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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

  • Judge halts vote on Apple Valley POA bylaws amendment (OH) June 12, 2024
    Knox County Common Pleas Judge Richard Wetzel halted the voting Monday on an Apple Valley Property Owner’s Association bylaws amendment relating to short-term rentals.  The amendment restricts short-term rentals of less than six months. The POA planned to announce voting results at its June 22 annual meeting.  Wetzel granted a 30-day temporary restraining order (TRO) that 16 Apple Valley property owners filed against the association on May 29.    Read the article…………………………….
  • Four Steps to Amending HOA Covenants, Bylaws, and Rules June 8, 2024
    Homeowners’ associations evolve over time as the world around us changes. For example, a new law gets enacted (e.g., marijuana legalization), or new safety or communication needs arise. Sometimes in response, an HOA must create a new rule or amend a bylaw. Boards must know how to change HOA rules properly. You’ll want to be legally compliant, and manage the concerns of HOA members. This guide tells how to add rule amendments.   Read the article…………………………….
  • Improper Amendments Are VERY Expensive May 14, 2024
    Earlier this year, I blogged on the case of Johnson v. Board of Directors of Forest Lakes Master Association, 454 P.3d 623 (2019) unpublished (Kansas) and explained how improperly passing and/or filing amendments can be VERY expensive. This is true in every state, and today we learn of another way that amendment errors can be costly.    Read the article…………………………….
  • New Kansas law will allow homeowners to wipe away racist language from property deeds May 2, 2024
    Racially restrictive deeds and exclusionary covenants are still scattered across the Kansas City metro, embedded deep in the bylaws of homes associations and subdivisions’ rules, even though they can no longer be enforced. Now, property owners have a way to remove the language from the documents.   Read the article…………………………….

Amending Documents Archives

Creating Rules & Regulations for Condominium and Homeowner Associations

  • The State of HOA Reserve Funding: Are Associations Nationwide Meeting the 70% Benchmark? June 20, 2024
    Homeowners associations (HOAs) play a critical role in managing and maintaining the common areas and amenities that enhance the quality of life for residents in communities across the United States. One of the key responsibilities of an HOA board is to ensure the association has adequate reserve funds to cover the future repair and replacement costs of major components, such as roofs, paving, and pools. Achieving a reserve fund that is at least 70% funded is considered a benchmark for ...
  • The dust won’t settle! (AB) June 20, 2024
    Big Lakes County has denied a request from Hilliard’s Bay Estates for council to provide dust control on the main gravel road leading to the residential community.  At its regular meeting May 22, council approved a recommendation by administration to reject the request to provide dust control on Township Rd. 752A between the turnoff to Shaw’s Point Resort and the estates’ first gate.   Read the article…………………………….
  • Energy bill affecting HOA’s on Governor’s desk (MI) June 20, 2024
    A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain state and local governmental officers and entities. Read the article (PDF)…………………………….
  • Common Sources of Water Damage in Condominiums After a Hurricane (FL) June 20, 2024
    Hurricanes are a significant threat to Florida’s condominiums since they can cause severe water damage that can lead to costly repairs and long-term structural issues.      Read the article…………………………….

Creating Rules & Regulations Archives



Enforcing Documents & Rules

  • The State of HOA Reserve Funding: Are Associations Nationwide Meeting the 70% Benchmark? June 20, 2024
    Homeowners associations (HOAs) play a critical role in managing and maintaining the common areas and amenities that enhance the quality of life for residents in communities across the United States. One of the key responsibilities of an HOA board is to ensure the association has adequate reserve funds to cover the future repair and replacement costs of major components, such as roofs, paving, and pools. Achieving a reserve fund that is at least 70% funded is considered a benchmark for ...
  • The dust won’t settle! (AB) June 20, 2024
    Big Lakes County has denied a request from Hilliard’s Bay Estates for council to provide dust control on the main gravel road leading to the residential community.  At its regular meeting May 22, council approved a recommendation by administration to reject the request to provide dust control on Township Rd. 752A between the turnoff to Shaw’s Point Resort and the estates’ first gate.   Read the article…………………………….
  • Energy bill affecting HOA’s on Governor’s desk (MI) June 20, 2024
    A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain state and local governmental officers and entities. Read the article (PDF)…………………………….
  • Common Sources of Water Damage in Condominiums After a Hurricane (FL) June 20, 2024
    Hurricanes are a significant threat to Florida’s condominiums since they can cause severe water damage that can lead to costly repairs and long-term structural issues.      Read the article…………………………….
  • 765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act June 20, 2024
    Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the Electric Vehicle Charging Act, which took effect on January 1, 2024. This article will discuss the new legal requirements under ...

