I am a lawyer. I read, on a regular and ongoing basis, governing documents, statutes, contracts, and other such documents. I am asked to provide my opinion on various legal issues and, in doing so, I review the relevant documents and applicable law, and provide a course of action. And yet, all the legal knowledge […]
CA: What You Need to Know About Small Claims Court
There are certain claims where small claims court may be the appropriate venue, as opposed to superior court. Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5000, which is the limit that a California community association can recover in small claims court. Read More……
Indiana AG files lawsuit against three board members of The Harbours
“Today’s lawsuit is the first of its kind under a new state law allowing the Attorney General’s Office to regulate homeowner associations,” said Gabrielle Owens, director of the Homeowner Protection Unit and Licensing Enforcement Unit of the Indiana Attorney General’s Office. “Board members have a fiduciary duty to serve in the interest of those they […]
Florida Bar Looks at Issue of Managers and the Unauthorized Practice of Law
In June, 2012, the Florida Bar’s Standing Committee on the Unauthorized Practice of Law discussed the ever present issue of what constitutes “unauthorized practice of law” or “UPL” by community association managers. There are approximately 15, 600 licensed community association managers currently active in the State of Florida. Of those, the Department of Business and […]
Condominiums CAN Go Smoke-Free: Two Condo Boards’ Instructive Efforts
Enforcing a smoking ban is stickier in condos than in co-ops. While in both cases a supermajority of the shareholders or unit-owners can amend the bylaws, enforcement is the key issue: A co-op can terminate a shareholder’s lease, but a condominium association’s chief weapon is a fine — and if a repeat offender fails to […]
Followup to earlier post: More Firms Bow to Generation Y’s Demands
They’re often criticized as spoiled, impatient, and most of all, entitled. But as millennials enter the workforce, more companies are jumping through hoops to accommodate their demands for faster promotions, greater responsibilities and more flexible work schedules—much to the annoyance of older co-workers who feel they have spent years paying their dues to rise through […]
IL: Amendments to Common Interest Community Assn Act (HOA/POA)
Amendments to Common Interest Community Assn Act (non-condo’s) signed into law August 2012 Read More……
What Is A Lien?
Lien. The word gets thrown around like a hot potato on a construction project. Here on the Lien Blog, I use the word constantly, and advocate to credit managers to “file a lien” to protect a company’s rights to payment. But what exactly is a lien? How does it work? What does it do and […]
A Queens Co-op Slashes Its Electric Bill by 85%. How? With Cogeneration.
Cogeneration, also known as combined heat and power (CHP), is a natural-gas-fueled method of generating electricity for your co-op or condo building — and it’s down-to-earth, not pie-in-the-sky, as one Queens co-op found after getting got financing to install a cogeneration plant that’s reduced it Con Edison bills by 85 percent. Eight-five. Not a typo. […]
Trusting your Professional Service Providers
Homeowners associations are comprised of people from all walks of life, and for that very reason their boards of directors often consist of individuals who bring various levels of knowledge to the administration of the association Read more……..
HOA Board Member Wanted: Should You Run?
The day-to-day planning and financial stability of a Homeowners Association is generally attributed to the diligence and competence of its HOA Board. If you’re thinking about running, there are a number of things to take into consideration, such as the skills and qualifications, which will help you manage effectively. Read More……
Lakes can become liabilities if not maintained
The prospect of a nice home situated on a lake in a suburban community is very appealing to prospective buyers. Lakes became a fixture at many of the residential developments in Boone County during decades of population growth, which was only recently slowed by the economic downturn. Read More……
‘Peter Pan’ as Public Policy: Should Fifty-Five-Plus Age-Restricted Communities Continue to Be Exempt from Civil Rights Laws and Substantive Federal Regulation?
Although millions of Americans live in 55-plus age-restricted housing, little research has been done to determine whether these communities benefit their residents, or the nation as a whole. This is particularly ironic because these communities exist in contravention to anti-discrimination laws by virtue of a specific exemption granted to real estate developers by an Act […]
Some Possible Implications Arising From California Supreme Court’s Pinnacle Decision
On August 16, 2012, our state supreme court issued its opinion in Pinnacle Museum Tower Assn. v. Pinnacle Market Development, Case No. S186149 (Cal. Sup. Ct. Aug.16, 2012). The high court found that CC&Rs mandating arbitration between developers and homeowner associations (HOAs) were enforceable under the Davis-Stirling Act and were not unconscionable in nature. There […]
Privity, Shmivity, Says The California Supreme Court – A Provision To Arbitrate Construction Disputes In Recorded CC&Rs Will Be Honored If Not Unreasonable
Arbitration is a matter of consent, right? Because there can be no meaningful consent between a developer that drafts covenants, conditions, and restrictions containing a provision requiring arbitration of construction disputes, and a homeowner’s association (HOA) that doesn’t yet exist, how can the HOA in such circumstances be bound by the arbitration clause? That was […]
Homeowner Associations/POOF!: Strange Procedural Posture Requires Reversal Of $46,300 Fee/Costs Order When Judgment of Dismissal Reversed in Fourth Appeal of Dispute Involving Homeowner and HOA
Well, the fourth appeal in a longstanding mold/water intrusion/infestation dispute between a homeowner and HOA involved homeowners’ challenge to a judgment of dismissal in favor of HOA as well as the lower court’s order awarding HOA attorney’s fees of $37,336 and costs of $8,972. Read More……
The Art of Taking Minutes at Your Association’s Meeting
Detailed minutes can prove troublesome for your Association. Minutes are required at any Association or Board meeting. They serve as a record of the actions and decisions made at a meeting; however, they are not meant to be a transcript of the meeting. The more unnecessary, superfluous detail is included in Board meeting minutes, the […]
What the Heck is D&O Insurance and Why is it so Important? A Primer on Board Member and Officer Liability Exposure
Directors and officers of an association are volunteers with enormous responsibilities, who put in countless hours to better their communities. Though directors and officers are appreciated by most of the community, they are sometimes blamed for their decisions and challenged in court. However, in the event that there is a challenge (a threatened or actual […]
Court sides with contractor over subrogation for damages from burst pipe
A federal district judge in Miami has sided with a heating, ventilation and air conditioning contractor against an insurer seeking subrogation for damages paid related to a burst pipe during Hurricane Katrina at a luxury condominium building in Miami. Read More……
Gated Communities – Are They Any Safer?
