Being a volunteer board member can sometimes be stressful and time consuming, but before you decide to throw in the towel and never look back, make sure you aren’t the one getting in your own way! Here are a few tips for becoming more effective as a community association leader. Read More….
Reducing the Risk of Break-ins While Away on Summer Vacation
Hopefully, an owner within your association will never have the misfortune to be a victim of a burglary. Burglaries not only result in damage to the home, but more importantly, result in the loss of peace of mind. Criminals everywhere look forward to summer-time because during the time an owner is basking in the sun […]
Solar Panels And Community Associations: Sparks Can Fly
Green living sometimes can be at odds with community association living. As much as we all likely strive to live in an environmentally responsible manner, sometimes these ambitions clash with the wants and desires of our neighbors, bringing strife and dissension to a neighborhood. Though the Washington legislature has not attempted regulating chickens, clotheslines or […]
Some HOAs act as though their bylaws are etched in stone
There’s a mindset that craves the acquisition of any kind of authority and takes full—even excessive—advantage of it. Individuals afflicted with said mindset tend to amplify the significance of insignificant matters and insist, with plenty of bluster, that things be done their way (think Deputy Barney Fife from the 1960s Andy Griffith Show). Read the […]
View Protection At California Condo and Homeowner Associations: It’s Complicated
Many owners buy units, lots or homes at community associations that have views and are later shocked to learn that the view they cherish, the view that caused them to buy that home, is not guaranteed. The question that has been posed is whether or not property owners are entitled to an unobstructed view. Read […]
Wheelchair Ramp Dispute Tossed: Not Ripe Until Denied
Dan and Debbie Scoggins wanted the best for their son Jacob. After their requests to their Homeowner’s Association for permission to build a wheelchair ramp at the front door of their home and for permission for Jacob to ride an ATV within the housing subdivision went unanswered, they filed suit under the Fair Housing Amendments […]
Because the Board Says So
Generally, thanks to what’s known as the business judgment rule, boards have broad latitude in making, amending and rescinding house rules — the good, the bad and the decidedly wiggy. If board members think a situation needs to be addressed, they can address away without input from residents. Read More……
NV: Higher dues for homeowners at stake in HOA legislation
Anyone living in a homeowners’ association in Nevada might want to pay attention to the next few weeks at the Legislature. Read More……
Scoggins v. Lee’s Crossing Homeowners Assoc. (Virginia)
Plaintiffs and their son appealed the district court’s summary judgment holding that they were not entitled under the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3631, to an accommodation and a modification that they requested from the HOA. Read More……
Condominium and homeowners bills enacted by the 2013 Florida legislature
Summary of legislation enacted adopted during the most recent session of the state legislature. Read More……
Can a Condo Unit Prevent Smoking in a Private Unit
We’re used to rules and regulations of this variety that involve use of the common areas. The question however is …..can the association prevent you from doing things in your unit, like preventing you from smoking? Read More……
Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature
This bill containing 74 pages is a “stripped down” version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the Condominium Act, the Cooperative Act and the Homeowners’ Associations Act (HOA Act). Some of the changes to the Condominium Act and HOA […]
Time to abolish the owner-occupied director position
It is rare for us at Ontario Condo Law Blog to beat up on an underdog, but the owner-occupied reserved position on condo boards is decidedly worthy of that honour. That reserved position (set out in the Condominium Act, 1998, subsections 28(3), 46(3) and 51(5) to (8)) surely is an underdog – it enjoys little or […]
CO: Lawmakers pass HOA-related bills in final hours of session
Lawmakers also sent Hickenlooper House Bill 1277 which would require community association managers, management company executives and those who directly supervise managers to be licensed in Colorado. Read More……
The Irrigation Situation
One of the first things both prospective residents and visitors to a condo or HOA notice are the beautiful grounds and lush landscaping surrounding the property. Of course, a key component in maintaining all that greenery is the availability of fresh water. Because of the topography of New Jersey, access to water can vary a […]
The Privilege of Being a Board Member
Members of community associations and, in particular, the boards of directors, are being asked to make tough decisions regarding the use of community funds. Acting in the best interests of the association, many boards seek legal and other professional advice with regard to their duties to maintain and repair when funds are scarce. Read More……PDF
Florida: Formal Advisory Opinion Request Regarding Community Association Managers
Notice of Filing Proposed Advisory Opinion The Standing Committee on UPL, pursuant to R. Regulating Fla. Bar 10-9.1(f)(3), provides this notice of filing a proposed advisory opinion on the activity of community association managers. The proposed opinion will not change any of the rulings made by the Supreme Court of Florida in The Florida Bar […]
An HOA Loan, a Viable Option for Funding an Association Project?
