Condo residents evacuate early Saturday (FL)

Venice 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 […]

Corporate Transparency Act: Impact to Illinois Community Associations

“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.  […]

Membership Rights Checklist (CA)

On 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

The 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 […]

Board Duties, General Checklist (CA)

Know 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 […]

Membership Meetings Checklist (CA)

Associations must adopt election rules [CC §5105(a)], but the requirements of §5100-5145 do not apply if the governing documents provide that one member from each separate interest is a director. [§5100(f)] Every corporation must have reasonable nomination and election procedures given the nature, size and operations of the corporation.   Read the article…………………………….

Board Duties, Fiscal Checklist

Associations must file a federal and state tax return or exemption statement by the 15th day of the third month after the fiscal year ends. Since requirements can vary, it is best to consult the association’s CPA or tax advisor regarding applicable filing or reporting requirements.   Read the article…………………………….

Developer Transition Checklist

Necessary Documents ? Developer Maintenance Agreement(s) ? Subsidy Agreement(s) ? DRE Budgets    Read the article…………………………….

Bidding Checklist

In every bidding situation, consider the following issues: Has the board defined its goals and objectives in this bid process? Are there any bidding requirements in the Association’s governing documents that the board should follow (i.e., a requirement to obtain at least 3 bids)?     Read the article…………………………….

Annual Disclosures Checklist (CA)

At least 30 days prior to the association mailing its required annual budget report and annual policy statement, an association must update certain owner information in its records. [CC §4041(b)] To obtain this updated information, an association must solicit the following information from the owners   Read the article…………………………….

You’ve Been Served, Lawsuits Checklist (CA)

Make a written note immediately of the name of the person who was served with the papers, the time and the date. Your attorneys and insurance carrier will need to know this information, as you have only 30 days in which to file a response in State Court and 21 days if the lawsuit is […]

Security Camera Videos as Official Records of a Condominium or Homeowners’ Association (FL)

Condominium and homeowners’ associations frequently install security cameras at various locations throughout the association property. In some instances, the cameras are monitored live, and images are recorded, and in other instances the images are simply recorded and available for retrieval in the event circumstances warrant their review. In most cases, the videos are automatically overwritten […]

HOA Homefront: How the Corporate Transparency Act affects board members (CA)

Congress in 2021 enacted the Corporate Transparency Act, a law designed to help law enforcement and intelligence agencies catch money launderers and international criminals.  All registered corporations outside of 23 exempt categories must file with the US Financial Crimes Enforcement Network and identify their “beneficial owners.”   Read the Q&A………………………………..

Insurance: Which Article is Correct? (FL)

Experts say Florida insurance market can handle another hurricane this year — and stay healthy Back-to-back Florida hurricanes signal trouble for home insurance prices nationwide  

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and the statute of limitations has now expired on the first condos subject to the new changes.   Listen to the podcast…………………………..

Board Duties, Fiscal Checklist

Associations must file a federal and state tax return or exemption statement by the 15th day of the third month after the fiscal year ends. Since requirements can vary, it is best to consult the association’s CPA or tax advisor regarding applicable filing or reporting requirements.   Read the article…………………………….

Spain’s Supreme Court upholds residents’ right to ban rentals

Spain: In a landmark decision, Spain’s Supreme Court [Tribunal Supremo] has ruled that homeowner associations, or communities of property owners, have the authority to prohibit short-term rentals in residential buildings and complexes with a majority vote of residents [three fifths / 60 per cent].   Read the article…………………………….

Hurricane Damage and the FEMA 50% Rule: How to Approach Home Repairs in Flood Zones

In the wake of Hurricane Debbie, Hurricane Helene, and now Hurricane Milton, which have left widespread devastation in southwest Florida, there is no storage shortage of property owners dealing with the aftermath of flooding. As remediation begins, a common question is the FEMA 50% rule. The 50% rule, while always applicable to home improvements or […]

I’ve owned my North Carolina townhouse since 2023 — but now my HOA is charging me $13K for hailstorm damage that happened 2 years before I bought. What are my legal options?

When you buy a home, you’re responsible for the costs associated with it. This means that if issues are left undiscovered following an inspection, you might still have no choice but to foot the bill after you take ownership. And this holds true whether you’re buying a traditional home or a house or condo that’s […]

Australia: Housing wars: Strata owners vs owners corporations

THERE ARE ROUGHLY 3 million strata townhouses and apartments in Australia. The focus on highrise developments to address the housing crisis has seen a 7 per cent increase in the number of strata properties over the last two years. In Victoria, the government redevelopment plan for inner Melbourne proposes that 84 per cent of new […]

Hoarding Can Create Unsafe Conditions (ON)

Condominium owners have broad legal rights to enjoy their units. But condominium living generally involves “close living between the residents of the condominium”, and condominium owners and occupants accordingly have important obligations to the other owners and occupants of the condominium. These obligations include compliance with the governing documents of the condominium corporation which also […]

Hate your HOA rules? There may be a way around them (MA)