Increasingly, many Americans turn to gated neighborhoods in an attempt to live in a place where they feel safe and secure. The concept of walls, gates and security cameras keeping out invaders and capturing attempted crime before it starts is very appealing to many who are willing to pay more for that privilege. Logically, it […]
BOO! No, Not a Ghost: Just “Back-Office Only” Management for Small Buildings
It might seem as if hiring a managing agent to care for your building is a no-brainer. But some condo and co-op boards are discovering it’s not always the smartest solution, especially when your building is small and so is your budget. Many such co-ops and condos are finding they could save management costs by […]
What is Mediation?
Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties are ordered to attend mediation prior to scheduling a trial. In some instances, however, even […]
The Common Sense “Secrets” to Running Good Board Meetings
Condo and co-op board meetings should be productive, efficient gatherings where the board conducts business and doesn’t meet to socialize. Are you getting the most out of your meetings? If not, consider a few of these things — from how to set an agenda to how you treat fellow board members and your managing agent. Read […]
In a California Homeowners Association, there are Three Types of Animals…
A homeowners association has a “strict” (and strictly enforced) “no pets” policy but a resident requests that an exception be made to permit her to keep a dog. Or, maybe it’s a cat. Or a hamster. Must the association provide this “accommodation”? The answer is “maybe” and depends in part on whether the resident is […]
You Catch More Flies With Honey
As I was driving to work this morning, I was reflecting on some of the less than constructive communications I have witnessed in the community association context lately. I don’t know if it’s the heat that’s getting to everyone or if the ugly presidential campaign is starting to rub off on us, but it seems […]
Smoking Bans: An Increasingly Viable Alternative for Addressing Complaints of Secondhand Smoke
We recently published an article on secondhand smoke regarding its impact at condominium associations and how it can constitute a nuisance. Since almost every community association’s CC&Rs prohibit noxious activity, this is a fairly common and accessible means of addressing the issue. However, enforcing a nuisance claim has its challenges and drawbacks, namely, the subjective […]
Understanding Finances: Reading Between the Line Items
For a crystal-clear picture of how an association is doing, there are few better lenses than the community’s budgets and financial reports. From an investment perspective, they show the shareholders, managers, tenants, owners, and board whether the property is solvent or not. If the numbers add up and the monies coming in and out balance, […]
Pay Up! The Subtle Art of Collecting Arrears
In the tough economic environment of the past few years, many condo owners have faced job losses, pay decreases or just financial uncertainty. Unfortunately, this sometimes leads to owners not paying their common charges. Read More……
Cash-Strapped? Getting Residents Behind an Assessment
Money is a topic people are often skittish about discussing—especially when the discussion involves rising fees, or having to pay more money for something. When you’re a board member or the property manager of a condo building or residential association however, there’s no benefit to skirting financial realities just because they may be difficult or […]
Amazing Amenities: Wine Cellars, Aquariums or Maybe, a Bowling Alley?
