Condo & HOA News Items

/ Owner
March 18, 2024

Scottsdale House board members wish they had been more attentive a few years ago.  After failing to do a background check on a twice-sued manager who ran the HOA for years, the board started discovering money was disappearing from funds targeted for repairs and upgrades.  The deeper into the books they dug, board members found more and more money missing – hundreds of thousands of dollars.    

Allstate’s Florida Company Defends 54% Condo Rate Hike. Blames Reinsurance, Hurricane, Rapid Growth

When Allstate’s Florida unit, Castle Key Indemnity Co., entered the surging condominium insurance market in 2020, it looked like it had made a smart bet:

‘Sick to my stomach’: Neighbors demand answers from HOA over flag violations (NC)

Nickey Crowley says for the last 20 years, he’s flown a gay pride flag outside his home in Holly Park with no issue.  Then in

Downtown Denver condo residents say bicycle lane poses safety concerns (CO)

Residents in a downtown Denver condominium say the installation of a bicycle lane is causing safety issues for the people living there.  This past August,

Post-tension cable snaps at Emerald Bay – Village says no safety concern (FL)

Village officials said Friday night they are monitoring a failure of at least one post-tension cable that snapped at the Emerald Bay condominium Friday that

Scottsdale HOA says manager stole $1.6M (AZ)

Scottsdale House board members wish they had been more attentive a few years ago.  After failing to do a background check on a twice-sued manager

Q&A: HOA Balcony Repairs and Updates (CA)

Are you wondering about the balconies in your community? Well if you missed the presentation by ADAMS | STIRLING PLC regarding HOA balcony repairs and

Free capital reserve studies available for APCHA condo units (CO)

The Aspen-Pitkin County Housing Authority (APCHA) is seeking participants in a free initiative aimed at supporting homeowners’ associations (HOAs) in long-term planning for maintenance and

Owner wonders why Condominium Act limits board member terms while HOA Act does not (FL)

Question: The Florida Condominium Act, Section 718.112, limits condominium board member terms. Why are HOA boards not included in this statute?   Read the Q&A......................................

Texas sues Colony Ridge development for fraudulent real estate practices

Texas Attorney General Ken Paxton sued the Houston-area developers of Colony Ridge on Thursday, accusing them of deceptive sales, marketing and lending practices that allowed

Virginia woman battles HOA over tree removal after fallen tree killed her husband

A Virginia woman who says she cut down the trees in her yard after one fell on her house and killed her husband last year

HOA Homefront: Must our manager attend the board meeting? (CA)

Dear Kelly,  Is it legal for the board of a community to host a meeting without including representation from the HOA’s management?    Read the Q&A......................................

Residents evacuated after crane collapses onto condo complex in Norwood (MA)

A crane collapsed onto a condo complex in Norwood Friday afternoon, but no one was hurt, according to authorities.  Crews arrived to find the crane

Condo & HOA Informational Articles

Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA)

For HOAs, implementing universal rules and expectations is part of what helps a community thrive. To structure these, every association has three types of governing documents: Covenants, Conditions & Restrictions (called “CC&Rs”), Bylaws, and Rules & Regulations.      Read the article..................................

Navigating the Shadows: HOA Fraud and Community Safety (CA)

Homeowners Associations (HOAs) play a pivotal role in maintaining harmony and order in the fabric of community living. However, this structured environment is not immune to fraud and misconduct risks. HOA fraud casts a shadow over community trust and safety, raising concerns and demanding vigilance. This blog explores the intricacies

Navigating Financial Challenges: Structural Integrity Reserve Studies

Ensuring the structural integrity of buildings is a primary concern for community associations in Florida, where climate and weather events can pose a significant threat to buildings and their residents. Structural Integrity Reserve Studies (SIRS) address this by offering crucial insights into a building’s condition and future maintenance needs, safeguarding

Artificial Intelligence: Responsible Guidelines for Your HOA

Community association board members and managers should approach the use of artificial intelligence thoughtfully and responsibly. Consider the following:  Clearly define objectives. Outline your goals. Whether it’s building community, streamlining processes, or enhancing decision-making, understanding your objectives is essential.   Read the article..................................

Waging War on HOA Weeds

Why is it that the plants you want to keep green and living always brown and wilt, while the weeds you try to kill flourish and drive you nuts? It’s a problem that plagues every yard, in every community, no matter in what part of the country you live. While

Dos and Don’ts of Election Challenges in Community Associations (FL)

Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final

Realtors’ Settlement Will Lower the Cost of Selling a Co-op or Condo (NY)

The National Association of Realtors (NAR), a powerful organization that has set the guidelines for home sales for decades, has agreed to settle a series of lawsuits by paying $418 million in damages and by eliminating a bedrock of the industry: the 6% sales commission.   Read the article..................................

