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Community Associations Network
- February 17, 2016
24 views 44 sec

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined […]

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Community Associations Network
- February 17, 2016
51 views 32 sec

Mental health in condominiums is an issue that is likely to increase in frequency as living in condominiums becomes the norm. The aging population will also make it an important issue as certain mental health issues (i.e. alzheimer’s and dementia) are more common as we age. The symptoms may include memory loss, confusion, hallucinations, delusions, […]

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Community Associations Network
- February 17, 2016
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The declaration of a condominium corporation must confirm the proportions in which owners are to contribute towards the common expenses of the corporation. This statement is usually expressed in the declaration in a percentages allocated to each unit.   Read the article……….

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Community Associations Network
- February 16, 2016
29 views 28 sec

Choosing the best-fit property management company is one of the most difficult decisions an HOA or commercial property owner can make. Choose correctly and you’re on your way to a productive and stress-free relationship. Make the wrong choice and you can inadvertently set yourself up for a long and difficult road ahead.   Read the article……………

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Community Associations Network
- February 16, 2016
20 views 35 sec

The Ontario Human Rights Code provides that every person has a right to equal treatment in the occupancy of living accommodation (i.e., housing) without discrimination because of disability (among other things). In turn, accommodation providers have a corresponding duty to accommodate any person with a disability to the point of undue hardship. (The concept of […]

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Community Associations Network
- February 16, 2016
22 views 36 sec

Section 4750.10 has been added to the Civil Code in order to allow residents to use clotheslines and drying racks, under certain conditions, without fear of disciplinary action by a homeowners association. The new law defines “clothesline” to include “a cord, rope, or wire from which laundered items may be hung to dry or air.” […]

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FEATURED
Community Associations Network
- February 16, 2016
39 views 19 sec

I have been to my fair share of residential board meetings and was able to offer key insights into how to most effectively and efficiently run these meetings. Here are some of the key takeaways:     Read the article………..

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Community Associations Network
- February 16, 2016
22 views 20 sec

Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures so that they could utilize these residences to reap rental income while the bank cases languish.    Read the article………..

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Community Associations Network
- February 16, 2016
25 views 36 sec

3 Steps for community peace; we’ll tackle world peace next time.     Noisy neighbors… Almost everyone will have to deal with them at some point in their adult life, whether they live in a single family home, condo, or apartment. It can be anything from the early bird next door who starts the lawnmower at […]

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Community Associations Network
- February 15, 2016
26 views 22 sec

Over the last several years, homeowner’s associations and condominium associations across Florida have taken serious losses and written off large amounts of bad debt due to the housing market crash and the flood of mortgage foreclosures following in its wake.     Read the article……….

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Community Associations Network
- February 15, 2016
30 views 32 sec

There is a growing sense of concern among community associations regarding the legal ramifications as the popularity and availability of drones rises. This begs the question of whether there are limitations condominiums and HOAs can impose on the ability of residents to use drones within the community and how to minimize potential liability to community […]

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FEATURED
Community Associations Network
- February 15, 2016
26 views 27 sec

On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals and criminalizing certain […]

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Community Associations Network
- February 15, 2016
17 views 18 sec

The vast majority of condominium and community associations are nonprofit corporations, but even they have to file taxes. There are some tips your community association should follow when it comes to tax time.   Read the article……….

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Community Associations Network
- February 15, 2016
40 views 39 sec

In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right which likely means that a mandatory community association, despite being […]

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Community Associations Network
- February 13, 2016
26 views 46 sec

In Florida, the “officers and directors of the association have a fiduciary relationship to the unit owners.” F.S. §718.111(1)(a)  In its most basic form, a fiduciary duty is an obligation to put the interest of someone else above the self-interest of the fiduciary. In the condominium director context, the director is the fiduciary and breaching […]

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Community Associations Network
- February 12, 2016
25 views 31 sec

QUESTION: The drone has a camera on it, and we are feeling like our privacy is being invaded. What can we do? ANSWER: Florida drone regulation law does address the use of a drone camera in any area in which a person has an expectation of privacy. Section 934.50, Florida Statutes was amended in 2015 […]

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Community Associations Network
- February 12, 2016
22 views 14 sec

The British Columbia Supreme Court recently ordered a condominium unit owner to cease smoking in his unit in contravention of the strata corporation’s bylaws.   Read the article………..

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Community Associations Network
- February 10, 2016
22 views 30 sec

Every year I learn a host of new rules and regulations which impact property investors in Thailand, sometimes positively but often detrimentally. This year I learned something new, which either by chance or good fortune, my clients over 13 plus years here have never experienced. Unfortunately, I view the situation as being severely detrimental and […]

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Community Associations Network
- February 9, 2016
20 views 41 sec

While it’s true that over the last two decades, New England has become a safer place to call home, that doesn’t mean that security concerns don’t still exist—especially for those in condos or HOAs. While security guards, electronic gates and doormen are a good start for providing residents with a welcome sense of security, thanks […]

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FEATURED
Community Associations Network
- February 9, 2016
24 views 27 sec

In town and city government, elected officials and committee volunteers are duty-bound and legally required to maintain open meetings and treat every line item of taxpayer funds as public information. Condominium communities, and the way they’re operated, are often compared to municipal governments, but there’s nothing “public” about them, really.   Read the article……….

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FEATURED
Community Associations Network
- February 9, 2016
22 views 34 sec

Infighting: The thought of it in a condo community makes everyone cringe, from residents to board of trustee members to property managers. It also puts those involved in an awkward position. Although it isn’t a common occurrence, thankfully, conflict can happen even within associations that have been typically harmonious. Sometimes problems arise within the board […]

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Community Associations Network
- February 9, 2016
47 views 30 sec

The start of a new year represents a slew of new beginnings for most community associations. From holding annual elections to the preparation of annual budgets, the first quarter of the year marks a pivotal time for many associations. With that comes a great deal of confusion, particularly with regard to the proper way to […]

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Community Associations Network
- February 8, 2016
25 views 14 sec

One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community.   Read the article………

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Community Associations Network
- February 8, 2016
44 views 16 sec

The department of Housing and Urban Development (HUD) has offered that assurance for regulations the agency has proposed, clarifying the standards for assessing harassment claims under the Fair Housing Act.   Read the article………

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Community Associations Network
- February 8, 2016
21 views 31 sec

February is here, and although the cold tends to keep most residents indoors, they’re likely feeling the beginning of spring fever. And so should your homeowner’s association. Start creating your spring to-do list now so that when all the snow melts and the weather warms up, you’ll be able to get started on spring cleaning […]

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Community Associations Network
- February 7, 2016
23 views 25 sec

The B.C. Supreme Court recently issued a ruling in a strata property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasingly being called upon to manage smoking-related disputes.     Read the article………..

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Community Associations Network
- February 5, 2016
36 views 29 sec

Decided by the First District of the Illinois Appellate Court on February 3, 2015, Strobe v. 842-848 West Bradley Place Condominium Association confirms the long-held position of KSN that the board of managers of a condominium does not have the authority to adopt rules that restrict leasing of units when the association’s declaration of condominium […]

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Community Associations Network
- February 4, 2016
21 views 50 sec

Last week, we talked about the ways that your HOA can unwittingly be stripped of their monies. This week, we talk about the signs that your HOAHOA might be the victim of embezzlement. There are many clues to embezzlement, but the primary clue that theft or misappropriation of funds is occurring is secrecy. Any board […]

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Community Associations Network
- February 4, 2016
17 views 32 sec

When planning a condominium project, developers try to maximize the usage of the condominium property. Since parking takes up so much space, robotic valet parking systems have been developed so that the number of parking spaces in a garage can be increased by reducing garage ramps, driving aisles and pedestrian stairwells and elevators, and by […]

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Community Associations Network
- February 3, 2016
22 views 28 sec

Community associations are sometimes faced with determining whether they can prohibit a sexual offender or predator from living in a community or from using common area facilities, such as a clubhouse, or whether they have a duty to notify members of the existence of a sexual offender or predator living in the community.   Read the […]

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Community Associations Network
- February 3, 2016
15 views 19 sec

As of January 2, 2016, those who serve on the boards of condominiums, homeowner associations, and housing coops in Montgomery County, Maryland must now complete an education course on the responsibilities of serving on a board of directors   Read the article……….

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Community Associations Network
- February 3, 2016
27 views 29 sec

The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the foreclosure crisis and enabled the associations of many distressed developments to regain their financial footing. […]

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Community Associations Network
- February 2, 2016
21 views 23 sec

Today’s New York Post carries a story about a unit owner in a luxury Upper East Side condo who has sued his upstairs neighbors for allowing their kids to play floor hockey in the hallway, sometimes as early at 6:30 in the morning   Read the article……….

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Community Associations Network
- February 2, 2016
20 views 16 sec

Q: What exactly is the “business judgment rule”? I have a problem with my condominium board, and the condo attorney keeps referring to this as a defense. Can you explain?   Read the article………….

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Community Associations Network
- February 2, 2016
25 views 14 sec

In a nutshell, what clarity did the most recent opinion by the Nevada Supreme Court provide for the pending litigation around HOA super priority liens?   Read the article…………

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Community Associations Network
- February 2, 2016
35 views 49 sec

Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners […]

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Community Associations Network
- February 2, 2016
32 views 35 sec

According to Community Associations Institute (“CAI”), a leading national community association organization, the U.S. House of Representatives will vote today on important changes to the Federal Housing Administration’s (“FHA”) condominium project approval process. The changes to the FHA condominium project approval process are included in H.R. 3700, the “Housing Opportunity Through Modernization Act”, bipartisan legislation […]

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Community Associations Network
- February 2, 2016
17 views 34 sec

Preventative maintenance is one of the most basic and important things you can do for your community. With good preventative maintenance, you may have to spend a little time and money here and there, but as a result, you avoid the money and headache that comes with major repairs that could have been avoided. Check […]

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Community Associations Network
- February 2, 2016
32 views 43 sec

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for […]

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Community Associations Network
- February 1, 2016
39 views 34 sec

As a potential buyer in a HOA community, it’s important that you know what rules you’re signing up to follow for before you actually sign on the dotted line. Unfortunately, too many potential buyers shy away from fully reviewing HOA documents because of intimidating legal and industry jargon. This usually results in new owners becoming […]

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FEATURED
Community Associations Network
- February 1, 2016
20 views 35 sec

In previous a blog, we discussed electronic voting and how it provides community associations with the opportunity to work in the digital space. Doing so makes the election process easier, less cumbersome, and easier to detect flaws. Since our last blog addressing electronic voting rules and guidelines proposed by the Department of Business and Professional […]

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Community Associations Network
- February 1, 2016
32 views 31 sec

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.  With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche practice area focused on condo developments, commercial and residential community associations, cooperatives and recreational organizations […]

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Community Associations Network
- February 1, 2016
20 views 24 sec

An HOA management company can help homeowners association boards in many ways and work with nearly every budget. Two of the most obvious are assisting with financials and collecting delinquent HOA fees. There are also some ways your board members may not have thought of.    Read the article…………

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Community Associations Network
- January 31, 2016
18 views 23 sec

Previously in this blog (specifically, here) we discussed the new non-profit, self-financed tribunal to be established by the proposed Condominium Authority under the provisions of the Protecting Condominium Owners Act, 2015, (AKA Bill 106), which is to be known as the Condominium Authority Tribunal (“CAT”).   Read the article………….

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Community Associations Network
- January 30, 2016
23 views 22 sec

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded. The creditor’s primary interests in perfecting the judgment as a lien on a debtor’s property are two-fold:    Read the article……….

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Community Associations Network
- January 29, 2016
29 views 28 sec

HOAs often have many different committees to help maintain standards throughout the community. One possible committee is the architectural review committee, which helps homeowners understand what types of changes to their home and yard are, and are not, allowed. If you are considering starting an architectural review committee, check out these three benefits.   Read the […]

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Community Associations Network
- January 28, 2016
26 views 30 sec

First mortgage holders in Rhode Island beware: in a 4-1 decision handed down on December 4, 2015, the Rhode Island Supreme Court has ruled that pursuant to the Rhode Island Condominium Act, RIGL § 34-36.1-1.01 et seq., liens for six months of unpaid common fees prior to the foreclosure have super-priority status, and can extinguish […]

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Community Associations Network
- January 28, 2016
55 views 20 sec

Last week we covered: the kickback, overbilling, expense padding, volunteer compensation and underreporting income. In the final installment of this two-partHOA series, we continue highlighting common examples of how HOA’s can unwittingly be stripped of their monies:     Read the article……….

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Community Associations Network
- January 28, 2016
32 views 16 sec

A common question that I receive from managers and board members is the following: What can an association do when it cannot obtain a quorum at the annual meeting?    Read the article…………

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Community Associations Network
- January 28, 2016
21 views 16 sec

Mold loves moisture. It doesn’t grow overnight, but co-op and condo boards need to act fast when it appears because mold-induced health complications – and lawsuits – can be devastating.    Read the article…………

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