Disaster Planning & Management for Condominium & Homeowner Associations

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

• HOA seeks repayment from Ivins for some $90K in overcharge (UT)
  Leaders of the Padre Lakes Homeowners Association have been in negotiations with the Ivins City Council about an overcharge on their water rates over the past five years, believed to amount to approximately $90,000.   Read the article…………………………….
• Community Associations on the Rise in 2023
  In 2023, 64.8% of all new single-family homes started were built within a community or homeowner’s association. This share increased from the 62.6% recorded in 2022, according to data tabulated from the Census Bureau’s Survey of Construction (SOC). This marks the third highest share since the beginning of the series in 2009, after the high ...
• Padre Island bulkhead repair work from Tropical Storm Alberto making progress (TX)
  Bulkheads on the Padre Island canals failed during Tropical Storm Alberto in June which caused severe damage to several neighbors properties.The Padre Isles Property Owners Association (PIPOA) has been working on repairs to fix the bulkheads for a few months, and according to PIPOA Executive Director Rick McGinley, the work is about halfway done.  Read the ...
• Plaintiff alleges breach of fiduciary duty against law firm over condominium association dispute (FL)
  A legal storm has erupted in Florida as a resident takes on a law firm and an attorney, accusing them of serious professional misconduct.  Read the article…………………………….
• 2-Alarm Fire At Alexandria High-Rise Injures 5 (VA)
  A fire at a condominium high-rise in Alexandria injured five people and went to two alarms Monday.  The Alexandria Fire Department responded around 2:47 p.m. Monday to a 15-story condominium building at 6301 Stevenson Avenue. Two residents and three firefighters were taken to the hospital with non-life-threatening injuries   Read the article…………………………….
• Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure (MI)
  As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. ...
• North Topsail HOA refuses to repair leaking roof, couple left with extensive water damage (NC)
  After Tropical Storm Debby two months ago, Jeff Wells and Jana Passe discovered water leaking from the roof into their condo at Topsail Dunes Villas on New River Inlet Road.  The couple contacted CAMS Property Management, and a remediation company set up dehumidifiers to prevent mold.  The HOA told the couple the roof was patched, ...
• HOAs Are Actually Good. Here’s Why
  It’s not all horror stories with homeowners’ associations. There are many HOA benefits if you sign up with a well-run one.  A recent YouGov survey estimates that one in five Americans live in a community governed by a homeowners’ association (HOA). These commonplace organizations often have a bad rap. However, not everyone has a homeowners’ ...
• Condo Control Rebrands to Reflect an Ecosystem that Works Better for Everyone
  Some say, if it works don’t fix it, but at Condo Control, we say if it works, we can improve it.  This strategy is one of the reasons for our ongoing international success and keeps Condo Control at the highest satisfaction rating in the industry, according to Capterra.    Read the article…………………………….
• South Florida in midst of condo crisis as rising HOA fees lead to surge in listings: ‘Don’t know how I’m going to stay’
  A growing condo crisis has gripped South Florida and a new state law requiring condominium boards to set aside reserves for repairs and maintenance is being blamed for a spike in the number of listings in the face of soaring HOA costs, according to a report.   Read the article…………………………….
• Elevator issues plague Merritt Island condo complex in wake of Hurricane Milton (FL)
  Residents at an 11-story luxury condominium complex on Merritt Island could see full elevator service restored soon after Hurricane Milton disrupted service last week, the senior living complex reports.   Read the article…………………………….
• Wildfire Risks and Costs for California HOAs: Financial, Legal, and Insurance Implications
  As California continues to grapple with the increasing frequency and intensity of wildfires, homeowners associations (HOAs) face significant challenges in protecting their communities from the risks and costs associated with these natural disasters. HOAs are tasked not only with safeguarding their properties and residents but also with navigating complex financial, legal, and insurance implications. Wildfires ...
• Carbon Monoxide Alarm Triggers Evacuation at Montclair Condo Building (NJ)
  A 27-unit condominium building in Montclair was evacuated on October 10 after elevated gas levels were found in the hallways and stairs and dangerous levels of carbon monoxide in the basement. The Montclair Fire Department reports that no residents were sickened.  Read the article…………………………….
• Carolwood condos might get historic resource status (CA)
  West Hollywood’s Historic Preservation Commission is set to discuss at a public hearing tonight whether the Carolwood Condominiums at 1033 Carol Drive should be named a local cultural resource.  The nomination for this designation was filed on June 18 by Architectural Resources Group, representing the Carolwood Homeowners Association. City Hall is recommending that the commission ...
• Assessment Limitations – 20% (CA)
  Boards are required to levy assessments sufficient to perform their duties. This legal duty falls on board members, not the membership.  Notwithstanding, more restrictive limitations placed on the board by the governing documents, the board of directors may increase regular assessments by up to 20% of the association’s preceding fiscal year without membership approval. The ...
