Articles About Documents and Rules for Condominium and Homeowner Associations
Amending Documents in Condominium and Homeowner Association
- Improper Amendments Are VERY Expensive May 14, 2024Earlier 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year, I blogged on the case of Johnson v. Board of Directors of Forest Lakes Master Association, 454 P.3d 623 (2019) unpublished (Kansas) and explained how improperly passing and/or filing amendments can be VERY expensive.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, 2024Racially 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…………………………….
- Fixing Your HOA’s Governing Documents April 25, 2024Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Read the article…………………………….
- Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024The 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…………………………….
Creating Rules & Regulations for Condominium and Homeowner Associations
- Lawmakers tinker with legal thicket concerning HOA’s (CO) May 19, 2024More and more people these days are living in common-interest ownership communities. These are residential developments where you own and have exclusive use of your basic housing space (kitchens, bathrooms, bedrooms), but you share ownership and use with other property owners for parts of the development (pickleball court, group meeting room, guest parking spaces). Read the article…………………………….
- Philippines: House unanimously approves proposed Condominium Redevelopment Act May 18, 2024The measure providing for the redevelopment of condominiums in the country has been unanimously approved on third and final reading by the House of Representatives. On the strength of 188 affirmative votes, the House gave final approval to House Bill (HB) No. 10173, also known as the proposed Condominium Redevelopment Act, during a recent plenary session. Read the article…………………………….
- Shining a Light on Rooftop Solar for Massachusetts Condo Owners May 18, 2024After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the Master Deed and the Declaration of Trust “which restricts the installation of objects in common areas without the Trustees’ approval constitutes such a ban or unreasonable restriction on solar energy and must therefore be void as applied to the installation of solar energy systems.” ...
- Iowans struggle to find homeowners insurance as companies pullout of the state May 18, 2024David Langston is the President of Beaver Creek Homeowners Association and one of his many tasks is making sure the 17 homes on East Post Court have insurance for what the HOA is responsible for, the outside of these homes. But in January, he got work that Pekin Insurance, the company they’ve used for years would no longer cover their homes. Read the article…………………………….
Creating Rules & Regulations Archives
Enforcing Documents & Rules
- Lawmakers tinker with legal thicket concerning HOA’s (CO) May 19, 2024More and more people these days are living in common-interest ownership communities. These are residential developments where you own and have exclusive use of your basic housing space (kitchens, bathrooms, bedrooms), but you share ownership and use with other property owners for parts of the development (pickleball court, group meeting room, guest parking spaces). Read the article…………………………….
- Philippines: House unanimously approves proposed Condominium Redevelopment Act May 18, 2024The measure providing for the redevelopment of condominiums in the country has been unanimously approved on third and final reading by the House of Representatives. On the strength of 188 affirmative votes, the House gave final approval to House Bill (HB) No. 10173, also known as the proposed Condominium Redevelopment Act, during a recent plenary session. Read the article…………………………….
- Shining a Light on Rooftop Solar for Massachusetts Condo Owners May 18, 2024After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the Master Deed and the Declaration of Trust “which restricts the installation of objects in common areas without the Trustees’ approval constitutes such a ban or unreasonable restriction on solar energy and must therefore be void as applied to the installation of solar energy systems.” ...
- Iowans struggle to find homeowners insurance as companies pullout of the state May 18, 2024David Langston is the President of Beaver Creek Homeowners Association and one of his many tasks is making sure the 17 homes on East Post Court have insurance for what the HOA is responsible for, the outside of these homes. But in January, he got work that Pekin Insurance, the company they’ve used for years would no longer cover their homes. Read the article…………………………….
- Real Estate Counselor: Horrific fall due to rotted balcony leads to condo litigation (FL) May 18, 2024A March ruling by Florida’s First District Court of Appeal and the 2016 incident behind the lawsuit, which stemmed from a rotted condominium balcony railing that led to a horrible three-story fall, was the subject of a recent report by WUFT News in North Central Florida. The station’s articleand the appellate opinion illustrate the potentially monumental repercussions that could result from poor maintenance decisions and practices over critical safety elements. Read the article…………………………….
Enforcing Documents & Rules Archives
General Articles About Documents & Rules
- The Declaration in Your Condominium is a Contract and You Should Read it Before You Buy May 14, 2024For 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…………………………….
- Community Association Boards: How Documents Protect or Expose Your Decisions April 28, 2024Community association governing documents offer a framework for board actions, but it’s imperative for boards to carefully follow them to ensure protection and validity of their decisions. Decisions and actions must be supported by the provisions in these documents and other applicable laws. Read the article…………………………….
- Regulations and Statutes March 25, 2024Homeowners Associations (HOAs) play a crucial role in maintaining the integrity and value of residential communities across the United States. However, managing an HOA involves navigating a complex web of state and federal regulations, as well as adhering to community bylaws and governing documents. Read the article…………………………….
- Governing Document Reviews and Amendments (OH) March 23, 2024It is important for boards to be familiar with and to regularly review their community’s governing documents. The governing documents of a community generally consist of the declaration of covenants and restrictions (often referred to as declarations), the code of regulations/bylaws, the articles of incorporation, and possibly, rules and regulations, and these documents provide the foundation for every action an association takes Read the article…………………………….
General Articles About Documents & Rules Archives
Dispute Resolution for Community Associations
- De-escalation – Tried and True Techniques May 15, 2024“Conflict is a good thing” was the sales pitch from a rug salesman desperate to try and shift the most hideous fuchsia floor rug that would have been objectively unacceptable to any design theory to my father in the early 90s and has become a running gag whenever there is a disagreement in our household. Every time before trial, in those quiet moments before the judge enters the courtroom, that shared inside family joke makes its internal appearance while I ...
