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Documents/Rules

/ Owner - June 20, 2012

Articles About Documents and Rules  for Condominium and Homeowner Associations

Amending Documents in Condominium and Homeowner Association

  • Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024
    The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer).   Read the article…………………………….
  • Compliance with State and County Recording Requirements For Amendment Filings Is No Easy Task (OH) November 13, 2023
    When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the County will refuse to record the amendment.   Read the article…………………………….
  • Amending Your Governing Documents – Why, When, & How to Make Changes October 6, 2023
    In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary somewhat from community to community.   Read the article………………………………..
  • Time to Give Your Governing Documents a Tune-up? (NY) September 30, 2023
    Like the family car, co-op and condo governing documents need periodic tune-ups if you want to avoid costly breakdowns in relations between boards and residents. The “mechanic” guiding these tune-ups will be the board’s attorney. Here’s a check list:   Read the article…………………………

Amending Documents Archives

Creating Rules & Regulations for Condominium and Homeowner Associations

  • Portsmouth homeowners association working to get ‘back to normal’ after leadership dispute (VA) February 22, 2024
    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) February 22, 2024
    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) February 22, 2024
    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? February 22, 2024
    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 agent.   Read the article…………………………….

Creating Rules & Regulations Archives



Enforcing Documents & Rules

  • Portsmouth homeowners association working to get ‘back to normal’ after leadership dispute (VA) February 22, 2024
    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) February 22, 2024
    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) February 22, 2024
    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? February 22, 2024
    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 agent.   Read the article…………………………….
  • New Legislation (CA) February 22, 2024
    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 lower and moderate-income households.   Read the article…………………………….

Enforcing Documents & Rules Archives

General Articles About Documents & Rules

  • Understanding Your Condo Association’s Declaration: A Guide for Homeowners February 14, 2024
    Living in a condominium community comes with numerous benefits, including shared amenities, maintenance services, and a sense of community. However, it also entails certain responsibilities and obligations outlined in the condo association’s declaration. This document serves as the foundation for governance within the community, establishing rules, regulations, and guidelines that all residents must adhere to. In this article, we’ll break down the key components of a condo association’s declaration to help homeowners better understand their rights and responsibilities.      Read ...
  • Condominium Owners Should Recognize Their Rights and Understand their Responsibilities (MA) December 18, 2023
    “I know my rights!” This is a statement association boards hear frequently from owners, usually in response to a board decision, covenant or rule requiring something owners don’t like or prohibiting something they want to do. As it turns out, many owners don’t really know their rights.    Read the article………………………………….
  • Historic bill to repudiate racially restricted deed covenants passes (PA) December 15, 2023
    The Pennsylvania Senate made history Wednesday by unanimously passing state Rep. Justin Fleming’s legislation (H.B. 1289) that would help rectify the legacy of biased housing practices by making it easier for property owners to repudiate discriminatory deed covenants.    Read the article…………………………………..
  • Common HOA Rules Homeowners Accidentally Break December 9, 2023
    We know rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company, too. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is an attractive, inviting place to live.   Read the article……………………………….

General Articles About Documents & Rules Archives

Dispute Resolution for Community Associations

  • Here Is How To Handle a Homeowners Association Dispute the Right Way February 17, 2024
    People seem to have a love/hate relationship with Homeowners Associations, or HOAs. Some love them, while others will never live in another HOA community again.  Disagreements and disputes can arise between residents and the HOA, causing tension among residents. And these tensions can be stressful. And sometimes, they can drastically increase the cost of homeownership.   Read the article…………………………….
  • Condo, Coop, HOA Board vs. Dissidents – Navigating Contentious Times February 8, 2024
    In the intricate realm of community associations, addressing the process of compelling a vote to remove a board is a crucial but often overlooked aspect. One of the primary challenges arises when the sitting board refrains from calling a special meeting, necessitating potential litigation funded personally by the owners or shareholders.    Read the article…………………………….
  • Avoiding and Mitigating Owner Disputes in Community Associations (FL) December 20, 2023
    With neighbors living in close proximity to each other, all mutually bound by set rules and edicts, communities with associations are oftentimes fertile ground for spats and disputes. The best boards of directors and property managers understand that disputes between owners may arise from time to time and should strive to settle them as reasonably and quickly as possible in order to promote community harmony and quality of life.   Read the article…………………………….
  • What falls under the authority of an HOA? (FL) December 16, 2023
    When you move into a community with a homeowners’ association, you must agree to adhere to the terms of the neighborhood covenant. Each HOA is different, and the specific rules that may apply to you depend on your individual community.     Read the article…………………………..