• HOA board members must disclose conflict of interest (NV)
  Q: What an absolute breath of fresh air at the mere mention of fiduciary duty by a newly elected board member in your Oct. 6 Las Vegas Review-Journal column. At times, I have wondered if that idea, much less that legal requirement, of fiduciary duty had been tossed into the dustbin of history. I wish ...
• Condo Director Term Limits Questioned (FL)
  Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed ...
• Australia: My rules for a good meeting: recording decisions in meeting minutes
  Why is this important? If it is recorded in the minutes it is evidence of what occurred: Australian Securities and Investments Commission v Hellicar HCA 17. Recording of meeting attendees is evidence that they were present and took part in the meeting: R v Staples (1893) 19 VLR 457  Read the article…………………………….
• Finding sensible solutions to Florida’s condo safety challenges
  Florida’s condominium and homeowner associations have long been cherished for the sense of community, security and amenities they offer to millions of residents.  But that is quickly changing.  As a recent Tyson Group poll confirmed, the rising costs of living in these communities, driven in part by new safety regulations born after the Surfside condo ...
• Pokin Around: Homeowners’ associations can no longer ban chickens; a coop quickly goes up (MO)
  Because Jamey Murphy wanted his two daughters to experience caring for six chickens in their backyard, I’m writing today about the fact that homeowners’ associations across Missouri can no longer prohibit residents from having six or fewer chickens.  As a result, having chickens in the backyard — in locations where there is a homeowners’ association ...
• A Ghoulishly Good Time: Celebrating Halloween Without the Tricks in HOAs
  Halloween is creeping up, and it’s time for your HOA to brew up plans for a safe and spook-tacular celebration. With witches, goblins, and little monsters roaming the streets, it’s important to ensure safety and community spirit. Your HOA can be the hero of the night, like Frankenstein and his monster, with the right tricks ...
• Polk County Needs Forms from HOAs in Gated Communities to Pick Up Hurricane Debris (FL)
  Hurricane Milton debris collection will begin in Polk County on Monday, Oct. 14, and residents are encouraged to clean up storm damage and move debris to the curb for collection. However, it’s important to note that an extra step is required for Polk County residents who live on private roads or in gated communities.  Polk ...
• Understanding the Concept of Homeowners Association Dispute
  Living in a community governed by a Homeowners Association (HOA) offers numerous benefits, from maintaining common areas to ensuring property values remain high. However, disputes within HOAs are not uncommon. Whether it’s disagreements between neighbors, conflicts with the HOA board, or issues regarding rule enforcement, disputes can disrupt the harmony of a community and lead ...
• Several Departments Respond to Bright Condo Fire (IN)
  Several departments responded to a fire at a multi-family condo in Bright early Saturday morning. The blaze was first reported around 3:50 a.m. Crews worked in high heat and heavy smoke conditions to keep the fire from spreading to other units at the undisclosed location.    Read the article…………………………….
• Condo Smarts: How to establish strata user fees (BC)
  Dear Tony: We have several owners challenging our fees we charge for storage lockers, parking, extra parking spaces, and EV charging costs since a tribunal decision was issued a few weeks ago. The council have seriously reviewed our basic costs and admit some of the cost have no support and are too excessive, but others ...
• Williamstown Select Board Talks Policy on Plowing Private Ways (MA)
  The Select Board last week discussed a policy to guide decisions on whether to accept private ways for snow plowing by town personnel.  Actually, the town has an existing policy, and the Department of Public Works currently plows 10 private roads under that policy, which was enacted by the board in late 1980s.   Read the ...
• Annapolis beach community roiled by president’s theft charges: ‘He betrayed us all’ (MD)
  Oyster Harbor, one of 62 “special tax districts” in the county, collects $400,000 a year from a surcharge tacked onto residents’ property bills. The additional revenue is supposed to go to clearly defined community projects, like snow removal or shoreline erosion. But the county relies on community associations, usually run by volunteers, to enforce how ...
• Determination to rebuild follows Florida’s hurricanes with acceptance that storms will come again
  No sooner had residents of the Bahia Vista Gulf condominium complex dug out and from Hurricane Helene than they were faced with the same daunting cleanup from new damage inflicted by Hurricane Milton.   Read the article…………………………….
• All-clear given for condo residents after evacuating early Saturday (FL)
  The all-clear has been given for the Venice condo building that underwent safety inspections after taking damage from Hurricane Milton.   Read the article…………………………….
• Fire guts condo but association balks at paying its share to repair damages. Now what? (FL)
  Question: Our condominium unit caught fire earlier this year. It was electrical, with extensive smoke damage. We hired a contractor to do the restoration, and the contractor presented the HOA with an invoice to do the electrical, plumbing, and drywall, which is their responsibility.   Read the Q&A………………………………..
• Condo residents evacuate early Saturday (FL)
  Venice residents who had already survived Hurricane Milton woke up to yet another evacuation order.  Emergency crews working to repair damage from the hurricane found cracks inside a high-rise in the heart of Venice early Saturday. Most residents had evacuated the building before Milton’s landfall, but after the team’s discovery, anybody who stayed behind had ...
