Articles About Documents and Rules for Condominium and Homeowner Associations
Amending Documents in Condominium and Homeowner Association
- When Should You Update Your HOA Governing Documents? October 10, 2024Many governing documents are established immediately after the community’s developer completes construction. Therefore, they follow a standard set of guidelines that are intended to protect the community even though the houses are still empty. As a result, governing documents can eventually become outdated when there’s no regular review. When a property fills with (and changes) residents, a true community emerges and the governing documents may eventually need to be amended to reflect the current real-life needs of its homeowners. Read ...
- Amending Bylaws and House Rules: When & Why September 26, 2024A community’s governing documents, including its bylaws and house rules, are like a country’s constitution and laws. They are—or at least they should be—‘living’ documents that like our state and national laws and constitution, occasionally need review and amendment in order to remain relevant, meaningful, and respected. The question is how often, and how much? Read the article…………………………….
- Amending Your Planned Community’s Declaration (NC) September 17, 2024The most common question community associations in planned communities (i.e., single, family homes) pose is, “How can we amend our declaration?” Of course, this question includes many layers: (1) What is the proper procedure?; (2) What percentage of the membership must approve?; and (3) What challenges might an amendment face? Read the article…………………………….
- Vista del Monte residents sign document to remove racist language from HOA contracts (AZ) September 16, 2024Monday, the signed documents will be taken to the Pima County Recorder’s office to officially remove the hateful language. Video news report……………………..
Creating Rules & Regulations for Condominium and Homeowner Associations
- Condo residents evacuate early Saturday (FL) October 12, 2024Venice 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 to leave out of fear that the 10-story building would come down. Video news report……………………..
- Corporate Transparency Act: Impact to Illinois Community Associations October 12, 2024“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. Read the article…………………………….
- Membership Rights Checklist (CA) October 12, 2024On 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 October 12, 2024The 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 and officers plus shareholders who hold more than 10% of the shares; Read the article…………………………….
Creating Rules & Regulations Archives
Enforcing Documents & Rules
- Condo residents evacuate early Saturday (FL) October 12, 2024Venice 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 to leave out of fear that the 10-story building would come down. Video news report……………………..
- Corporate Transparency Act: Impact to Illinois Community Associations October 12, 2024“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. Read the article…………………………….
- Membership Rights Checklist (CA) October 12, 2024On 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 October 12, 2024The 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 and officers plus shareholders who hold more than 10% of the shares; Read the article…………………………….
- Board Duties, General Checklist (CA) October 12, 2024Know 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 an extension approved by more than 50% of the owner votes. Otherwise, follow the amendment requirements in the CC&Rs. Allow at least a year lead ...
Enforcing Documents & Rules Archives
General Articles About Documents & Rules
- SB800 and Governing Documents Checklist (CA) October 12, 2024Notice to Members and Informational Meeting Information Typically Required for Meetings Through Governing Documents Read the article…………………………….
- Defining Governing Documents for Community Associations October 9, 2024The governing documents for a community association outline the roles of the Board, the responsibilities of homeowners and more to help the association run smoothly. Each document has a specific purpose, and when it comes to the day-to-day activities of your community association, the Board and your association management company look to the documents to guide decisions. Read the article…………………………….
- Understanding Owner Restrictions on Limited Common Elements: Key Legal Guidance for Illinois Community Associations October 2, 2024In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the court held that a unit owner may not modify any common element, including limited common elements, without the approval of the association’s board. Furthermore, the court’s decision provides other guidance for community associations who ...
- Resident opposes Ahwatukee Foothills street regs extension (AZ) September 28, 2024A street fight has emerged in the Foothills Community Association as HOA members vote on board members and an update to its covenants, conditions and regulations. The HOA board and the association’s management company are pushing for homeowners to let the HOA retain its 30-year-old power to regulate what goes on Foothills streets – everything from parked vehicles to trash receptacles to mobile basketball hoops. Read the article…………………………….
General Articles About Documents & Rules Archives
Dispute Resolution for Community Associations
- How to Prevent Confrontation in Community Associations October 7, 2024Last year, there was a disturbing trend of confrontation – some of which even became violent between condominium owners or homeowners, and their association board members. From our own back yard to across the globe, there were several instances of multi-family housing residents whose disputes were bad enough to make the news. Read the article…………………………….