Dispute Resolution Archives

Pets in Condominium and Homeowner Associations

  • Miami Herald Column on Addressing the Presence of Crocodiles in Community (FL) February 22, 2024
    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 in Fort Lauderdale woke up to scary sight: a scaly saltwater crocodile lounging the day away on their dock. The large and potentially dangerous reptile ...
  • HOA Homefront: Reader wants to know, ‘Is my dog allowed?’ (CA) February 17, 2024
    Q: I am hoping you could help me with my HOA that’s trying to remove my daughter’s support dog because of its weight and breed. They are threatening to come and have her removed because she got too big. Can they do this? It would devastate my daughter if they took her dog  Read the Q&A………………………………..
  • HOA board learns dog parks are expensive (NV) February 6, 2024
    Q: I am the vice president of a homeowners association in Las Vegas, which is considering establishing dog parks. I would like to talk to a HOA that has dog parks but have not been able to find any. Read the Q&A………………………………..
  • 14 Condo Assn’s. Fined for Sea Turtle Violations (FL) December 22, 2023
    Under Marco’s Sea Turtle Lighting Ordinance, “after one warning in a calendar year, excluding an irreparable event (a sea turtle dies) the following shall apply:”    Read the article………………………………
  • Pet ownership and homeowner’s associations in Connecticut December 15, 2023
    Homeowner’s associations play a crucial role in managing community living. This often includes setting guidelines for pet ownership. Establishing transparent and fair pet policies is essential for maintaining harmony and ensuring the well-being of residents and pets within the HOA community.    Read the article…………………………

Pets Archives

Renting in a Community Association

Renting Archives

Parking Issues in Condominium and Homeowner Association

Parking Archives

Noise Issues in Condominium and Homeowner Associations

  • Noise Complaints – What Are a Condominium Corporation’s Obligations? (ON) August 8, 2023
    In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the day and night”. Much of the sound was alleged to be attributable to a baby who was residing in the upper unit.   Read the article………………………..
  • Court sides with neighbors, files list of injunctions for A.J. Hammons house parties (IN) July 24, 2023
    The neighbors, along with HOA sought to keep Hammons from having any parties at the home of more that 20 people.  In court documents filed Friday, the court ruled that no Indiana laws would allow such a restriction, however, a list of injunctions were filed to address the nature of the parties.   Read the article………………………..
  • Oak Cliff neighborhood hiring police officers to stop 4th of July illegal fireworks, gunfire (TX) July 3, 2023
    Residents in Oak Cliff said they’ve been fighting for years to stop fireworks and gunfire during the Fourth of July holiday. This year, the HOA is hiring extra patrols to keep the neighborhood safe and quiet, especially for the elderly. FOX 4’s Rebecca Butcher spoke to those in the neighborhood who said the commotion has been out of control.   Read the article………………………..
  • Australia: Noisy Strata Neighbours – The Top Noise Complaints June 13, 2023
    Strata apartments come with many perks for owners and tenants but of course, there’s also a downside with one of the biggest complaints being noise. As more and more people enjoy apartment living noise complaints have increased in recent times by 33%* and they continue to rise.   Read the article………………………..
  • Neighbors, HOA, file lawsuit against house on Fall Creek Road (IN) May 27, 2023
    Court documents show four people and the Harrison Run Homeowner’s association have filed for a temporary restraining order and for preliminary injunction against the owner of the home.   Read the article………………………..

Noise Archives

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