• Corporate Transparency Act: Impact to Illinois Community Associations
  “Corporate Transparency Act: Impact to Illinois Community Associations” – KSN attorneys Omar Malik and Sabina Arutyunyan discuss the Federal Corporate Transparency Act (CTA) and its impact to Illinois community associations. The CTA is a federal law requiring certain corporations, including most community associations, to provide board member information to the U.S. Department of the Treasury.  ...
• Membership Rights Checklist (CA)
  On request, the association must provide members the right to inspect and/or copy the documents listed in CC §5200 following the procedures in CC §5205-5240 (Chapter 6, Article 5 of the Act. Other portions of the Act contain requirements to provide other documents to members, or at least upon request.    Read the article…………………………….
• Management Company Duties Checklist
  The management company must give a written statement to the board, no earlier than 90 days before entering a contract, containing the following: (a) Names and business address of the owners or partners of the management company. If the management company is a corporation, it must include the names and business addresses of the directors ...
• Board Duties, General Checklist (CA)
  Know if and when your declaration (CC&Rs) expires. Older CC&Rs may terminate on a specified date if not extended. Some are doing so now. Calendar the expiration and any deadline to act. Some deadlines occur months before the expiration date. ONLY IF the CC&Rs contain no method to extend the term, CC §4265 provides for ...
• Membership Meetings Checklist (CA)
  Associations must adopt election rules Every corporation must have reasonable nomination and election procedures given the nature, size and operations of the corporation.   Read the article…………………………….
• Board Duties, Fiscal Checklist
  Associations must file a federal and state tax return or exemption statement by the 15th day of the third month after the fiscal year ends. Since requirements can vary, it is best to consult the association’s CPA or tax advisor regarding applicable filing or reporting requirements.   Read the article…………………………….
• SB800 and Governing Documents Checklist (CA)
  Notice to Members and Informational Meeting Information Typically Required for Meetings Through Governing Documents Read the article…………………………….
• Developer Transition Checklist
  Necessary Documents ? Developer Maintenance Agreement(s) ? Subsidy Agreement(s) ? DRE Budgets    Read the article…………………………….
• Bidding Checklist
  In every bidding situation, consider the following issues: Has the board defined its goals and objectives in this bid process? Are there any bidding requirements in the Association’s governing documents that the board should follow (i.e., a requirement to obtain at least 3 bids)?     Read the article…………………………….
• Annual Disclosures Checklist (CA)
  At least 30 days prior to the association mailing its required annual budget report and annual policy statement, an association must update certain owner information in its records. To obtain this updated information, an association must solicit the following information from the owners   Read the article…………………………….
• You’ve Been Served, Lawsuits Checklist (CA)
  Make a written note immediately of the name of the person who was served with the papers, the time and the date. Your attorneys and insurance carrier will need to know this information, as you have only 30 days in which to file a response in State Court and 21 days if the lawsuit is ...
• Issues for Inspectors of Election Checklist (CA)
  Issues for Inspectors of Election to Consider Checklist     Read the article…………………………….
• Security Camera Videos as Official Records of a Condominium or Homeowners’ Association (FL)
  Condominium and homeowners’ associations frequently install security cameras at various locations throughout the association property. In some instances, the cameras are monitored live, and images are recorded, and in other instances the images are simply recorded and available for retrieval in the event circumstances warrant their review. In most cases, the videos are automatically overwritten ...
• HOA Homefront: How the Corporate Transparency Act affects board members (CA)
  Congress in 2021 enacted the Corporate Transparency Act, a law designed to help law enforcement and intelligence agencies catch money launderers and international criminals.  All registered corporations outside of 23 exempt categories must file with the US Financial Crimes Enforcement Network and identify their “beneficial owners.”   Read the Q&A………………………………..
• MFD crews respond to condo fire on Starr Grass Drive (WI)
  Firefighters arrived on the scene are were able to put the fire out just after 4 p.m. The fire had spread to two places and was fought from inside and outside of the building.   Read the article…………………………….
• Insurance: Which Article is Correct? (FL)
  Experts say Florida insurance market can handle another hurricane this year — and stay healthy Back-to-back Florida hurricanes signal trouble for home insurance prices nationwide  
• Lay of the Land: Has Washington State Resolved the Condo Liability Problem?
  Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and the statute of limitations has now expired on the first condos subject to the new changes.   Listen to the podcast…………………………..
• “Bitter conflict”: Meeting ban sparks resident’s legal fight against BC strata
  A BC resident and co-homeowner embarked on a legal fight with her strata, forcing it to hold a new meeting after it allegedly barred and limited access to a previous meeting.The co-owner said a January 2023 special general meeting (SGM) didn’t comply with the BC Strata Property Act (SPA).  Read the article…………………………….
• Board Duties, Fiscal Checklist
  Associations must file a federal and state tax return or exemption statement by the 15th day of the third month after the fiscal year ends. Since requirements can vary, it is best to consult the association’s CPA or tax advisor regarding applicable filing or reporting requirements.   Read the article…………………………….