A recent case in Las Vegas has set a new bar for the heights to which criminals will go in their efforts to defraud condo associations and HOAs for contracts worth millions of dollars. A U.S. Justice Department investigation revealed that 11 homeowners and condominium associations in Las Vegas were defrauded of millions of dollars […]
As homeowner associations age, both structures and landscape wear out. And just like those groovy harvest golds and avocado greens of the 70s, landscape tastes have changed. Fortunately, the varieties of plants available have made the options wonderful and numerous. The best news of all is that creative use of these options coupled with the […]
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. […]
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, […]
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 […]
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……..
Q: Members of our community have been involved in a lawsuit over the possible installation of a solar-panel farm just outside the entrance to the community. We won the lawsuit based on the fact that 1) The solar farm would not be in “harmony” with the surrounding residential communities and 2) it would have a […]
The Republican National Committee’s announcement that Cleveland would be the site for its 2016 Republican National Convention was great economic news for the City and its surrounding communities. The Convention is estimated to bring in more than 50,000 visitors to the area and the week-long event will require housing for those visitors. Read more……….
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 […]
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 […]
It’s that time of year again, when the weather is changing and people are spending more time….naked in their doorways? No, this is not an early April Fool’s joke. According the neighbors of the Cardinal Glen’s HOA in North Carolina, this is a problem they’ve had to deal with without any help from the police. […]
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 […]
HOA boards and committees have to think about not only its community’s residents, but also its finances, taking care of day-to-day management and having to think ahead in case of unforeseen circumstances. With that being said, each year the committee sets up the community’s operating budget that deals with things like insurance premiums, utility bills, […]
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 […]
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……….
Many homeowners don’t feel a sense of community in their Neighborhoods or see the value their HOA provides. They know have to pay extra money on top of their mortgage to the community, but what value do they receive? This confusion and sense of isolation doesn’t have to exist in your community if your board […]
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………
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 […]
The U.S. Department of Justice announced settlement of a Fair Housing violation case against a Community Association and its Management. In addition to requiring a revamped set of Rules, the offenders must pay a $10,000 penalty to the United States and pay $100,000 to six families that suffered as a result of the discrimination. Read […]
This one is truly frightening and shows why fee shifting is a potential game changer in litigation. Plaintiffs were condo owners who also engaged in short term renting, deciding to challenge enforcement of certain HOA regulations imposing fees for such renting activities, Read more……….
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……….
We take so many things for granted as we go about our busy lives. One of them is the routine maintenance of our homes. Another is the effort required to manage our community associations and hold the property owners to a fair and equal standard. Read more………
A manager of a seniors homeowner association once commented “We have to approach long range planning carefully around here. Many of our residents won’t buy green bananas.” Read more……..
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………
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……..
A community association is a corporation, in many ways similar to any other corporation, be it a for-profit or not-for-profit company. In exercising decisions, for the most part, the community association’s board members must adhere to the “business judgment rule.” As I like to explain it, this means that the board member’s decisions might be […]
The New Jersey Supreme Court is considering whether homeowners’ associations and their maintenance contractors can be held liable for injuries caused when they fail to clear snow and ice from sidewalks that they own and have pledged to maintain. Read more……….
This blog post is part II 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 […]
(Scroll to 2nd item) A bill by Rep. Monica Youngblood to cap what a homeowners association can charge for releasing documents required before a property transfer is moving to the full Senate. Youngblood, R-Albuquerque, a real estate agent, said she is backing HB 380 to limit what she said is the “gouging” of certain homeowners […]
It is becoming more and more common place. A condominium association has a few claims on its insurance policy over the years and premiums start to rise. In order to purchase affordable casualty insurance to cover the common elements and the portions of the units the association is obligated to insure per the governing documents […]
One of the great challenges most homeowner associations experience is how to reduce landscape maintenance and water costs. Xeriscaping is a method of combining attractive, pest resistant and low maintenance native plants in a way that conserves water. It is based on seven basic horticultural principles: Read more……..
Over the years, I have worked with many, many Boards of Directors: As a manager, as a consultant, and as a member of the Board. And as we all – managers and Board members alike – know, some Boards are just better than others at administrating their community and effectively achieving their agenda with grace, […]