Just as a ship cannot steer without its captain, a board cannot function effectively without its president. Serving as the administrative head, this volunteer position is vital for ensuring the smooth operation of a condo, co-op, or HOA board. The president’s leadership is essential for fostering collaboration and aligning the board’s decisions with the community’s needs and goals.   Read the article…………………………….

As autumn sets in and we savor the crisp air and vibrant foliage, it is time for co-ops, condos, and HOAs to focus on the essential maintenance tasks that can help protect their properties during the winter months. Winter, especially in regions like New England, can be harsh and unpredictable. Proper planning now not only helps maintain the safety and comfort of residents, but also prevents costly repairs down the road.     Read the article…………………………….

Homeownership is a long-term commitment for most. In the context of a multifamily community like a condo or co-op, it’s not unusual for many owners and shareholders in the building to have purchased their units around the same time in early adulthood or middle age, raised their families there, and stayed put after the kids have launched. In cases where aging-in-place senior residents make up a majority of the building or HOA’s population the property becomes what’s known as a naturally occurring retirement community, or NORC.   Read the article…………………………….

As members of co-op corporations and condominium associations, we often hear the term fiduciary duty bandied about. But what does it really mean to be a fiduciary? Stated simply, the term ‘fiduciary’ means trust. When a person managing the finances or property of another person or group is acting as a fiduciary, that means they must act in the best interest of the person or group, rather than themselves. And it’s not just a matter of ethics—fiduciary duty is a legal obligation to maintain that trust.   Read the article…………………………….

A 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…………………………….

Energy efficiency and reducing emissions has become a hot topic (no pun intended) in recent years across New England, with more and more gadgets and devices coming on the market specifically designed to use less energy and save money. Saving energy does a lot more than just reduce your building’s carbon footprint and toxic emissions—and everybody likes the saving money part.   Read the article…………………………….

The impacts of climate change are vast and interrelated. While natural factors like solar variations, the planet’s orbital shifts, and volcanic eruptions occur cyclically and have nothing to do with people, human activity adds significantly to greenhouse gas emissions. According to the United States Environmental Protection Agency (EPA), these influences have driven average winter temperatures across the United States up by almost three degrees since 1896, which may not seem like much over time, but has led to more frequent and severe weather events, like heat waves and flooding.   Read the article…………………………….

Perhaps the most pressing long-term issue for our society and the planet as a whole is the threat posed by climate change. While some may still deny the established facts, the reality remains that the world is warming at an unprecedented—and unsustainable—rate, with the blame for this resting squarely on human activity based around fossil fuels.    Read the article…………………………….

It may be time to replace the expression “death and taxes” with “death, taxes and NH Condo Act amendments.” Year in, and year out, it seems the legislature will continue to make tweaks to the statute. We will utilize this space to keep you informed of such changes. Thankfully the changes in question are good ones in that they give a board more flexibility for informal meetings.  Read the article…………………………….

Over the past few years, operating expenses for everything from fuel to labor to the cost of cleaning supplies have been steadily rising—and disrupting co-op and condo association budgets—all over the country. The premiums for properly insuring our homes, which for many is their most important investment, are among the most alarmingly steep increases. Unfortunately, ever-increasing premiums are a fact of life, and the recent upticks can’t be treated as a one-time anomaly.   Read the article…………………………….

Any community looking to create and/or maintain a landscaped area these days ought to consider integrating smarter, greener practices and products to maximize environmental benefits, minimize overuse of resources, and sustainably provide beauty, respite, and outdoor activities to members. Today’s multifamily landscaping is not only about aesthetically pleasing outdoor spaces; it also plays a vital role in enhancing the energy efficiency of such properties, dealing with extreme weather resulting from climate change, and offering health and wellness benefits to residents—not to mention enhanced property values.   Read the article…………………………….

New England Condominum recently received a question from a reader along these lines. The individual is the current president of her association in an unspecified city. She and her current board colleagues all plan to step down this year, but no one from her 20-unit building submitted their candidacy paperwork when the notice to do so was distributed. The community is self-managed, so should these board members not find replacements willing to take on the role, it would leave no one except an off-site bookkeeper to perform the association’s day-to-day administrative tasks.   Read the article…………………………….