When a Cape Cod homeowners association hired attorney Richard D. Vetstein of Vetstein Law Group in Framingham to review their homeowner’s association covenants, he made a shocking find.  A little-noticed 2017 Massachusetts Appeals Court ruling meant the restrictions in that association’s covenant, which dated to 1977, had expired unnoticed more than a decade ago. Vetstein […]

The Body of Water Doctrine (FL)

We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in […]

Australia: As high-rise developments boom, overhaul of strata committees of management long overdue

Owners corporations manage and administer communal property for apartments and other dwellings.  Recently certain high-profile owners corporations have come under media scrutiny. Dubious and unethical business practices have been exposed. These include kickbacks to contractors, phantom charges, inflated fees relative to the extent of work done, and near-invisible accountability. Over 2,000 people from across Australia […]

Budgeting for 2025 (AZ)

Associations should be working on their 2025 budgets! There are several things for Associations to consider when starting the budgeting process, especially if there have been significant changes in the community or if the community has undergone financial hardship.  Read the article…………………………….

Old Walden Lake Golf Course Still Falling Apart (FL)

The Walden Lake development began with two privately-owned, thriving golf courses in the midst of 2200 houses. However, the golf courses’ 320 acres became run down, lost business, and eventually, the owner filed for bankruptcy. The course has been closed for 12 years. As the clubhouse, pool, tennis courts, and other structures continued to degrade, […]

Greenhouse gas mandate affects condo buildings (MD)

People who own units in large condominium complexes as well as anyone who owns or has a stake in any building of at least 35,000 square feet in total area needs to begin planning for the state’s mandate that buildings of this size and larger must reduce their greenhouse gas emissions to zero by 2040.  […]

Condo Insurance Explained

Condo living is very unique and can make life a little more simple in the long run with great amenities and help with maintenance and upkeep. However, condo insurance is a little more complex than insurance for homeowners or apartment landlords. Condo insurance is broken into two main areas: individual unit insurance and master insurance […]

Investing in the future: Building community reserve funds

Reserve studies and funds have been receiving an increasing focus in community associations since the tragic collapse of Champlain Towers South in 2021. These multiyear plans anticipate and responsibly provide for ongoing preventive maintenance, periodic structural inspections, and the timely repair and replacement of community components such as roofs, sidewalks, lighting, air conditioning, and more.  […]

When Should You Update Your HOA Governing Documents?

Many 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) […]

Mission community threatened by dog attacks (TX)

“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 […]

Canadian National Grant Beautifies Joliet Neighborhood

“This project was inspired by local residents—a grassroots effort arising from homeowner association (HOA) meetings with Arborist Teiber and brought to fruition through the generosity of Canadian National and the guidance of America in Bloom,” explained Renwick. “The entire project was an uplifting experience.”   Read the article…………………………….

Defining Governing Documents for Community Associations

The 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 […]

Here’s What to Avoid When Preparing Your HOA Budget

Budget season is here for HOAs, and it’s essential for board members to take a careful and strategic approach when planning next year’s finances. A well-prepared budget ensures that resources are allocated effectively, operations run smoothly, and both routine and unexpected expenses are covered.  However, many HOA boards make some common mistakes during the budgeting […]

Crunch Time: Implementing Structural Integrity Reserve Study (SIRS) Requirements (FL)

With budget season and the Structural Integrity Reserves Study (SIRS) deadline fast approaching, condominium associations should already be considering how they will implement SIRS-related obligations and the timing in which funding will begin. Condominium associations that haven’t yet obtained their SIRS should already be making arrangements to do so prior to the end of the […]

Australia: Important News – New Laws for Pet Owners in NSW

Changes to pet laws – do you need to update your pets by-law?  As of July 1, 2024, the NSW Government introduced new regulations for cat and dog ownership. All cats and dogs residing in your strata building (and across NSW) must now be microchipped.  The recent changes to pet ownership regulations in NSW will […]

Annual Meetings Best Practices and Tips for Condo Board Members

Annual meetings are essential to running a successful condo community. For condo board members, these meetings provide an opportunity to review the past year’s performance, assess financial health, and outline future goals. When conducted properly, annual meetings lead to informed decision-making, greater community involvement, and a more cohesive, collaborative environment.  In this blog, we will […]

When It Comes to Condominium Maintenance, the Answer Isn’t Always Clear

When considering the maintenance obligations of community associations and condominium owners, the governing principal seems clear: Unit owners are responsible for maintaining and repairing anything within the boundaries of their units; the association is responsible for common areas and components outside of them. But few aspects of community association governance are perfectly clear, and maintenance […]

Common HOA Budgeting Mistakes & How to Avoid Them

While homeowners’ association (HOA) board members have a duty to manage funds responsibly, a lack of planning can lead to poor budgeting decisions and financial consequences. Even with the best intentions, a board member’s mistake can mean higher assessments, underfunded reserves, and missed community enhancements.  Read on to learn more about budgets and tips on […]