (HI)
The state Department of Commerce and Consumer Affairs’ Real Estate Commission will launch two new services to help Hawai?i condominium owners. The Real Estate Commission created a new email subscription list for unit owners and the general public to provide greater access to and wider distribution of educational materials. REC plans to email materials, including […]
Community Association Managers, Lawyers, and Tooth Whitening?
So, what do state boards that regulate community association managers and dentists have in common? According to a decision from the U.S. Supreme Court last week, possibly more than you’d think. Interestingly, the case of North Carolina State Board of Dental Examiners v. Federal Trade Commission has received little attention beyond lots of chatter by […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]