- HOA dispute? How to resolve heated issues (SC) May 15, 2024Complaints against homeowner associations have become so common in South Carolina that the Department of Consumer Affairs said it’s the biggest growing category of all the reports they get. So 7NEWS Here to Help looked into how people can resolve many of these disputes before they get too heated. Read the article…………………………….
- Renter says HOA board member is harassing her (NV) April 29, 2024Q: I recently read your article about Nevada laws and residential bullying. I appreciate the ethos of the article and addressing where manners of reason may often go wrong. I feel as if I, a renter, am experiencing harassment from an individual on the HOA board, who lives across from me. Her car is parked facing my unit. Read the Q&A………………………………..
- Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations April 17, 2024In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. Read the article…………………………….
Pets in Condominium and Homeowner Associations
- Missouri bill aims to legalize backyard chicken ownership May 17, 2024Chicken enthusiasts in Missouri may have something to crow about soon. Many Missourians have sought to raise backyard chickens in recent years, citing higher egg prices and health-related concerns. Now, a bill that’s passed the Missouri House in Jefferson City aims to legalize backyard chicken ownership, regardless of what a homeowner’s association agreement might say. That’s provide local municipal rules approve of the chickens. Read the article…………………………….
- Contract – Restrictive Covenants – ‘Household Pets’ – Judgment Notwithstanding the Verdict – Commercial Purpose – Directed Verdict (NC) May 14, 2024Restrictive covenants did not prohibit plaintiffs from having chickens kept as household pets on their property and based on a proper interpretation of the covenants, the trial court should have allowed plaintiffs’ directed verdict and judgment notwithstanding the verdict. We reversed the judgment and remand for entry of judgment in favor of plaintiffs. Read the article…………………………….
- Beaver dam builds concern for nearby neighborhood (KY) May 1, 2024The first time around, local council representative Brenda Monarrez granted $2,500 in neighborhood development funds to remove the dam. The removal process cost $4,800 in total. This second dam has sat for over a month, and neighbors shared some frustration as their homeowner’s association has not decided how to remove the dam. Read the article…………………………….
- Condo Roofs Becoming Home to Protected Birds (FL) April 30, 2024Many individuals residing in Florida community associations are attracted to their homes by the favorable climate and natural beauty, such as what is found along its beaches. Such conditions have served as the catalyst for much of the development within the state’s coastal areas. However, while the proliferation of communities within Florida’s coastline has allowed many to enjoy the state’s environmental wonders, careful consideration should be taken to preserve much of the natural species affected by the construction and development ...
- Homeowners look to protect families, pets from coyotes — if HOAs allow it (NV) April 24, 2024Dangerous encounters with coyotes across the Las Vegas valley have caught the attention of many concerned about the safety of their families and pets. Some residents of the Green Valley community in Henderson have called the neighborhood a “haven for coyotes.” Others admit to being concerned that the animals roam the area. A local company, AR Iron, says it offers a solution. Read the article…………………………….
Renting in a Community Association
- Is condo rule about renting to ‘nonfamily’ common? (IL) May 15, 2024Q. 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, 2024As 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, 2024Tenants 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…………………………….
- Overcoming the Challenge: Ensuring Renters Adhere to Community Guidelines (CA) March 28, 2024In the vibrant tapestry of community living, harmony and order are often maintained through carefully crafted rules and regulations. These are commonly referred to as Covenants, Conditions, and Restrictions (CC&Rs). These guidelines serve as the backbone of residential communities, ensuring that each member contributes to the neighborhood’s overall aesthetic and functional harmony. Read the article…………………………….
- Woman and elderly disabled mother caught in battle between landlord and condo association could be evicted after paying rent (FL) December 13, 2023A woman and her elderly mother are caught in a battle between their landlord and his homeowner’s association. And it could end with the women out on the street. Read the article………………………….
Parking Issues in Condominium and Homeowner Association
- Can an HOA mandate where people park? (CT) May 14, 2024A homeowners’ association can have a serious impact on how people use their own property. The HOA can legally make rules about stylistic or design choices when adding onto a home, for example. They can enforce noise restrictions or have rules about when people can put up decorations. Read the article…………………………….
- Condo lawsuit: Neighbors claim association took their parking spaces to make a profit (FL) May 14, 2024A group of neighbors at Buckley Towers condominiums in Northeast Miami-Dade claimed in court that some members of their association’s board of directors took advantage of their position to profit off the community……He and other residents filed a lawsuit in November, claiming the association’s board of directors took their assigned parking spots and tried to charge people for access to convenient spaces. Read the article…………………………….
- an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL) April 24, 2024The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on ...
- Colorado Senate to consider bill to further regulate towing industry April 24, 2024Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal. Read the article…………………………….
- Sweetwater condo residents upset after their cars were towed; management says vehicles didn’t have valid parking permits (FL) April 10, 2024Residents at a condo in Sweetwater woke up to find their cars gone, and they were shocked when they found out who had towed them. 7’s Heather Walker investigates. No one wants to start their day this way. Arely Correa, car towed: “We got up early in the morning to go to work, and we were surprised when both of our cars went missing.” Read the article…………………………….
Noise Issues in Condominium and Homeowner Associations
- Noise Complaints – What Are a Condominium Corporation’s Obligations? (ON) August 8, 2023In 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, 2023The 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, 2023Residents 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, 2023Strata 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, 2023Court 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………………………..