Canada geese are big, pretty birds when seen from far away, but when they get close to people they cause big problems. “Well, they poop every step they take,” said Shirely Perry, president of the Windham Lakes Homeowner’s Association. “They make a big mess and they do attack people, especially when they are nesting.” Read […]
Condominium Construction Defect Lawsuits: When Sponsors Bring Architects into the Fray (NY)
Condominium boards embroiled in construction defect lawsuits against developers (sponsors) often see a further complication arise: the sponsor bringing in the project architects as third-party defendants. Sometimes the condo can sue the project architect directly but many times the focus is on the developer and its members and they point the finger at the architect. […]
HOA Homefront: What to do with outdated election rules and candidate statements (CA)
Q: Our HOA ballot package for the board election included 3 candidate statements that endorsed themselves as a slate, one of whom also criticized their opponent. In the past, candidate statements included bios, qualifications, and what they had done or will do, but did not mention opponents or endorse other candidates. The nomination forms asked […]
Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs
Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session. Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. […]
HOA Q&A: Must a property manager have a Community Association Management license? (FL)
Q: If the HOA hires a property management company, what tasks require the manager to have a CAM license and is it illegal to hire someone without a license? We have been told the manager of our community is covered under the management company’s license. Read the Q&A………………………………..
Aliso Viejo residents claim herbicide spraying near their homes is making them sick (CA)
Back home after the walk, McCuan emailed Mission Landscape, under contract by the Aliso Viejo Community Association (AVCA), asking what was being sprayed at Canyon View Park. The following day, after McCuan had spent six hours in her backyard digging up roots and planting native plants for Monarch butterflies, a reply arrived from Mission’s vice […]
Important Construction Contract Provisions for Major Repairs in Condominiums & HOAs (MI)
The overwhelming majority of condominium and homeowners associations will, at some point in time, need to enter into a large construction contract for a major repair or replacement. Complex construction contracts are more frequent in condominiums, where associations have a much larger number of items that they are responsible for maintaining. However, even smaller homeowners […]
Is your condominium project on Freddie Mac’s Not Eligible List?
Freddie Mac opened access to the list of condominium and housing projects it categorized as “not eligible status.” Condominiums and housing cooperatives may be placed in this category due to potential noncompliance with lending guidelines. Access is restricted to an authorized representative of a condominium association or housing cooperative. Read the article…………………………….
Resident seeks responsive HOA for Greens at Wyoming
Residents of The Greens at Wyoming are attempting to get control of their neighborhood after they say their concerns have been ignored by an out-of-state homeowners association. The neighbors have a list of complaints: Most of the roads in the development — established in 2005 — remain unfinished, with sewer lids sitting high above the […]
Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL)
The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read […]
Landscaping and Covenant Enforcement (CO)
With spring being in full force and summer being just around the corner, we wanted to remind all Associations regarding policies, covenant enforcement and good practices as it relates to landscaping. Read the article…………………………….
House passes bill making it easier for condo owners to install solar (CT)
The bill serves as an expansion of the solar rights of members of common interest communities, which include condominiums, community apartments, planned developments, etc. A provision in the State’s Clean Air Act, passed in 2022, already prohibited common interest communities from adopting or enforcing rules that would prohibit community residents from installing solar panels. That […]
In a luxe N.Y. condo, residents battle over dumping the Trump name
A referendum underway inside one New York condominium building has led to bitter divisions between once-friendly neighbors, who have handed out dueling information and lobbed accusations of wrongdoing back and forth as votes are tallied. Read the article…………………………….
Ocean City Condo Complex Shut Down Amid Safety Concerns (MD)
An Ocean City condominium complex with a history of alleged structural problems dating back more than 40 years has been declared unsafe and was closed down by the city. Ocean City’s construction official issued “unsafe structural notices” and ordered the Seaspray condos to be vacated until repairs can be made, city spokesman Doug Bergen said. […]
Elderly man dies in condo fire on Jacksonville’s Southside (FL)
An elderly man died Friday morning in a fire at a condo complex on Jacksonville’s Southside, firefighters said. The fire broke out shortly before 4 a.m. at the Lakecrest Condominiums on Belle Rive Boulevard, just east of Southside Boulevard. Read the article…………………………….
State law passed after Hurricane Ian negates Sarasota’s move to control taller buildings (FL)
Aloophole in Sarasota’s development rules city officials closed last year has been reopened by a state law passed after Hurricane Ian, setting the stage for potential construction of the tallest building downtown and the opportunity for developers to build even more in coming months. Read the article…………………………….