- What happens when your HOA goes rogue? There’s a new solution in Prince George’s County (MD) September 18, 2024What happens when your homeowners association ignores its own rules? In Prince George’s County, the answer is: Nothing. You can try to take it to court and watch the fees you pay get used against you while you also pay for your own lawyer; but beyond that, residents have had no recourse, until now. In a 9-0 vote, the Prince George’s County Council approved a new law that will require HOAs to participate in a hearing with the Commission on ...
- How to Handle Disputes Between Homeowners and HOA Boards September 5, 2024Homeowners Associations (HOAs) play a crucial role in maintaining community standards and property values. However, disputes between homeowners and HOA boards are not uncommon. Understanding the dispute resolution process can empower both homeowners and boards to reach amicable solutions while avoiding costly litigation. Read the article…………………………….
- How to Handle Community Conflict During HOA Meetings September 5, 2024Some communities inevitably have a bully who attends board meetings to push their agenda, belittle other members’ proposals, or even make others uncomfortable with their aggressive behavior. Sometimes, it may be a homeowner; other times, it may be a fellow board member. So, what can you do to peacefully and proactively handle the neighborhood bully so the rest of the community can feel at ease and have their voices heard? Read the article…………………………….
Pets in Condominium and Homeowner Associations
- Mission community threatened by dog attacks (TX) October 10, 2024“It’s not the dogs’ fault, the dogs are just animals, but at least the owner, even an apology would be fine as we are not looking for money or something, but just for him to know that the cat was part of our family,” Gerardo Martinez said. Gaitan says she has called her homeowner’s association and the police for days but nothing has been done. Read the article…………………………….
- Chickens and Your HOA (NC) October 5, 2024It’s no secret that owning chickens remains a hot topic within HOAs across the country, but many people have a lot of fear around the idea. Whether they are concerned with noise, smell, or impacts on property value, homeowners and board members alike want to know, is having chickens in your community worth it? Read the article…………………………….
- How to Handle Pets in Your HOA September 27, 2024From dogs to cats and even goldfish, pets are beloved members of many households. In a community setting like a homeowner’s association (HOA), it’s essential to balance accommodating pet owners and maintaining harmony within the neighborhood. HOAs often encounter pet-related challenges, from waste issues to noise complaints. Read the article…………………………….
- Does East Lyme have to kill the geese to get rid of goose droppings? (CT) September 23, 2024Efforts to gauge the appetite of the Giants Neck Beach Association for euthanizing its resident Canada goose population have prompted a discussion on more humane ways to drive the waterfowl out of the area. A September survey from the Giants Neck Beach Association Board of Governors was filled out by 97 members, with 57% in favor of bringing in the U.S. Department of Agriculture (USDA) to remove geese through roundups that involve herding the animals into portable nets to be ...
- Waterloo condo board ordered to pay $15,000 for acting unreasonably over dogs (ON) September 9, 2024A Waterloo couple has been awarded $15,000 for hardships they endured in a condominium dispute that began over two dogs that sometimes bark. Condo owner Claudia Baha hopes the ruling by a provincial tribunal deters other condominium boards from behaving aggressively. But she worries about how her neighbours will treat her. Read the article…………………………….
Renting in a Community Association
- Legal Rights of Tenants in HOA Communities (TX) October 2, 2024Living in an HOA community can be a rewarding experience with access to amenities and well-maintained surroundings. However, as a tenant, it’s crucial to understand your legal rights within these communities. This article will shed light on your rights and responsibilities, ensuring you’re well-informed and protected. Read the article…………………………….
- How to Navigate HOA Rental Restrictions: Finding Solutions and Strategies (AZ) September 16, 2024Homeowners Associations (HOAs) often impose rental restrictions to maintain the community’s integrity and preserve property values. If you’re a property owner or a prospective buyer in Phoenix, Arizona, understanding these restrictions is crucial to ensure compliance and avoid potential legal challenges. Read the article…………………………….
- Florida’s New Condo Safety Laws Impacting Renters as Evictions Soar September 9, 2024Florida’s new condo inspection laws enacted after the Surfside condo collapse are impacting apartment renters as evictions soar. The strict condo safety measures are threatening affordable housing across Florida with the lower income areas being hit the hardest, according to World Matrix. There are nearly a half-million renter households in the Palm Beach, Broward and Miami-Dade counties paying $1500 a month on average. Read the article…………………………….
- Eliminate Problems Caused by Certain Tenants September 7, 2024Many homeowner associations are experiencing problems with certain tenants because the tenants are violating the association’s Operating Rules and/or CC&Rs. Violations affect the association, its members, including the landlord. Many violations by tenants result in fines being charged to the account of owners, but these fines don’t always eliminate the problems commonly caused by these renters. Read the article…………………………….
