HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look: An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by […]
Unhappy neighbors. Vacant lots. NC community for ‘patriots’ off to a rocky start
When developers launched 1776 Gastonia, the 55-plus housing community for “patriots,” in the Charlotte area last year, they said it was just the beginning of a “grassroots movement.” With street names like Paul Revere Drive and Constitution Lane, 1776 Gastonia invokes vague stars-and-stripes imagery to appeal to its target audience: patriotic citizens looking to achieve […]
‘Quasi-Dormant’ Darien Homeowners Association Resurrected (IL)
Dorothy Sipp and her husband, John, have lived in Darien’s Hinsbrook subdivision for nearly four decades. “There always have been rumblings that there is this homeowners association,” Dorothy Sipp said, but the couple never came into contact with it. Until last week. In the mail, they received a letter from the association’s president, Bill Christenson. […]
Neighbor Cries ‘Fowl’ Over Chicken Ban (FL)
Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these […]
The Power of Infrared Thermography in Building Inspections
Infrared thermography, a cornerstone of modern infrared inspection, stands out as a non-invasive diagnostic tool, revolutionizing the approach toward preventative maintenance and safety inspection. Utilizing state-of-the-art infrared cameras, this technology makes the invisible visible by capturing the heat emitted from objects in vivid colors, revealing potential issues in electrical systems, insulation failures, and even hidden […]
Edmonton condo at risk of collapse to be sold as corporate law clouds hope for court fight (AB)
The corporations behind the construction of an Edmonton condo building that was evacuated last year due to the risk of collapse no longer exist, which poses a legal hurdle for owners who were forced from their homes seven months ago. All residents of Castledowns Pointe at 12618 152nd Ave. were ordered out last September after […]
Board Relations: Avoiding Conflicts of Interest
It’s the time of year when many community associations welcome new board members. It also is a great time to review conflicts of interest and how to avoid them. Community association board members are considered fiduciaries. Fiduciary duty is the highest standard of care imposed under law, and it occurs when one or more persons […]
Is Your Co-op Vulnerable to Unauthorized Pets? The Pet Law is a Beast (NY)
In the case of 360 E. 72nd St. Owners Inc. v. Wolkoff, a New York State Court in Manhattan handed down a decision regarding pets in cooperative buildings that co-op boards and property managers should beware. The outcome underscores the importance for co-ops to take prompt legal actions when dealing with residents who violate pet-related […]
Malaysia: Strata residents raise issue of cohabitation with pets
K. DIANA resides in a condominium in Petaling Jaya, Selangor where she recently welcomed an abandoned toy poodle into her home. She claims that the well-behaved pooch poses no disturbance to her neighbours as it remains indoors. Three months after bringing the dog home, Diana received a notice from condominium management instructing her to remove […]
Australia: ‘Completely blindsided’: new owners of strata properties shocked by special levies
About three months after Jake* and his partner bought their apartment in Sydney, they faced an unexpected bill of more than $100,000. It was a special levy for major repairs needed to fix problems with the building’s waterproofing, but it was not flagged in the strata report or the previous year’s annual meeting minutes that […]
What Is a Co-Op? (Short Answer: Much More Than You’d Think)
With so many different types of housing out there, you can’t blame first-time homebuyers in many large cities in America for asking themselves, “What is a co-op?” But a housing cooperative is more than a condo with a board of directors, bylaws, shares and complicated board approval process. It’s also a historic method for providing […]
‘Enough work hasn’t yet been done’: 42 community association representatives meet with Gondek over rezoning (AB)
Dozens of Community Association representatives sat down with Mayor Jyoti Gondek Saturday morning to express their concern about proposed zoning changes. If passed, Calgary’s base zoning district would be changed to R-CG, a classification that allows for row homes and duplexes to be built in residential zones. Read the article…………………………….
Owner furious that condo’s no smoking at home policy ignored. Can neighbor be stopped? (FL)
Question: I live in a 55+ condo association. In 2015, we passed a strict “no smoking” bylaw. Smoking is not allowed on our property, including inside of units. When I was president, I had to get our attorney involved to get one renter who smoked in her rental condo to stop, even though she rented […]
Two-Alarm Fire at Condo Complex in Long Beach (CA)
A two-alarm fire was hard to access for Long Beach Fire. The residents started evacuating, taking the provided hose lines off the wall, and fighting the fire until the fire department arrived. Read the article…………………………….
Condo Smarts: Do strata fees still apply during a major claim? (BC)
Dear Tony: Our building experienced a major flood during the cold snap in January. Everyone had to move out to allow for the restoration contractor in for repairs. We are one of three buildings and the owners and tenants have no control over the process of repairs; however, our strata council have given us notice […]
Evicting geese with dogs, umbrellas and laser pointers
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 […]