Following board refusal to step down, Westminster residents continue fight (DE)
The Westminster Civic Association board ignored residents’ pleas during the association’s annual meeting Tuesday evening, dismissing a petition signed by some 80 households calling for the board members’ removal. Westminster residents said the annual meeting was a packed house Read the article…………………………….
Leaders in homeowners associations discuss how to improve sustainability practices (MT)
At a Thursday afternoon event where only about 35 people were expected to join, Jerome Tinianow, sustainability professional and proprietor of West Urban Sustainability, was excited to see almost 50 people associated with homeowners associations attend the April 4 Owners Association Sustainability Workshop in Big Sky. Read the article…………………………….
Regarding who must report Beneficial Owner Information for an incorporated HOA, FINCEN’s FAQ has this to say: (OK)
A homeowners association (HOA) that meets the reporting company definition and does not qualify for any exemptions must report its beneficial owner(s). A beneficial owner is any individual who, directly or indirectly, exercises substantial control over a reporting company, or owns or controls at least 25 percent of the ownership interests of a reporting company. […]
Condos, HOAs Should be Exempted From Corporate Tranparency Act
Community Associations Institute (CAI), the leading international authority on community association governance, education, and management, is calling on policymakers to exempt homeowners associations, condominiums, and housing cooperatives from the beneficial ownership interest reporting requirements outlined in the Corporate Transparency Act. Read the article…………………………….
Bay Area condo war widens after $1 million units sell for just $32,000 (CA)
The auctioning of several downtown San Jose condominiums has spawned a widening legal war now that a troubled China-based real estate firm has filed a new lawsuit in the increasingly tangled case. China-based Z&L Properties has filed a lawsuit against winning bidders in an auction last week of the downtown San Jose condos, as well […]
Australia: ACIL report exposes strata insurance regulatory gaps
The Australian Consumers Insurance Lobby (ACIL) has published an in-depth report revealing the gaps in the strata insurance sector…..The report noted uncertainty among respondents about which regulatory body is responsible for overseeing the sector. This confusion underscores the pressing need for clearer governance and regulatory frameworks. Read the article…………………………….
Understanding Community Association Security Measures and Liabilities
A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
Hawaii’s Insurance Crisis as Premiums Nearly Quadruple
Sue Savio, president and owner of Insurance Associates and former president of the Hawaii Independent Insurance Agents Association, told Insurance Business America that insurance costs for condominiums have risen by 100 percent to 1,000 percent in certain areas. Cj Paet, vice president of operations for Cadmus Properties, told local news website KITV 4 Island News […]
The right stuff: Stirring up the perfect volunteer recipe
The CAI Nevada Chapter seems to have perfected the volunteer recipe. The chapter boasts a large, long-standing, and active contingent of homeowners who give their time, expertise, and effort to both their local communities and the chapter. Read the article…………………………….
California HOA Condos and Homes: Unveiling the Top 10 Pitfalls of Faulty Gutter & Fascia Installations
A common oversight with potentially significant financial impacts is the quality and installation of gutters and fascia. At Naumann Law Firm, we’ve seen firsthand how these defects can lead to extensive property damage and financial strain. In our most recent blog, we delve in a bit closer the top 10 construction defects resulting from poorly […]
Navigating Election Year in Your Community
Maintaining harmony within your community can be difficult during the best of times. But when election season rolls around, things can get especially tricky. With emotions running high and a wide variety of opinions among homeowners in your neighborhood, keeping things peaceful can feel like a true challenge. During these times, clear community guidelines can […]
Beware of Claims Deadlines! Florida Condominiums Have Supplemental and Reopened Claims Statute Deadlines
Florida is the only state to address and provide a statutory definition for a “re-opened claim” or a “supplemental claim.” Florida’s law is not a consumer protection law. Instead, it is an insurance company protection law. The current edition of Florida’s Supplemental and Reopened claims law Read the article…………………………….
Spring Has Sprung! Is Your Community Association Ready?
Spring has sprung! Which means that community associations through North and South Carolina will begin seeing increased community traffic, amenity use (including use of playgrounds, pools, tennis and pickleball courts), and increased social events. So, is your community ready. Read the article…………………………….