Community Association Considerations

More Stupid Legislation Proposed in Florida
Bill proposed by First Coast lawmaker would require Florida HOA's to invest in their communities HB 173 proposed by Florida House Representative Kimberly Daniels would require HOA's to use at
Why Fire Prevention Emphasis is More Important Than Most Boards Think
"CONDO FIRES ARE RARELY CONTAINED TO ONE UNIT" This site has tracked condominium fires for over 18 years now.  The initial reason we started the tracking is because a fire

Industry News

Jim Slaughter presented with the Don
Community Associations Network
Jim Slaughter, president of Law Firm Carolinas’ six offices, has been
Feesible Launches Special Assessment Insurance Protection
Community Associations Network
Feesible, an insurance provider focused on empowering homeowners in community associations,
Canyon Lake POA employee receives prestigious
Community Associations Network
Canyon Lake Property Owners Association (CLPOA) employee Harmony McNaughton received the

Legal & Legislative Articles

Update on the HB22-1137 Related Bills (CO)

The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article..................................

New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations

On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination

Farmers condo insurance case explores exclusion clauses (WA)

The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by

Business Judgment Rule: How to Protect Your Board (NY)

The recent case of Levy v. 103-25 68th Ave. Owners, Inc. offers some valuable insights for property managers and board members within cooperative housing communities.  In June 2018, the Levys commenced this action against the co-op

NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K

New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per

Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)

Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records.  This session, the House and Senate passed two condo and homeowners associations bills. They require Gov.

Op/Ed

The Unchecked Power of North Carolina HOA’s

For most of Chuck Williams’ 30 years in Wilmington, he lived in communities governed by homeowners associations. He, like most people who live under HOAs in North Carolina, never had a problem with them. He paid

Editorial | Rio del Mar walkway battle: ‘To the barricades’ (CA)

The Great Rio del Mar Walkway Standoff has made national news.  The battle pits 27 property owners against the power of the state Coastal Commission, a headline-churning conflict that either shows the defiant spirit of the

The delicate balance of HOA assessments

Hello, dear readers, and welcome to the Real Estate Whisperer, where I tackle the ins and outs of 92101 living with a pinch of humor and a dash of reality. Today’s hot topic? The ever-dreaded HOA

Editorial: SC is getting more HOA complaints than ever; it should act on them

Most anyone driving past the small garden planted in the front yard of Craig and Jamie Bussard’s James Island house at 1530 Ocean Neighbors Blvd. would think, “Is this really what all the fuss is all

Florida’s unscrupulous HOAs contribute to our high cost of housing (Op/Ed)

A year ago, the headline above a Miami Herald editorial posed a provocative question – “Is America’s worst homeowners’ association in Miami? – and then answered: “It’s starting to look that way.”  The editorial was a

Amend Hawaii Condominium Laws On Proxy Board Voting (Op/Ed)

In the current legislative session, House Bill 2067 was amended and proposes to “Remove [s] from the standard condominium proxy form the option of giving a proxy vote to the board of directors of a condominium

Canada Condo, Strata & HOA News

Condo Smarts: Do standard bylaws change? (BC)
Dear Tony: Is there a chance the Standard Bylaws of the Act will ever change? It would significantly reduce the number of agreements we would require for owners to be responsible for
Highlands Community Association considers next step after judicial review rules in favour of quarry (BC)
A judicial review in the BC Supreme Court has found nothing in the provincial Mines Act legislation that would help the Highlands District Community Associations (HDCA) in its fight against a rock
Condo Smarts: Investments for special levies and reserves (BC)
Q:  Our strata corporation has approved a special levy in payments for roofing of our eight- building complex. As a large development, this will be a significant amount. The first due date

Canada Condo, Strata & HOA Articles

Proving the Source of Smoke
In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed
Sharing Between Condominium Corporations (ON)
In the case of OCCC 574 v. OCCC 573, there was a retaining wall located (essentially between the two condominiums) partially on each property. About 60% of the retaining wall was on
Can owners use records requests to go on “fishing expeditions” (ON)
Owners are entitle to access records of the corporation. After all, these records “belong” to the owners and the affairs of the corporation are an “open book” to the unit owners. But

International Condo, Strata & HOA News

Thailand: Mass evacuation after fire erupts at high-rise Pattaya condo

A fire broke out on the 11th floor of the EDGE Central Pattaya Condo, a 31-story condominium on Second Road, on March 16, leading to a frantic evacuation of residents

Australia: What’s Your Strata Code Of Conduct?

In light of recent changes to NSW Strata legislation, it’s time to review your Strata Committee Code of Conduct.  Conduct such as bullying, intimidation or other abusive behaviours are never

Australia: What’s Your Strata Code Of Conduct?

In light of recent changes to NSW Strata legislation, it’s time to review your Strata Committee Code of Conduct.  Conduct such as bullying, intimidation or other abusive behaviours are never