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Disaster Planning & Management

/ Owner - August 7, 2012

Disaster Planning & Management for Condominium & Homeowner Associations

How to Save on Emergency Supplies – Disaster Prep on a Budget

  • Top 10 Amenities Residents Want In A Condominium Corporation (ON)
    Many condominium corporations have amenities that give residents even more opportunities to enjoy their community. These amenities, funded primarily through common element fees, play a pivotal role in shaping the quality of neighbourhood life. They also help a condominium corporation remain competitive in the homebuying market and increase property values. Read on to learn the ...
  • South Africa: Mooikloof estate takes man to court to seize his stand after failing to build within a year
    The Mooikloof Glen Estates Home Owners Association took a stand owner to the North Gauteng High Court in Pretoria in an effort to seize his stand after he failed to build a house within a year of buying the piece of land.  Read the article…………………………….
  • Boise-area HOA sued couple over their home businesses. They say it’s discrimination (ID)
    An Eagle family says they’ve been discriminated against after being sued by their homeowners’ association over the businesses they run from home. The HOA has asked the court to stop the couple from operating their businesses at home and pay several thousand dollars in fines.    Read the article…………………………….
  • Term Limit Law Still 2 Years Away (FL)
    Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the ...
  • ‘We are homeless’: With rebuilding yet to begin, future unclear for some Timber Creek condo owners displaced by fire (IN)
    Many residents of the Timber Creek condos have been neighbors for a long time, so it’s no surprise that they meet frequently for coffee or a meal.  Except, it’s been nearly a year since many of them have lived in close proximity to each other, as a fire in April 2023 made 36 condos uninhabitable. ...
  • Australia: Landmark Ruling in NSW Court of Appeal Changes the Game for Builders and Developers
    In a bustling courtroom filled with legal practitioners, developers, and contractors, the New South Wales Court of Appeal delivered a judgment that has sent ripples through the construction industry. At the heart of this legal battle was the question of whether a builder and developer, accused of constructing a defective building, could share the blame—and ...
  • Court must provide ‘concise but clear explanation’ for reduced fee award (VA)
    A trial court’s failure to explain its reduction of attorneys’ fees awarded to the plaintiffs — who substantially prevailed in litigation against a homeowners’ association — resulted in the Virginia Court of Appeals remanding the case for reconsideration.   Read the article…………………………….
  • Hotel-Condominium Governance Litigation: Could IconBrickell Go National?
    In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 ...
  • A Parking Primer (FL)
    So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less ...
  • Florida’s Condo Prices Are Falling As Cost of Insurance and HOA Fees Skyrocket
    Prices of condos in major Florida metros are dropping year over year, and sales are declining. New condo listings are soaring as sellers try to offload their properties. That differs from the U.S. as a whole, where condo prices are rising, sales are holding steady and new listings are increasing at a much slower rate.  Read ...
  • Hoarding in Condominiums: When Individual Rights Clash with Community Concerns
    The recent case of Board of Managers of the 48-54 West 138th Street Condominium v. Flora Burdock highlights the complexities that arise when an individual unit owner’s behavior impacts the health, safety, and well-being of a condominium community. In this case, the condominium board sought legal intervention to address a severe hoarding situation within Ms. ...
  • Preparing HOAs for the Future: 3 Tech Trends Changing Community Management
    Homeowner associations (HOAs) have rapidly grown in popularity over the past few decades. Nearly 30% of American households now live in an HOA community. With this growth comes new opportunities and challenges, especially when it comes to leveraging technology to meet rising homeowner expectations. HOAs that fail to adapt and embrace innovation will quickly fall ...
  • Manchester Community Center suing Harbor’s Point Association (MA)
    The nonprofit Manchester Community Center is suing its landlord, Harbor’s Point Condominium Association, claiming the association engaged in unfair and deceptive trade practices.  The lawsuit, filed Feb. 20 in Essex Superior Court in Lawrence, seeks damages amounting to $1.3 million.  In the suit, the Community Center alleges Harbor’s Point forced the center to sign leases ...
  • Homeowners Association Manager Embezzled Nearly $25K: Pinellas Sheriff (FL)
    A former homeowners association manager faces charges after embezzling nearly $25,000 from the association, according to a Pinellas County Sheriff’s Office news release.   Read the article…………………………….
  • HOA potlucks can be so complicated (NV)
    Q: Are there any requirements for a potluck that would be held at the community clubhouse? I received three conflicting opinions. One individual stated that no homemade food is permitted in the clubhouse. Another individual said that a food handler’s license is required. A third indicated that a stove is required in the clubhouse. I’m ...
  • For some residents of East Garrison, their dream home has become a nightmare. (CA)
    The overarching story they all tell is that over the course of the last year-plus, leadership changes in the HOA – which has a board of four residents and one seat for a representative from a developer – combined with a new company managing the HOA, …… have turned what was once a peaceful, neighborly ...
  • Why should my HOA pay to clean a private pond that borders only a handful of homes? (FL)