Richards, Kimble and Winn held a brief seminar with Alan Seilhammer of Premier Association Lending the other night where Alan discussed with many board members and managers the process of obtaining an HOA specific loan. An HOA loan is not the answer to all of an association’s problems, it isn’t even the best choice in […]
Update from CAI’s Legislative Action Committee on HOA Reform Bills
Members of Community Associations Institute in Colorado have received the following update from CAI’s Colorado Legislative Action Committee on the HOA Reform Package of bills: Read More……
Court Of Appeal Makes Condominium Association Foreclosures More Costly
The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D11-2545 (Fla. 3d DCA 2013), absolves third-party purchasers of responsibility for a prior owner’s past-due […]
CO: State HOA group will discuss HOA issues and concerns in Loveland on May 11
The Colorado Homeowners Association Information Office and Resource Center will have a community outreach event 9 a.m.- noon May 11 at the Pulliam Community Building, 545 N. Cleveland Ave. Officials will discuss the role and function of the office, provide statistics and information regarding HOA issues and concerns, and give participants an opportunity to voice […]
HOA’s Settlement with Trayvon Martin Family Illustrates Liability Issues Involving Neighborhood Watch Programs
Last year I participated in a discussion with an Associated Press reporter and wrote about a central Florida community association’s apparent endorsement of George Zimmerman as its neighborhood watch captain and his involvement in a tragic incident that took the life of the 17-year-old Trayvon Martin. Read More……
Condo owners may find disputes covered by provincial Condominium Act
Q: Our board failed to specify the reason for a special assessment, as required by our bylaws. A request for the reason was unsuccessful and I contacted the Ministry of Consumer Services. A ministry representative advised they do not enforce condominium compliance with the act. This is strange as the ministry is intended to provide […]
Ohio Community Associations Dodge a Sales Tax Bullet
On February 12, 2013, a new budget and tax reform plan known as House Bill 59 was introduced. Under the proposal, Ohio’s sales tax rate would have been lowered from 5.5% to 5%. To make up for the lost revenue resulting from the lowered tax rate, all service transactions would have been taxable unless specifically […]
Solar Panels in Homeowner Associations
New Jersey law provides that homeowner associations shall not adopt nor enforce rules prohibiting the installation of solar collectors in certain circumstances (see NJSA 45: 22A-48.2). For instance, owners of single family detached residences, or townhome residences, in which the owner of the unit holds title to the building as well as the ground surrounding […]
Legalized, Decriminalized or Prescribed, Marijuana Issues Will Confront Boards
Marijuana is becoming legal, to various extents, in a lot of places. Some states such as New Jersey and California allow if for medical purposes. Colorado just plain allows it. Some predict that sooner or later it will pretty much just be legal, basically everywhere. Read More……
Condo culture: Rules are rules and they apply to all residents
Q: I just moved into a high-rise condominium. I found out after I moved in that there’s a weight limit on dogs. The dog I was going to buy is 4.5 kilograms over the limit established by the condominium rule. It says in the Residential Tenancies Act that a provision in a tenancy lease agreement prohibiting […]
What The Heck Is Flashing, Or A Fascia Board, Or A Joist Hanger? Do You Speak Contractor?
All too often, we hear from managers and board members who ask us to help interpret what the contractor was talking about when he referred to missing flashing, the damage to the fascia board and some dry rot that was found when the wall and ceiling were opened up. Or, we hear from the contractor […]
Voter Apathy — It is not Just a Community Association Problem
Many California community associations have a difficult time achieving a quorum to hold board elections or to vote on other important association matters. Some condo and planned development homeowner associations have not been able to hold a vote for a new Board of Directors for many years because they require a quorum of at least […]
Community associations – using tools of technology: a cautionary tale
It comes as no surprise that some tools of technology and communication have made our lives easier in many respects. However, the use of blogs, e-bulletin boards, group e-mail accounts, etc., by homeowners associations can also pose certain risks that may well outweigh the benefits of their use. Knowing some of those risks can help […]
Florida 2013 HOA Legislation Highlights
Last week the House of Representatives and the Senate passed Bill 7119 providing many needed amendments to Florida Statute 720, the statute regulating homeowner associations. We are now waiting for the governor to sign the bill into law, which would go into effect July 1, 2013. Read More……
Florida: 800 pillowcases
The Avalon Condominium Association at Grandezza in Estero accounted for half of those pillowcases made for the Golisano Children’s Hospital last year. They sew one day each year in February to make the brightly colored pillowcases done as part of the ConKerr Cancer national initiative. When children are admitted to the children’s hospital for cancer […]
Illinois Supreme Court: Chicago ordinance allowing unit owners to see records is valid