- What Are HOA Rental Caps Should Your Community Have Them? September 4, 2024If your HOA or COA allows either short-term or long-term rentals, you will have to deal with a number of situations that other community associations won’t. One of the issues your board will face is whether they want to issue a rental cap on properties within their community. In some situations, rental caps help. In others, they hurt. Understanding the benefits and drawbacks of this rule will help you decide whether it’s the right move for your community. Read the ...
Parking Issues in Condominium and Homeowner Association
- Here We Tow Again – Towing Regulations Governing Community Associations (CO) October 10, 2024In 2022, an updated towing law went into effect in Colorado as a result of the passage of House Bill 22-1314. Not to be outdone, laws related to towing were revised yet again in 2024 as a result of the passage of House Bill 24-1051. This article outlines various requirements of the recent laws as they relate to HOAs that are considering towing as an enforcement option. Read the article…………………………….
- Here We Tow Again – Towing Regulations Governing Community Associations (CO) October 9, 2024Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis. Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize convenience for residents. Read the article…………………………….
- Cheesman neighborhood residents left scrambling as parking spots are getting harder to find near their homes (CO) September 30, 2024When Orin first moved into the Arboretum complex, she tried to purchase a parking spot at her building. Since Orin did not get a parking spot in her condo complex, she instead has been parking on the street and has been doing so for the past 12 years. Now without a parking permit, she described how this impacts not only herself, but others living in the building. Read the article…………………………….
- HOAs Claim Exemption from New Florida Law Barring Pickup-Truck Parking Bans September 17, 2024Homeowners associations are now no longer allowed to restrict owners from parking their personal vehicles on their properties, including pickup trucks in plain sight on their front driveways. Specifically, the new statute states HOAs are prohibited from preventing property owners, tenants, guests or invitees from parking personal vehicles, including pickup trucks, in their driveways or other areas where they have a right to park. It also specifically states that this applies regardless of what is stated in an HOA’s declaration ...
- Can HOAs Flout New Florida Law Barring Pickup Truck Parking Bans? September 10, 2024Among all the changes, one new law particularly stands out: As of July 1, homeowners association governing documents may not preclude a property owner or their tenant, guest or invitee from parking their personal vehicles in the owner’s driveway or in any other area in which they have a right to park as governed by state, county and municipal regulations. Read the article…………………………….
Noise Issues in Condominium and Homeowner Associations
- How to Handle Noise Complaints as an HOA Board Member October 7, 2024As an HOA board member, you’ll find yourself needing to deal with some issues–and one of those issues may be noise complaints. Neighbors who believe that they’re in the right will quickly bring their complaints before the board, leaving you scrambling to decide how to handle these common issues appropriately. From music played too loud or parties that go on far too long to a barking dog that frequently wakes a neighbor’s baby, it’s not hard to understand the frustration ...
- Reasonable Noise in Shared Living Environments (ON) September 13, 2024In Farinha v. White, the Condominium Authority Tribunal (CAT) addressed a common issue in condominiums: noise complaints between neighbours. This decision highlights the importance of objective evidence in assessing noise complaints and the principles of living harmoniously in shared spaces. Read the article…………………………….
- Managing Noise Complaints in Condominiums: Legal Perspectives September 5, 2024Living in a condominium offers many benefits, but it also comes with the challenge of shared walls and close proximity to neighbors. Noise complaints are a common issue in condo communities, and if not handled effectively, they can lead to disputes, legal action, and a breakdown of community harmony. Read the article…………………………….
- What Amounts to an Unreasonable Noise Disturbance? August 22, 2024Your condominium’s governing documents likely contain clauses that give the owners the right to enjoy their units with limited noise disturbances. But what can count as an unreasonable noise disturbance? Three recent Condominium Authority Tribunal decisions, Peel Condominium Corporation No. 112 v. Uthayachandran et al, Kimel v. Toronto Standard Condominium Corporation No. 2026 and Park v. Toronto Standard Condominium Corporation No. 2775 have further clarified what constitutes a noise disturbance including: Read the article…………………………….
- Icon Brickell condo owner alleges poor soundproofing in suit against association, neighbor (FL) August 3, 2024A condo owner at Icon Brickell, a Related Group development, is alleging that inadequate soundproofing in the complex’s original construction is affecting his quality of life, according to a lawsuit. Vidya Property Holdings LLC is suing Icon Brickell 2’s condo association and Marta Liliam Jaramillo Arango, the owner of the condo upstairs. Vidya is led by Arjun Soni. Read the article…………………………….