    Question: We are a condominium association. We have a common element pond that is maintained with association funds.   There is another pond that we do not own but that backs up to three or four homes in our community. For over 25 years, no community funds were used to clear or clean this pond. However, ...
  • Illegal construction forces DC residents out of condos
    Residents of a condo in D.C.’s Adams Morgan neighborhood need to find a new place to stay because of illegal construction work at an empty building next door.    Video news report……………………..
  • Condo Smarts: Investors need to be aware of their liabilities (BC)
    Dear Tony: As owners of an investment property, we hope you will include our letter for other investors and strata councils to read. We owned two condos in Metro Vancouver that were permitted short-term rentals. They were frequently booked and a profitable investment for our retirement.    Read the Q&A………………………………..
  • How to Handle Absent Condominium and Homeowners Association Board Members (FL)
    Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position.  Read the ...
  • What’s on Your Agenda? (FL)
    Over the last several months, several questions concerning agendas have resurfaced. For ease of reading, I have listed some of these questions below with a shortened version of my responses.    Read the Q&A………………………………..
  • ‘A property rights issue’: Bill prohibiting HOAs from requiring grass lawns died in committee (ID)
    Sen. Rick Just’s opening PowerPoint slide had a direct and succinct message, “I’m not coming for your lawn.”  Just, D-Boise, was presenting a bill to the Idaho Senate Commerce and Human Resources Committee that would open up more neighborhoods to alternative methods of landscaping by prohibiting homeowners’ associations from requiring grass lawns.    Read the article…………………………….
  • Lake Monticello residents ready to take fight over water rates to Richmond (VA)
    The water may be placid but the water rates are rising fast at Lake Monticello.  Aqua Virginia, a utilities company which provides water and waste management to 36 localities across Virginia, has proposed an overall rate increase of 29.4% for its customers residing in the Fluvanna County gated community surrounding the manmade lake.    Read the ...
  • Suspects in Arlington condo graffiti incident have agreed to turn themselves in, pay for damages (FL)
    In an act of taking responsibility, three individuals who were videotaped vandalizing condominiums in Arlington have agreed to turn themselves in and pay for the damage they caused.   Action News Jax has been following this story since Saturday when surveillance video reportedly captured several people vandalizing homes at Teakwood Villas.     Read the article…………………………….
  • Who Are the “Beneficial Owners” of a Missouri Homeowners Association or Condominium Association?
    As we discussed last week, most Missouri HOAs and COAs are organized as nonprofit corporations that have not applied for, and may not be eligible for, tax-exempt status under Internal Revenue Code Section 501(a). As such, they may be considered “reporting companies” as defined in the Corporate Transparency Act (the “CTA”). That means they would ...
  • HOA Homefront: New Law Restricting Watering of HOA “Nonfunctional Turf” (CA)
    Dear Mr. Richardson: Can you address AB1572 which will have a huge effect financially on our HOA?  Read the Q&A………………………………..
  • Are HOAs required to ensure ADA compliance? (CT)
    Per ADA stipulations, every public facility is required to provide reasonable accommodation for people with disabilities. The ADA applies to “public accommodations.” Homes are generally private. However, there are ways in which the usage of spaces like common areas can transform certain areas into “public spaces” that are subject to ADA compliance requirements.  Read the article…………………………….
  • Going green in multi-family buildings (IL)
    In Forest Park, a condominium development is proving that it’s possible to live green in a multi-family building.  The board and residents are working together to back new sustainability measures that they think can be applied to other buildings in the area.   Read the article…………………………….
  • Justice Dept. seeks forfeiture of Russian businessman’s Bal Harbour condos (FL)
    Authorities announced Thursday that a civil forfeiture complaint was filed against the condos owned by sanctioned Russian businessman Viktor Perevalov, the co-owner of a Russia-based construction company that was sanctioned for building a highway in Crimea, a Ukrainian peninsula that Russia seized in 2014   Read the article…………………………….
  • Board members should show their faces — live (IL)
    Q. The board of our association conducts board meetings via video conferencing. One of the board members turns off his camera, or posts a profile picture instead of the live video. This board member does not contribute much to the discussion during the meeting, but does vote.   Read the Q&A………………………………..
  • Arlington vandalism suspects have until Friday to avoid charges, condo’s HOA said (FL)
    Several suspects accused of vandalizing Arlington condos have until Friday to avoid charges. That’s according to the complex’s HOA.   Neighbors and the HOA were ready to make some improvements to the property this week. But they found explicit pictures and swear words on walls and stairs that might change those plans.   Read the article…………………………….
  • Ketchum buys a condo in Warm Springs for deed restriction (ID)
    A unit in the Parkside neighborhood of Ketchum is being sold to the city at a discounted rate in order to be preserved as community housing.  To qualify as Category Local, a household must have at least one nondependent member who works full-time for an organization in Blaine County.    Read the article…………………………….
  • Magnolia Point residents challenge amenity fees imposed by Community Association (FL)
    Magnolia Point Golf and Country Club is quietly nestled behind guarded gates, surrounded by a matrix of moss-draped oaks and magnolia trees. The community is a sanctuary of solitude and affluence, where a semi-private golf course ambles throughout the 1,000-acre development.  But hidden in seemingly picture-perfect seclusion is chaos. The stylish, if not privileged, setting ...
  • HOA insurance premiums skyrocket across Colorado, driving up condo dues
    To say Rosalie Hayes was stunned when she opened the letter describing a dues increase at her Arvada condo complex this year would be an understatement.  “When I opened this letter, it was just like you could have knocked me over with a feather,” she said. “It was a shock.”  Read the article…………………………….
  • Portsmouth homeowners association working to get ‘back to normal’ after leadership dispute (VA)
    Newly elected homeowners association leaders of a middle class community in Portsmouth are working to get things back on track after fighting with a board residents say had been hijacked by some politically-connected individuals.   Read the article…………………………….
  • Condo fire extinguished by melted water pipe leaves $500,000 in damage (SK)
    An early-morning fire in a condo building’s ceiling partially put itself out when it melted a water pipe, but the damage left behind added up to an estimated $500,000.   Read the article…………………………….
  • State Rep Pushes Legislation to Regulate Property Management Comps, Community Association Mgmt (GA)
    Companies that manage homeowners’ associations could soon be subject to more regulations.  State Representative Dar’shun Kendrick (D-Lithonia) recently introduced House Bill 1258, legislation she says will “increase accountability for property management firm brokers and community association management brokers.”     Read the article…………………………….
  • Property Lien In North Carolina: What Does It Do?
    When a homeowner encounters a property lien in North Carolina, it can be a source of confusion and frustration. As such, all homeowners must understand property liens, their possible consequences, and how they can affect them. It is not always easy to navigate the ins and outs of liens, especially without a lawyer or an ...
  • New Legislation (CA)
    AB 572. Assessment Limitation. Beginning January 1, 2025, new associations with affordable housing are limited to assessment increases for affordable housing to 5% plus cost of living, not to exceed 10% greater than the preceding regular assessment. This does not apply to associations with 20 units or less. “Affordable housing” means a unit occupied by ...
  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.   Read the article…………………………….
  • Miami Herald Column on Addressing the Presence of Crocodiles in Community (FL)
    he article, which is titled “Crocodile in Community Generates Effective Response Chronicled in TV Newscasts,” focuses on a couple of recent news reports on 7 News Miami (www.wsvn.com) that illustrated how potentially dangerous wildlife incursions can impact local communities. It reads:  . . . The first report chronicled how residents at the Bay Colony Club ...
  • Smoking in condos does not always amount to nuisance (ON)
    While lots of condos have become smoke free, many either don’t regulate smoking or have granted legacy rights to existing smokers. The result is that, when owners complain about smoke in their units, both sides rely on their nose to argue that the other side is wrong about the degree of nuisance. In a recent ...
  • When Is an HOA/Condo Rental Amendment Unreasonable? (NC)
    When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals.    In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable.   Read the ...
  • Some Colorado HOAs ban using fire-resistant building materials. This proposed law could overrule that
    A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.    Read the article…………………………….
  • 2 people displaced after massive condo fire in Raleigh, officials say (NC)
    Two people lost their homes after a fire broke out at a condo building in Raleigh on Wednesday evening, fire officials said.   Read the article…………………………….
  • House amends estoppel certificate measure in a compromise with HOAs (FL)
    The House Judiciary Committee with a unanimous vote amended legislation that would prohibit homeowner or community associations from charging homeowners and buyers for estoppel certificates to alleviate concerns among industry leaders.   Read the article…………………………….
  • Demolition Underway at Deteriorating Condo Building in Coral Springs (FL)
    Demolition is underway of a decrepit condominium in Coral Springs, despite a request from a potential investor to save the building.  In 2021, the city declared the former Villa Bianca condominium at 3990 Woodside Drive to be unsafe, leading to the relocation of residents in 15 of the 16 units.    Read the article…………………………….
  • Castle Key (Allstate) Defends 53.5% Condo Rate Hike, Blames Reinsurance, Ian, Rapid Growth (FL)
    When Allstate’s Florida unit, Castle Key Indemnity Co., entered the surging condominium insurance market in 2020, it looked like it had made a smart bet: Within two years, the carrier had added no fewer than 123,000 policies.  Then came reinsurance price increases and $56 million in hurricane losses.    Read the article…………………………….
  • Lenders Identify Risks and Opportunities for Condo Lending (FannieMae)
    With the U.S. housing market continuing to confront the significant supply shortage of homes for sale, condos may play an important role in narrowing the supply gap of affordable housing options1. While condos represent nearly 10 percent of the mortgage market, they often play a larger role in many metropolitan areas2. Condos also present unique ...
  • Court sides with homeowners in NC ski country who want short-term rentals
    After a homeowners association in the North Carolina High Country tried to block short-term rentals during ski season, a court has ruled against the HOA.   Read the article…………………………….




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