Enforcing Documents & Rules Archives

General Articles About Documents & Rules

  • New Florida Law Requires HOAs to Provide Members with Association Rules and Covenants June 13, 2024
    Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, in the event of any amendments or alterations to these rules or covenants, updated copies must be promptly distributed to members. Prior to October 1, ...
  • Florida Governor Signs House Bill 59 Into Law June 8, 2024
    Continuing our report on legislative developments, the Governor recently signed House Bill 59 into law. This bill impacts homeowners associations. Below is our firm’s summary of this bill:  This bill adds a new subsection 13 to section 270.303 of the HOA Act entitled “Requirement to Provide Copies of Rules and Covenants.”    Read the article…………………………….
  • Buying a Home in an HOA? Why Reviewing CC&Rs Matters May 20, 2024
    Thinking about purchasing a condominium, townhome, or other residence within a homeowners association (HOA)? Be sure to read and understand the covenants, conditions, and restrictions (CC&Rs) prior to closing. These rules will spell out what homeowners are allowed and not permitted to do on the property.   Read the article…………………………….
  • The Declaration in Your Condominium is a Contract and You Should Read it Before You Buy May 14, 2024
    For many first time condominium purchasers, a declaration of condominium can seem like another hundred page paper that is incidental to the real estate transaction. What many condominium purchasers and current owners fail to realize is the reality of the document itself and the nature of the relationship it creates between you and your condominium association. In Florida, a condominium declaration is considered to be a contract between a condominium association and the unit owners.   Read the article…………………………….

General Articles About Documents & Rules Archives

Dispute Resolution for Community Associations

  • Managing Disruptive Residents in Your Condominium Association June 19, 2024
    Living in a co-op, condo, or HOA often involves dealing with disruptive residents who create problems ranging from noise disturbances to more serious conflicts. Industry professionals note two main types of troublemakers: those who inadvertently break rules and those who deliberately disregard them, with the latter often proving more challenging. The COVID-19 pandemic exacerbated tensions, as more people stayed home, leading to increased complaints and stress for board members and management.   Read the article…………………………….
  • Using mediation to resolve HOA foreclosure disputes (CT) June 7, 2024
    Foreclosure can be tough for everyone involved, especially within a Homeowners Association (HOA). When foreclosure is looming, both community relationships and financial stability are at risk. In such cases, mediation can be a powerful, less aggressive and more cost-effective solution compared to court proceedings.    Read the article…………………………….
  • SCCL residents turn out to support HOA president (SC) June 4, 2024
    It was not a quiet day in Sun City Carolina Lakes on the Tuesday after Memorial Day.  Over 200 people showed up at the Lake House at noon June 28, looking to hear from the HOA Board President Thomas Powell, who had sent an email to the community earlier in the day, saying he would meet with concerned residents an hour before the scheduled HOA Executive Board meeting at 1 p.m., the latter being a closed session to “discuss personnel ...
  • Managing Four Common Types of Conflict in HOA and Condo Communities May 30, 2024
    Conflict within HOA and condo management teams is inevitable and can arise in four primary forms. Anyone who has worked with community associations knows that conflicting opinions are common. For example, I recall a well-intentioned board passionately arguing over the selection of paint colors. Since everyone’s goal was to increase property values, all members agreed on picking a group of realtors experienced in understanding what sold best in the community to select new colors. As it turned out, nobody got ...