Ahh, the pleasures of home ownership; a space to call your very own, to arrange and enjoy as you see fit, all while building equity. It’s a key component of the American Dream—but when the faucet leaks in your condo or co-op unit, there’s no more calling the landlord. You’ve got to fix it yourself. In shared interest communities, that’s true of every component of the building, both inside and outside your unit. The upkeep, maintenance, and repair of everything from the roof to the boiler is a community expense, controlled by the board, the community’s elected representatives.    Read the article…………………………….

Everyone wants to be a good neighbor—at least that’s what we’d like to believe. But, living in small spaces and sharing common areas can (and unfortunately does) lead to occasional conflict. That’s the unintended but inevitable consequence of shared interest community living. What one resident considers normal or acceptable may not be seen as such by their neighbors. The ensuing irritation can build up, and if not addressed and defused, can throw a community into turmoil, leading to acrimony, dysfunction, and other costs, both social and economic.   Read the article…………………………….

When a condo or co-op resident runs for a seat on their board, the decision to do so generally comes from a desire to ‘step up’ and participate in the governance of the place they call home, and the building or association community as a whole.   Often, the residents willing to serve on their board aren’t necessarily those with finely-honed skills and formal education in law, finance, and practical business management.   Read the article…………………………….

Q. During the warmer months, owners in our condominium building have noticed a few e-bikes/scooters with lithium batteries around our community. At night these e- bikes/scooters seem to be housed in owners’ or renters’ dwellings. Based on some news stories we’ve seen (although I’m sure they are pretty isolated incidents), we have concerns that these vehicles could explode and cause a fire.    Read the Q&A………………………………..

Talk to anyone familiar with common-interest community governance anywhere in the country, and they will tell you the same thing: apathy is rampant among residents of co-ops, condos, and HOAs. Not only is it difficult to get owners and shareholders to run for their boards of directors, but it’s a struggle to even get them to show up to the once-a-year meetings held to elect those board members and to update the community on what is happening in their home and property.   Read the article…………………………….

In multifamily residential communities, where neighbors share common space, amenities, and maintenance—if not actual walls—establishing and maintaining boundaries can be a bit tricky……Non-physical boundaries are yet another thing. Living in close proximity to one’s neighbors requires a certain tolerance of other people being in one’s business, as well as (one hopes) a certain restraint in minding one’s own. A lot of neighborly behavior is subjective—one man’s helpfulness is another man’s nosiness, after all—making it hard to delineate and enforce these particular boundaries.    Read the article…………………………….

Trees provide us with many benefits, from the obvious to the not-so-obvious. Whether your community is an urban high-rise surrounded by hundreds of others, or a sprawling suburban development with acres of grounds, its trees are an integral part of the landscape—one that we often take for granted, but which requires specific, dedicated care and maintenance in order to stay healthy and lush for decades to come.   Read the article…………………………….

In the world of single-family homes, property owners can do pretty much whatever they want when it comes to the look of their place. They can paint their house bright purple, for instance. Or display Christmas or Halloween decorations that are so bright or scary they may keep the neighbors up at night. Clearly, the community nature of co-op and condo living—particularly in urban multifamily buildings—puts some limits to these forms of self-expression in the name of visual continuity, taste, and property values. But can rules governing aesthetics collide with owners’ rights of free speech and expression?   Read the article…………………………….

Condo association rules provide a behavioral road map for owners, explaining what they are allowed and not allowed to do. But creating effective rules is only half the challenge for boards; enforcing the rules is the other arguably more challenging half of this equation.  When it comes to enforcement, boards don’t have many tools. They can’t “vote owners off the island,” they can’t arrest owners and they can’t evict owners from units they own.    Read the article…………………………….

Problem: One member of our seven-member board has resigned, leaving us with only six members. The association’s documents require a seven-member board, but the next election, at which a new board member might be elected, is several months away and there don’t appear to be any owners willing to fill the vacant position.    Read the Q&A………………………………..