The primary issue in this appeal is whether a City of Chicago ordinance allowing condominium unit owners to inspect condominium association financial books and records is a valid exercise of the City’s home rule power. We affirm the appellate court’s holding that the City’s ordinance is valid and enforceable. We also affirm the appellate court’s decision that the trial court […]
Property Managers and Financial Education
I recently interviewed with a local HOA seeking to replace their present property management. One of the questions I was asked was “Why does it matter that a property manager have a background in finance and/or economics?” My response was to take their financials which I had received copies of and use it as an […]
8 Points of HOA Governance 101
HOA governance isn’t simple or easy and, unfortunately, board members are just volunteers doing their best with too little time and too little money. I think that’s why even basic principles of HOA governance are often misunderstood by board members (and managers too). Here is some clarification of 8 frequently misunderstood issues: Read More……
Spring Ahead: 6 Things to Look for on Your Spring Property Walk-through
In Wisconsin, we’re still in the rainy season, but those sunshine-filled days are just around the corner. April and May are an excellent time to conduct a walk-around of your property to look for damages that may have occurred over the winter. It’s also a good time to make sure that all owners are in […]
CA: Hoffman et al v. Pacific Crest Community Association
Sarah and Glenn Hoofman appeal summary judgment in favor of respondent and cross-appellant Pacific Crest Community Association (PCCA). The Hoofmans commenced a class action on behalf of all members of PCCA and sued the developers of their single-family home’s development, as well as PCCA, after a landslide on an allegedly defective common area slope damaged plaintiffs’ home. Plaintiffs asserted […]
What Lies Beneath: Maintaining & Repairing Building foundations
They say a house is only as strong as its foundation. A bad roof or shoddy plumbing can set your building back a lot of money, of course—but a foundation in disrepair can put the entire building structure at risk. It can also cost tens of thousands of dollars. Since it’s literally underground, it’s easy […]
Side by Siding: Caring for Your Building’s Exterior
After years of wear and tear from the elements—or just the impact of a single catastrophic event like Superstorm Sandy this past fall—the siding on the exterior of a condo, co-op or townhome can start to look a bit under the weather. Read More……
Keeping the Rain Off: Maintaining the Roof Over Your Head
After the four walls of a given structure, the roof is sometimes referred to as the “fifth plane”—and just like the walls that hold it up, the roof is an all-important structure that can make or break a building’s performance. New Jersey’s changeable climate, which as we all know ranges from sweltering humid summer heat […]
CO: HB 1134 and HB 1276 Clear the Senate Local Government Committee
House Bill 1134 (HB 1134) and House Bill 1276 (HB 1276) just cleared the Senate Local Government Committee and will proceed to the full Senate for consideration. HB 1134, which is being sponsored in the Senate by Senate Majority Leader Morgan Carroll, was approved by the Committee on a 3 to 2 vote and was […]
Fourth DCA Rules Insurance Companies Not Required to Provide Coverage for all Portions of Condominium Property
Recently, the Fourth District Court of Appeal in the case of Citizens Property Insurance Corp. v. River Manor Condominium Association, Inc., ruled that an insurer is not required to provide an association with coverage for “all portions of the condominium property located outside the units” and “all portions of the condominium property for which the […]
Avoiding Trouble with Your Association
A big source of disputes between owners and their associations concerns claims by the association the owner made changes or improvements to their property or unit without permission of the association. The owners often claim they sent an application to the association and after not receiving a response for more than thirty (30) days, proceeded […]
CO: Lawmakers kill lawsuit limits on condo defects
Tort reform on construction defects in Colorado will have to wait another year. After a hearing spanning two days, the state Senate Judiciary Committee on Wednesday killed SB 52, a proposal by Sen. Mark Scheffel, R-Parker, to limit lawsuits over condominiums and townhouses that have brought construction of such residences virtually to a halt in […]
CAI-RF: 2012 Statistical Review For U.S. Homeowners Associations, Condominium Communities and Housing Cooperatives
Foundation for Community Association Research Statistical Review For U.S. Homeowners Associations, Condominium Communities and Housing Cooperatives NATIONAL AND STATE DATA
Reasonable Accommodations (video)
You are a board director in a no-pet building. And you’re happy about it. But an owner has come to you and said “I need an emotional support pet.” Welcome to the world of reasonable accommodations. In this video you’ll learn what you have to accommodate, when it is necessary, and how to do it. […]
Capital Reserves and the Future of Your Community
I went to see a fortune teller recently. She took me into her reading room and asked me to gaze into her crystal ball. She then predicted my future. “I see wear and tear on your buildings. I see a new roof will be needed. I see aging windows that need replacing. I see… a […]
Conflict Resolution Insights: Why Conflicts Escalate
On two recent occasions, I have been involved in interactions that started with a minor miscommunication and quickly elevated to full-blown conflict. In both situations, the other person and I pretty quickly recognized what was happening, and we managed to get our communications back under control. Read More……