Dispute Resolution Archives

Pets in Condominium and Homeowner Associations

  • Feeding Wild and Feral Animals in HOAs June 19, 2024
    As development continues to crowd out open space previously occupied by wild animals, North Carolina community associations find themselves increasingly close neighbors with deer, racoons, foxes, and other “wild” animals. These animals come into yards and happily munch on gardens, landscaping and occasionally someone’s beloved cat or dog. Combine development issues, poor control of domestic animal breeding, and owners with sympathies for hungry and thirsty animals, and you are left with an association caught between reasonable controls on animals and ...
  • Bear pictured in Charlotte neighborhood prompts alert. ‘All neighbors, be aware.’ (NC) June 15, 2024
    ACharlotte homeowners association issued an alert Friday after a bear visited its wooded neighborhood near Mallard Creek Greenway.  “All neighbors, be aware,” the Wellington HOA in northeast Charlotte warned in an email.   Read the article…………………………….
  • Can Austin residents raise chickens if their homeowners association doesn’t allow it? (TX) June 13, 2024
    Jennifer Thornal was a poultry science minor at Stephen F. Austin University and a member of the college’s poultry judging team, which ranked chickens at competitions with other universities.  Now, raising chickens is one of her dreams.    Read the article…………………………….
  • Plaintiffs accuse homeowners association of negligence after dog attack (TX) June 11, 2024
    In a gripping case that underscores the importance of community safety and responsible pet ownership, two women have filed a lawsuit against a homeowners association and several residents following a dog attack. The complaint was lodged by Roxanne Roy and Elizabeth Hill in the Harris County District Court on May 29, 2024, targeting Towne Lake Community Association, Inc., along with Mae Henri (a.k.a. Henri Courtney), Johnnie L. Courtney, and Kelley D. Courtney.   Read the article…………………………….
  • CT condo complex requires dog DNA testing to crack down on poop cleanup: ‘Being treated as children’ June 11, 2024
    In an effort to crack down on dog feces cleanup, a local condominium complex is requiring DNA testing for residents’ dogs, a move that many residents are saying is too much overreach.Oak Meadows Homeowners Association on Federal Road in Brookfield has entered into an agreement with a laboratory to collect and test DNA samples of all dogs who live in the complex.    Read the article…………………………….

Pets Archives

Renting in a Community Association

  • HOA Tenant Tenets June 13, 2024
    One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its homeowners. This disconnect creates some practical problems for the board or Manager in communicating with tenants since there is always a middle person to deal with. So how does this all play out?   Read the article…………………………….
  • Real estate Q&A: How can we get rid of our rowdy renters? (FL) May 22, 2024
    Q: Lately, some of the renters in our townhome community have been disruptive. There have been noise disturbances, domestic violence, unleashed pets, and even open drug use. When some homeowners raised their concerns, the association said their ability to address the problem was limited, and changing rental bylaws was almost impossible. What can we do to make our neighborhood safe and peaceful again?    Read the Q&A………………………………..
  • Is condo rule about renting to ‘nonfamily’ common? (IL) May 15, 2024
    Q. My condominium association has a lease restriction in the bylaws.  It states that unit owners can only rent their unit out to a “nonfamily member” once during the course of their ownership of the unit. It further states that an owner can rent their unit out to “family members” (related by blood or marriage) as often as they want.  Read the Q&A………………………………..
  • Understanding Home Rentals in HOA Communities: A Homeowner’s Guide May 9, 2024
    As homeowners choose to rent out their properties within HOA communities, it’s essential for homeowners to understand the implications, responsibilities, and best practices associated with leasing their homes. Whether you’re a first-time landlord or looking to optimize your rental strategy, here are key considerations to keep in mind.    Read the article…………………………….
  • Untenable Tenants! How To Address Problem Renters In Your Condominium (MI) May 3, 2024
    Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage general common elements. This article addresses how to deal with the unruly tenant, outlines the various enforcement options offered to a condominium board, and concludes with a description of the ultimate step of eviction.   Read the article…………………………….

Renting Archives

Parking Issues in Condominium and Homeowner Association

  • Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL) June 20, 2024
    The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon.    Read the article…………………………….
  • Illinois Legislature Approves New Accessible Parking Requirements: What Do Illinois Community Associations Need to Know? June 12, 2024
    On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker by July 23, 2024, the legislation will become law and be effective as of January 1, 2025.    Read the article…………………………….
  • Dispute involving condo’s new parking scheme lands in court, makes local news (FL) June 2, 2024
    With so many South Florida condominium communities experiencing financial challenges, some associations and their boards of directors may wish to develop new sources of revenue to help mitigate raising owners’ monthly dues or implementing special assessments.  However, as the recent litigation involving the Buckley Towers Condominium illustrates, devising a questionable new parking payment scheme and deploying it by towing away many owners’ vehicles overnight is extremely unlikely to be a recipe for success.  Read the article…………………………….
  • Clearwater’s public parking in condo bleeds money with limited customers (FL) May 29, 2024
    Twenty years ago, Clearwater officials agreed to buy 100 parking spaces in a Cleveland Street condo, anticipating a downtown revival that would bring throngs of visitors.  But a blossoming of downtown restaurants and retail never happened. The parking investment has turned into a money pit for taxpayers as few patrons use the city-owned spaces.   Read the article…………………………….
  • City Council Tightens Parking Garage Inspections with Trio of New Bills (NY) May 25, 2024
    One good turn deserves another. After tightening parking garage inspection rules in the wake of last year’s deadly collapse of a garage in Downtown Manhattan, the New York City Council has passed three bills that further tighten the screws on garage owners, including co-op and condo boards.   Read the article…………………………….

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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