Nothing lasts forever, not even your roof. While roofs have a relatively long life compared to other building systems and components, at some point they will need either partial or full replacement. Here are the facts and factors you and your community need to know when your roof’s useful life starts winding down.    Read the article…………………………….

Trees provide us with many benefits, from the obvious to the not-so-obvious. Whether your community is an urban high-rise surrounded by hundreds of others, or a sprawling suburban development with acres of grounds, its trees are an integral part of the landscape—one that we often take for granted, but which requires specific, dedicated care and maintenance in order to stay healthy and lush for decades to come.   Read the article…………………………….

Talk to anyone familiar with common-interest community governance anywhere in the country, and they will tell you the same thing: apathy is rampant among residents of co-ops, condos, and HOAs. Not only is it difficult to get owners and shareholders to run for their boards of directors, but it’s a struggle to even get them to show up to the once-a-year meetings held to elect those board members and to update the community on what is happening in their home and property.   Read the article…………………………….

In multifamily residential communities, where neighbors share common space, amenities, and maintenance—if not actual walls—establishing and maintaining boundaries can be a bit tricky.   Read the article…………………………….

The acceleration of global warming and the accompanying climate crisis is affecting shared-interest residential communities all over the United States and around the world. This past September was the wettest ever recorded in the eastern United States, with nine times the normal rainfall. Scientists warn that excessive rain and wind, extreme heat and cold, as well as increasingly intense discrete weather events like hurricanes and tornadoes, will continue and likely worsen as the planet continues to heat.   Read the article………………………………..

All over the news, from coast to coast, reports of fires and explosions caused by lithium-ion batteries describe blazes that are out of control, difficult to extinguish, and excessively smokey. Tragically, many have resulted in fatalities and serious injuries, and certainly all have caused extensive damage to properties and the environment.   Read the article………………………..

Shared residential communities such as condos, co-ops, and HOAs are modern examples of classic Athenian democracy: citizens governing themselves through active participation in governance. The key to that governance is the regularity of elections to the community’s leadership—which in this case is the board of directors.  Read the article………………………………

The elevator is one of those inventions—along with running hot and cold water and indoor plumbing—that have been around for so long we take it for granted. But elevators obviously weren’t always a part of the architectural landscape. Without them we’d still be living in a world of six-story buildings (maybe seven for the strong-legged), and we’d be climbing stairs all day long.    Read the article……………………………..

In a typical condo, co-op, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, requiring time, energy, and diplomacy that the average homeowner might be unable or unwilling to give on a volunteer basis.    Read the article……………………………….

Following up on the last column, there is the matter of your condominium association’s insurance deductible. To be clear, you will never get from your insurance company all of the money needed to make the repairs, for the simple reason that even if you get everything you wanted in your negotiations with the adjuster, the insurance company will still subtract the deductible of $5,00.00 or more.   Read the article…………………………………..

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………………………………..

When seeking a place to call home, potential co-op and condo buyers are seeking a place of peace and quiet. No one wants to live in the midst of a tempest. And peace and quiet can be both literal and figurative, of course. The constant din of discord and disagreement caused by endless litigation, for example, can be as distracting and destructive to a property’s reputation as the roar of truck traffic day after day.    Read the article…………………………….

The Community Associations Network (www.communityassociations.net) is an online resource that aggregates news and information related to co-ops, condos, and HOAs. There, boards and service professionals can access the latest on legislation, events, and issues pertaining to association living and governance throughout the U.S. and Canada.   Read the article………………………..

In recent years, and trending more frequently as of late, we have heard about businesses, big and small, receiving demand letters related to their website accessibility, alleging ADA noncompliance, and threatening to file suit and seek damages on behalf of the people with disabilities they represent. Here we will cover what web accessibility means and is required and by whom under the Americans with Disability Act (ADA) and Fair Housing Act (FHA).   Read the article………………………..