Ask the HOA Expert: Gutters That Work
Rain gutters are an inconspicuous but necessary building component that homeowner associations deal with. Their need to perform consistently triggers ongoing maintenance and repair to themselves, exterior paint, siding, roofs and trees. Failure to keep the gutter system running smoothly causes overflows, water intrusion, interior damage, structural dryrot and enormously expensive repairs. There is a […]
Charge Up Fairfax Program Open to Communities Looking to Install EV Charging (VA)
Starting May 1, community associations in Fairfax County interested in installing electric vehicle charging stations for their residents will be able to apply for technical assistance and partial reimbursement through the Charge Up Fairfax program. Electric vehicles, or EVs, are better for the environment and less expensive to fuel and maintain than gas-powered vehicles. The […]
Australia: Strata manager sacked after avoiding jail time over elaborate $58k rental scam
A man who avoided jail time after defrauding Australians out of $58,000 in an elaborate rental scam has been sacked from his job as a strata manager. Last month, news.com.au reported that Sydney-based Scott Jeffries pleaded guilty to 22 counts of fraud after pretending to run rental inspections at properties he did not own, and […]
Southbury Zoning Dispute Continues Without Conclusion (CT)
The application before the commission that night was a request for a modification of detailed plans for 455 Main St. North. Joel Kahn, who is the acting president of Old Field, Inc. Homeowner’s Association, said the association would like to turn one of its two handicapped parking spaces into a regular space and add a […]
Dispute over road maintenance at Georgetown Lake continues (MT)
“To me they are just abandoning us, they don’t care. To the point the people living up there are getting sick and tired of it. If we don’t make a fight right now, we’re going to lose everything up there. And we don’t get much already anyhow,” said Brian Clark, president of the Georgetown Lake […]
Microwave starts fire at condominium building in Harford County (MD)
A microwave started a fire at a condominium building in Harford County, according to the Maryland State Fire Marshal. A neighbor of the occupant heard a smoke alarm and later discovered the occupant inside her apartment with heavy smoke, fire officials said. Another neighbor assisted her out of the apartment. Read the article…………………………….
Prepping for a nightmare scenario: What happens if there’s a condo collapse in Volusia County? (FL)
This week, some are training on how to respond to what would be a true nightmare: A condo collapse in Daytona Beach Shores. The Federal Emergency Management Agency is hosting the training at the county’s Emergency Operations Center at 3825 Tiger Bay Road Daytona Beach. Volusia County and chose the scenario. The county’s coastline is […]
‘Do something’: Condo owner frustrated other perceived inaction by property management company (TX)
rudy Allen has buyers’ remorse after dealing with what she describes as ‘issue after issue.’ The trombone player sold her home in 2020 and moved to the Sunridge Villas condominium on Westpark Drive in Southwest Houston. “It’s been very far from an oasis. I just stay in my house,” Allen said. “I regret [the] purchase […]
5 HOA Committees All Utah Communities Should Have
Living in a homeowners association can be complicated. Many homeowners are confused about the general operational setup of their neighborhood. Why do the assessments seem to keep going up? What does my money even pay for? Who actually calls the shots? Read the article…………………………….
Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations
In 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. […]
Surfside condo collapse investigators provide key insights into possible causes of the disaster. Here are the top takeaways (FL)
Federal investigators on Thursday shared updates on their probe into the cause of the catastrophic 2021 condominium collapse in Surfside, Florida, providing key insights into the factors that may have led to the deaths of 98 people under a mountain of rubble. Investigators have identified hundreds of possible points of failure in the building, eventually […]
Sun City HOA needs your support
Moving to Sun City provided a super opportunity to meet and associate with many other like-minded people. Cultivating these relationships, making new friends and gathering with neighbors, is fulfilling for lots and lots of Sun City citizens. These relationships/associations are a main reason for spending a portion of our lives here. Read the article…………………………….
Condo Smarts: CRA filing for bare trust no longer mandatory for strata (BC)
Q: Our management company is charging us $800 for each of our trust accounts to file the new tax returns required for bare trusts. If a strata corporation is self managed or has a management company, is a strata corporation operating account, contingency or special levy a bare trust? Are we required to file this […]
‘My serenity is being invaded upon’: Neighbors consider suing over code violations (FL)
In a deed-restricted neighborhood in Hillsborough County, some residents say they’re out of options to get neighbors to follow county code and deed restrictions. In Hillsborough County, short-term rentals are allowed but must be rented out for at least seven days. One neighborhood in the county says it’s easy enough to find rental after rental […]
How to Assess the Financial Stability of an HOA
Understanding a Homeowner Association’s (HOA) financial stability is crucial for maintaining property values and ensuring residents’ high quality of life. Key examination elements include reserve funds, special assessments and financial planning. Read the article…………………………….
New law mandates condo inspections for older buildings (FL)
Charlotte County sent notices to owners of 168 condominiums built decades ago that are at least three stories high, informing them the structures must undergo comprehensive inspections under a new state law. Charlotte County Building Official Shawn McNulty explained what the new law means and how it came about during the Board of County Commissioners […]
Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations
For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk […]
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Roof Preventative Maintenance for Multi-Family Communities
A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems. To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall […]
Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success
Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment […]