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Community Associations Network
- January 27, 2016
21 views 21 sec

You’ve already invested in the property. You’ve made attempts at looking after the maintenance and repairs, screening through tenants and you may have even looked at hiring repairmen to fix everything you’re not sure how to fix.   Read the article…………

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Community Associations Network
- January 27, 2016
17 views 20 sec

A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue.   Read the article……….

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Community Associations Network
- January 26, 2016
20 views 49 sec

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate […]

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Community Associations Network
- January 26, 2016
25 views 32 sec

Every co-op seems to have at least one: the disruptive resident who never stops bombarding the board with complaints. Unfortunately, co-op boards can’t dismiss the impossible-to-placate shareholder as a whiner and a mere nuisance. Boards need to determine if all complaints are legitimate, and then act appropriately. It sometimes requires the skills of a psychiatrist, […]

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Community Associations Network
- January 26, 2016
19 views 19 sec

The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees.    Read the article………..

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Community Associations Network
- January 26, 2016
43 views 34 sec

In a recent landmark decision, HSCC No. 627 v. Grandview Living Inc., the Ontario Superior Court of Justice ruled that a condominium corporation could not terminate a contract pursuant to section 112 of the Condominium Act (the “Act”) without the approval of two-thirds of the unit owners, where the effect of terminating the contract would […]

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Community Associations Network
- January 25, 2016
18 views 42 sec

Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough […]

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Community Associations Network
- January 24, 2016
23 views 21 sec

Broker-owner Carla Muss-Jacobs of Buyers Agent Portland is getting a lot of phone calls from a certain kind of buyer lately. Several times a month, people call her Portland, Ore., office looking for properties to turn into Airbnb short-term rentals.   Read the article………….

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Community Associations Network
- May 16, 2015
18 views 30 sec

Many common interest community associations struggle filling open director seats on their boards. Frustrated and discouraged boards periodically consult with me, questioning how their association can proceed when they have a hard time finding enough volunteers to simply meet quorum. There are four main reasons why associations have difficulty finding volunteers, but each of the […]

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Community Associations Network
- May 14, 2015
17 views 30 sec

Thursday, April 30, 2015 was the all-important “crossover deadline” in the North Carolina General Assembly. Without getting too much into the weeds, bills that are “non-budget” must generally have passed one chamber or the other by the crossover deadline to be eligible for consideration during the 2015/2016 session (although House and Senate rules are slightly […]

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FEATURED
Community Associations Network
- May 13, 2015
15 views 38 sec

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

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Community Associations Network
- May 12, 2015
27 views 30 sec

In an unpublished Appellate Court decision – The Glens at Pompton Plains Condo. Ass’n, Inc. v. Van Kleeff – the New Jersey Appellate Division made it abundantly clear that condominium associations must offer alternative dispute resolution (“ADR”) for any “housing-related dispute,” including the non-payment of assessments/maintenance fees, prior to filing any non-emergent legal action against […]

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FEATURED
Community Associations Network
- May 12, 2015
20 views 34 sec

The current drought endured by the state of California is not its first rodeo. Between 1987 and 1992 the second driest period in California history ravaged much of our country not the least of which, in the southwest. Fast forward nearly 20 years and front and center in the hearts and minds of many Californians […]

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FEATURED
Community Associations Network
- May 9, 2015
20 views 42 sec

In an earlier column, I explained the occasional problem of a board whose powers have gone to its collective head and turned into a rogue board. But that’s a bit unfair because the vast majority of boards are well intentioned, well operated administrative bodies filled with volunteers who work really hard to make their place […]

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Community Associations Network
- May 8, 2015
17 views 21 sec

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder.   Read the article………..

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Community Associations Network
- May 5, 2015
19 views 51 sec

Elevators may be the most complicated and expensive asset in your building. Fix your contract, know the basics and minimize legal risks before your community finds itself out of order.  The passenger elevators in a 90-year-old, 62-unit, 16-story condominium complex in Chicago were so small and vintage that residents often used the freight elevators. Unfortunately, […]

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Community Associations Network
- May 5, 2015
15 views 47 sec

Forget gates and golf. Today’s homeowners and buyers want something else. Adapt your amenities and community events or get left behind.  In the not too distant past, simply having a gatehouse, golf course and swimming pool were a sure-fire way for a community association to attract residents and boost property values.  By most accounts, that’s […]

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Community Associations Network
- April 24, 2015
38 views 29 sec

Being a community leader with an association is a very rewarding job. Leaders taking associations from good to great through events, communication, and activities.  There are, however, certain rights that you need to maintain, along with responsibilities as a community leader. Remember these rights and responsibilities, and you will get more enjoyment as a community […]

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Community Associations Network
- April 21, 2015
24 views 34 sec

Community associations need a minimum number of voters to elect board members, or the election cannot take place.  Assembling that number, known as a quorum, is a daunting challenge for many associations.  The reasons owners don’t vote are varied. Some bear grudges against the board or association. Others like everything the way it is and […]

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Community Associations Network
- April 14, 2015
15 views 22 sec

Successful HOAs promise security for the residents. However, protecting an entire neighborhood is difficult, and it can be easy to get caught by pitfalls. Check out these three common security mistakes for associations, and learn some tips on how to avoid them.    Read the article………..

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Community Associations Network
- April 14, 2015
14 views 29 sec

Contrary to popular belief, most property owners fulfill their financial obligations to their association. As a result, the number of actual association foreclosures is very, very small. Of that percentage, almost nobody wakes up in the morning and decides to stop paying a mortgage or condominium or homeowner association dues. The facts of life, however, […]

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Community Associations Network
- April 14, 2015
18 views 7 sec

In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”). The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise of their religious freedom unless there was a compelling governmental interest behind the law and the least restrictive means of furthering that […]

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Community Associations Network
- April 13, 2015
22 views 26 sec

As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that association meetings and elections run as smoothly as possible.     Read the article……….

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Community Associations Network
- April 13, 2015
19 views 41 sec

The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium […]

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FEATURED
Community Associations Network
- April 13, 2015
19 views 31 sec

This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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Community Associations Network
- April 13, 2015
15 views 31 sec

We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble […]

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Community Associations Network
- April 13, 2015
30 views 43 sec

Did you know that some condominium associations may have the right to keep a homeowner from posting a mezuzah at the doorway entrance?  It happened to Barbara Cadranel of Stratford, CT. In 2012, she received a stern letter from her condo association demanding that she remove the mezuzah from her doorpost or pay a fine […]

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Community Associations Network
- April 13, 2015
22 views 42 sec

PRIOR TO HURRICANE SEASON – APRIL AND MAY • Check the operation of all vents and openings in the machine room and hoist way walls to insure proper operation. This is to make sure that driving rain will not blow through the vents. • Check to make sure all doors, vents and other openings are […]

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Community Associations Network
- April 10, 2015
42 views 32 sec

To address complaints of predatory towing practices, the State of Ohio recently enacted updated regulations for towing vehicles from private property. The vast majority of the changes place additional restrictions and requirements on towing companies, but there are aspects of the new regulations that will require action from condominium and homeowners associations to ensure their […]

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Community Associations Network
- April 9, 2015
15 views 26 sec

Alfred M. Pollard, general counsel for the Federal Housing Finance Agency (FHFA), testified on Tuesday before the Nevada State Legislature Judiciary Committee on so-called “super-priority liens” and on recently introduced legislation to amend the way the foreclosure process is handled with regards to a homeowner association (HOA)’s lien.    Read the article……….

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Community Associations Network
- April 7, 2015
29 views 40 sec

The winter has been harsh and long, but relief is on the way. Landscapers are cleaning up the grounds, and outdoor swimming pools will open in a few weeks. Perhaps it is time to plan a community association party.  Some associations host a regular schedule of holiday festivities, barbecues and other gatherings. Some never do. […]

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Community Associations Network
- April 6, 2015
15 views 27 sec

This is an analysis of the unforeseen consequences of the City of Alexandria, Virginia privatizing many services that it has traditionally provided to its homeowners. Alexandria was first settled in the mid-1700s and over the years has been home to the likes of George Washington, Robert E. Lee, Richard Nixon, Gerald Ford, and Jim Morrison, […]

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Community Associations Network
- April 6, 2015
18 views 34 sec

Recently, a broker e-mailed me with a question I had not yet heard. A homeowners’ association was seeking to equip security guards with body cameras. She asked, does this impact the guard firm’s liability and, if so, how?  Body cameras have quickly become a hot-button issue for law enforcement and policymakers, and now they are […]

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FEATURED
Community Associations Network
- April 4, 2015
16 views 33 sec

This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]

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Community Associations Network
- April 4, 2015
20 views 24 sec

If your HOA board has hired a manager for the first time, there are a number of things it can anticipate the management company will ask for. The Board can prepare for the manager in advance by gathering specific documents and records pertaining to your homeowners association.     Read more……..

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Community Associations Network
- April 2, 2015
14 views 30 sec

This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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FEATURED
Community Associations Network
- March 31, 2015
15 views 30 sec

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely. However, attitudes regarding the acceptable use of marijuana are changing. More co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable […]

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FEATURED
Community Associations Network
- March 31, 2015
25 views 51 sec

This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]

Owner
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FEATURED
Community Associations Network
- March 31, 2015
25 views 42 sec

Trying to keep communities looking good is one of the most important goals for homeowners associations; in fact, it is one of the main reasons people purchase homes in HOAs. Unfortunately, enforcing governing documents is not an easy task and there are oftentimes provisions in the governing documents that make it even tougher. To assist […]

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Community Associations Network
- March 31, 2015
20 views 34 sec

So, you just started as a new board member in your condominium or homeowners association in Florida? Congratulations! Or, condolences! Your’s is a thankless job, but someone has to do it. Hopefully, your neighbors will recognize that you are investing your time and energy for the benefit of your community, while they may be off […]

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Community Associations Network
- March 30, 2015
30 views 44 sec

Finding a contractor who will perform quality work at a reasonable price can be a daunting task for any HOA board. It’s always a good idea to use contractor caution and ask for references, contact the Better Business Bureau and your state licensing bureau to see if there are complaints against a prospective contractor. In […]

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Community Associations Network
- March 30, 2015
14 views 30 sec

Most of us have never seen a winter like the one that (we hope) has finally ended. We’ve never seen this much snow, temperatures this cold sustained for this long, this many ice dams or this many leaking, sagging roofs. And the damage resulting from these “never seen” conditions is likely to achieve “never seen” […]

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Community Associations Network
- March 30, 2015
19 views 22 sec

Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end.     Read more……….

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Community Associations Network
- March 28, 2015
17 views 20 sec

Tenants and landlords often disagree about who is responsible for violations of the HOA’s governing documents during the tenancy. The answer depends upon the lease between landlord and tenant, but also sometimes is further defined by the governing documents.    Read more………

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Community Associations Network
- March 28, 2015
14 views 25 sec

Every time I am approached by condo buyers and owners alike, the most asked question is on the future of condominiums.  Practically speaking, condos will exist as a real-estate ownership option for as long as there are buyers willing to buy them — notwithstanding their inherent ownership related problems.     Read more………

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Community Associations Network
- March 27, 2015
16 views 29 sec

If you are a member of a community association board of directors in Montgomery County, as of January 2016 you will be required to take basic training within 90 days after being elected.  And if you live in an apartment in the District and own a bicycle, your landlord may be obligated to provide storage […]

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Community Associations Network
- March 25, 2015
19 views 23 sec

Living in a condominium means sharing space, including a building’s entrances, elevators, hallways and parking lots.  While those common spaces can be important for interactions between neighbours, they can also create security issues, as residents don’t always know who else is in their building.     Read more……….

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Community Associations Network
- March 25, 2015
16 views 17 sec

The legislation that passed the 2015 General Assembly Session is mostly helpful to Virginia HOAs–clarifying issues created by some legislation, and providing solutions for owner apathy and bank foreclosure problems for associations.    Read more……….

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Community Associations Network
- March 24, 2015
25 views 23 sec

In the not-too-distant future, community associations could launch camera-equipped, unmanned aerial vehicles, also known as drones, for many routine tasks. They will be able to examine buildings for leaks and damage, check on the performances of contractors and find illegal barbecue grills on upper balconies.    Read more………

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Community Associations Network
- March 23, 2015
25 views 20 sec

As a member of your HOA board you have a big responsibility to enhance, maintain and protect your homeowners association. You also have the legal authority to carry out your role, but where do you get this authority?   Read more……..

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