When the average American taxpayer (or tax-dodger, one supposes) hears the word “audit,” they’re likely struck with a feeling somewhere between annoyance and terror—usually because being audited means that something has been found amiss in their filing. For businesses that rely on the accuracy and timeliness of their financial records, however, including condominium and homeowners associations and cooperative corporations, an audit is—or at least ought to be—a regular part of a healthy fiscal practice.   Read the article………………………..

The governing documents of a condominium, cooperative, or homeowners association spell out the rules, regulations, and administrative policies that all residents and board members alike are obligated to follow as a condition of their residence.   Read the article………………………..

Inflation has hit the insurance building insurance industry in a big way. And according to a recent survey conducted by the Foundation for Community Association Research (FCAR), skyrocketing premiums are putting serious financial pressure on condo and homeowners associations nationwide.    Read the article………………………..

The appeal of multifamily living is not just in the hands-off maintenance and shared general expenses that come with living in a condo, co-op, or HOA. It’s also in the sense of community and the on-site offerings that can be shared among neighbors. Amenities and social programming in co-ops, condos, and HOAs can distinguish one building or community from another and add to its popularity and property value.    Read the article………………………..

When it comes to the list of most important systems to maintain—and potentially the most expensive to replace—in a multifamily building, windows are definitely near the top. The useful life of a given window depends on a number of factors, including its composition and design, as well as seasonal shifts and prevailing weather conditions. Deteriorated windows can lead to problems with other building envelope systems, including façades of all types, from clapboard to masonry and everything in between.   Read the article………………………..

Among the keys to successful governance of residential communities is continuity. The most basic of democratically elected units, condo, co-op, and HOA boards are the custodians of their community’s welfare, success, and continued operation. Over time, the experience and insight accrued by board members, directors, or trustees are the compass and rudder that steer and stabilize the community.    Read the article………………………..

Here are some recent cases that I thought might be of interest.  In Civic Association of Surrey Park v. Riegel, a case out of Delaware from Nov. 30, 2022, Surrey Park fined the Riegels who had built a shed without first obtaining association approval.   Read the article………………………..

In the world of co-ops, condos, and HOAs, management plays a slightly different role than it does in the rest of the real estate world. For example, in many rental buildings, the landlord or property owner often acts as de facto manager as well; in others, the manager may be an employee or an associate of the owner—in any case, it’s a person or entity knowledgeable about multifamily residential real estate and how it operates.   Read the article………………………..

In many ways co-op, condo, and HOA living represents the most basic form of representative democracy. Like the ancient Athenians, we gather periodically to elect a small group from among us to represent our joint interests and to oversee the finances and well-being of the community.  Ah, now, if only it were that simple.   Read the article………………………..

In 2017, a Boston couple were brutally murdered in their penthouse apartment in a high-end condominium building. The murderer, the former employee of a company that supplied concierge services to the condo, had worked there, and so knew the ins and outs of the building—including some serious gaps in the property’s security that both the board and manager were aware of, but had done nothing to address.   Read the article………………………..

Even among otherwise conscientious, community-minded condo, HOA, and co-op residents, the idea of running for and serving on their board often ranks somewhere between taxes and dental work on their list of things to look forward to. It conjures thoughts of endless meetings…arguing about the minutiae of vendor bids…confrontations with neighbors unhappy with board decisions…gossipy remarks in the elevator…the list goes on.   Read the article………………………..

In early 2020, our firm was hired to prepare a reserve study for an unremarkable 136-unit, 12-story condominium in south Florida. It was the kind of association you could drive right by without noticing, not much different from all the other high-rise buildings in this coastal neighborhood.   Read the article………………………..

Residents in condo and HOA communities are frequently quite busy. Boards generally consist of elected volunteers who nearly always have other jobs and lives outside their duties as trustees. So while a professional management company can handle much of the day-to-day operations of a multifamily community, no decision can be made without those board members coming together to represent the interests of their neighbors.   Read the article………………………..

The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents of a particular community—usually status as a member in good standing and a minimum age, for example.  Read the article………………………..