New Jersey is known for having some of the very best urban opportunities in the world—among the best colleges and schools, museums and libraries, as well as some of the finest parks, the most interesting architecture, the most intriguing mix of diverse people, and among the very best collection of historic sites in the nation. […]
Sewer-Pipe Primer: Two Engineers Explain When to Repair or to Replace
Sewage backups, which can occur primarily in your co-op or condo’s basement, pose health risks caused by contamination from harmful bacteria and mold. A blocked or broken sewer line is the obvious culprit. Here’s what you need to know about your co-op’s or your condo’s sewer lines so that you can make an informed choice […]
5 ways homeowners can protect against wildfires
Wildfires have become a tragic part of the daily news lately. They can strike anywhere, at any time, with no warning. State and federal firefighting budgets are stretched to the max as well, so it’s more important than ever that you do everything you can to ensure that your home is as safe as possible. […]
Meeting Moment – Avoid Rookie Mistakes
Usually we talk about how to handle the tough stuff that may come up during homeowner meetings. This month, we’ll talk about the easy stuff: how to avoid “rookie mistakes” — oversights that new or inexperienced meeting chairs often make. Keep this list with you and you’ll be more confident and professional while you preside […]
To Amend or Not To Amend? That is the Questions
Over the years, the law with respect to community associations has changed and morphed in many ways. If your community’s documents are more than five years old, it may be time to examine your documents and determine if they are doing your association more harm than good. Read More……
Arbitration Decision Coming Soon
On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”). Read More……
HOA Concerns in Contracting with Vendors
Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms of the vendor contracts. Because such liability […]
AB 1720 Signed into Law Requiring Access to Gated Communities for Licensed Private Investigators for the Limited Purpose of Service of Process
California Governor Jerry Brown recently signed AB 1720 into law. The bill, introduced by Assembly Member Norma Torres, aims at ensuring that state-licensed private investigators are provided access to gated communities to serve process, just as licensed private investigators are able to serve process everywhere else. State law currently ensures that registered process servers are […]
Déjà Vu All Over Again: Political Signs in Community Associations
As reported in the Press of Atlantic City, Anita Carbonara has two signs in support of President Barack Obama in the windows of her Barnegat Township home. The Board of Trustees at the Heritage Point, Ms. Carbonara’s homeowners’ association, wants the signs removed. Ms. Carbonara previously made a request to the Board to allow her […]
Colorado Springs HOA Has Unique Opportunity to Build Consensus and Community
Yesterday, the Denver Post ran a story entitled Rebuilding to test covenants after Colorado Springs wildfire. The story focuses on the Mountain Shadows Community Association which was devastated by the Waldo Canyon fire. The Post reports that 346 homes were destroyed in this community made up of custom homes, patio homes, condos and townhouses. Read More……
Dealing with the Media
I have a Google Alert set up which gives me a daily report of internet posts and media coverage anytime an association is involved. I see, on average, 10-15 stories a day. As a result, planning for your association to receive media attention is something every manager and board members should do. Read More…… (PDF)
For Whom the Bill Tolls: Board Sues AT&T for 18 Years’ Cell-Tower Electicity
Calling AT&T: Why have we been paying your electric bill for 18 years? That’s the question the condo board of The Leonori condominium — where residents include the actor Samuel L. Jackson and former Morgan Stanley CEO John Mack — has put to the telecommunications giant after discovering the building has been paying to power […]
The Homeowner’s Association (HOA) Statute in Alabama
An HOA is an entity that governs activities in a residential area. Most HOAs require residents to pay dues for services they provide, such as landscaping of the subdivision’s streets. Read more……..
Signs of the Times
It seems that with every election cycle, the campaigns start earlier and earlier. It’s almost to the point where it feels like there is no break or rest between them. Also, the politics of our country are getting more and more divisive and well, just plain mean. It only stands to reason that condominium and […]
Balancing Resident Experts’ Help with Your Paid Professionals’ Expertise
Co-op and condo boards have many “non-professional” professionals — lawyers, engineers, insurance agents, architects, teachers, designers, accountants and others who can tap into their work résumé to help expedite matters at your buildings. Savvy boards have learned to complement their paid professionals by utilizing the talents of a variety of professionals living in your buildings. […]
Condominium Unit Owners Not Strictly Liable for Damage Originating from Their Unit in Ohio
In condominium associations, where individual owners share a common interest in property and are often within close proximity to each other, it is not uncommon for disputes to arise between individual owners. Resolution of these disputes often turns on how the property relationships are defined by condominium association documents and bylaws, as well as state […]
Who Gets Preliminary Notice When Working on A Condominium Complex in Washington?
Over the weekend, a reader sent in an interesting question about Washington’s preliminary notice requirements. The question relates to construction work and materials furnished to a condominium complex, specifically inquiring as to who must receive the preliminary notice on such projects? Read More……
Court Tells Board in Foreclosure Case: The Guy Paid. What Else You Want?
Most condominium boards and their managers and attorneys act in what they perceive to be the best interests of their condo associations. But when one Manhattan board in an arrears foreclosure tried to not let the owner pay, and then tried to not tell the court when it did let the owner pay, the judge […]
Ruling opens door for Sellersburg to annex Covered Bridge
The Indiana Court of Appeals has upheld Clark Superior Court’s 2010 decision that voided the incorporation of Covered Bridge as a town. The appeals court also upheld the lower court’s dismissal of a petition signed by more than 600 residents of the golf community and surrounding rural area who opposed Sellersburg’s proposed annexation of their properties. […]
Suit Happens: But Disputes in Communities Can Be Resolved Without Legal Action
Imagine your own family, if you will —each person with his or her unique personality, attitude, experience and background. It’s inevitable that occasionally you might clash with sister Susie, brother Bob or even an uncle or an aunt. In an association or building, hundreds, if not thousands, of people live together, sharing common areas and […]