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January 2, 2008     Vol. 5 Issue 1 
News 

MA: Second victim found dead in Southie condo inferno   A second person has died in a South Boston inferno as investigators probe whether the fast-moving blaze may have been set, the Herald has learned....

OR: Owners revolt over $17.7 million condo repair bill   A group of central Oregon condo owners says it narrowly voted out the Inn of the Seventh Mountain's board of directors Monday and promptly killed plans to charge the homeowners nearly $18 million to repair their units....

FL: Artist carries on 11 generations of tradition
The pair presented the idea to the HOA board, which recognized its significance and voted unanimously to accept it. "I'd actually seen it on the Freedom Train in 1976 and knew of its historical value," says Ryan. "Really, it belongs to America, and we will be...

CO: Homeowners mixed on association fees
It isn't unusual for HOA fees to increase with the beginning of a new year, said Heather Kerwin, vice president of a local community association management company that manages 40 properties along the Front Range....

UT: Homes sinking in West Jordan subdivision
The homes have been repaired by Richmond with expensive helical pier systems, but lingering foundation problems, crumbling concrete driveways and unfinished roads have infuriated residents and prompted the neighborhood homeowners association (HOA) to consider ...

FL: South Florida sellers slash prices by $1 billion
Desperate sellers have slashed asking prices by $1 billion in the past year, according to a report by brokerage Condo Vultures of Bal Harbour....

IL: First board faces big job, tight deadline
The Illinois Condominium Act says that the election of the first owner-controlled board shall take place no later than 60 days after the developer has closed on the sale of 75 percent of the units. Turnover has greater implications for a new association than s...

NJ: Condo owners file suit about overpricing
Alleging that Mountain Creek sold them overpriced condos on the strength of a surrounding village the company has no plans to build anytime soon, some owners of condominiums at Mountain Creek's Black Creek Sanctuary and the Appalachian have filed suit against...

Singapore: Ex-condo managing agent believed to have made off with $200,000    Police are looking for a former condominium managing agent, who is believed to be on the run with over S$200,000 worth in sinking funds from four condominiums....

KS: Neighborhood deals with an uncooperative neighbor   Homeowner association president Nick Roberts sent two letters to Clark, informing him of subdivision rules, asking him to sod his lawn or face punitive enforcement. In the River Meadows Declaration of Restrictive Covenants, the association has the power to tak...

AZ: Newcomers learn HOA ropes the hard way
Elaine and Al said they were pleased with the response from their board but the predicament left them wanting to know more about HOAs and their rights as homeowners. So, they signed up for a series of classes about HOAs offered through the Leadership Centre....

IL: Problem Solver helps a cancer patient avoid condo-association penalty  Because Fefer's chemo had run out the day before, she was desperate for the pills. She sent her friend to the custodian's apartment, located in the building. The custodian had finished working at 3 p.m., and according to the condo association's bylaws, he was ...

FL: Condo boards can prohibit exterior holiday decorations   Owners in at least two South Florida condos learned the hard way last week that while they may be the kings of their castles, their reign doesn't extend to the outside walls....

VI: Grande Bay Condo Owners Allege Mold, Structural Issues in Second Lawsuit
Owners at Bay Isle's 48-unit, luxury condominium development Grande Bay Resort have yet to move in, and they've already filed two lawsuits against the developer....

AR: POA employees bring holiday cheer to several local families  Christmas will be a little brighter this year for several Bella Vista families, thanks to the efforts of the Property Owners Association's Membership Services Department and those who gave donations....

TX: Williamson homeowners sue management company    Two homeowner associations in Williamson County have filed lawsuits in state District Court in Travis County against the management company, RealManage LLC. RealManage manages more than 325 community associations in Texas and six other states, according to its...

NY: Dog Trainer Helps Buyers, Pets Pass Condo Board Interviews   New York City's real estate brokers has taken the innovative step of referring dog-owning clients to a special animal training expert who helps make sure the pets (and their owners) pass co-op and condo board interviews to be allowed to reside in some of the n...

OH: Condominium tells resident to take down Nativity display   No one is objecting to its significance or appearance. But the Blendon Park Condominium Association recently served Petersen with a notice: Move the scene to the front porch or backyard, or dismantle it. Her front yard is considered the condominiums' common gr...

CO: What to know about snow removal in your HOA?   With the recent snowfall this December, many front-range homeowners, particularly those living in communities governed by homeowners associations (HOAs), are concerned about timely snow removal....

Canada: Huge condo bill taxes owners
Jennifer Shelley received an unpleasant surprise last month: a $28,000 bill towards repairs at her apartment complex. Shelley, who has owned her apartment at Penhorwood Place in the Lower Townsite for a year, said the bill came from the complex's condo board,...

SD: Water study causes concern for Shirt Tale Gulch residents   The recent discovery of radium in different water systems around the Black Hills has some people wondering if their water is safe to drink. Residents of Shirt Tail Gulch just outside of Deadwood had just those thoughts, but since have found that steps are bein...

AZ: Carriage Parc residents oust HOA president
Residents of Carriage Parc Estates in Gilbert voted Wednesday night to keep two members of their HOA board but ousted their president....

AR: JPs act on measure to help Village POA
Saline County Quorum Court has approved first readings of two ordinances that would make it possible for Hot Springs Village to enforce some of its Property Owners Association rules....

Hawaii residents face leasehold shake-up
During the next decade, leases at some 1,500 leasehold units are due to end, causing the potential transitioning of thousands of Hawaii residents....

CO: Mission Viejo launches history Web site
The Mission Viejo Homeowners' Association Inc. announces the establishment of the Mission Viejo Colorado history web site at: http://www.missionviejohoa.org/history.htm ....

 

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Articles 
FCC’s Exclusive Service Ban Will Void Existing Cable Agreements

Stephen MarcusCommunity associations will no longer be able to play favorites, at least when it comes to the selection of companies providing cable services.  In a decision that has infuriated cable companies and unsettled common interest ownership communities , the Federal Communications Commission (FCC) has decided to prohibit contracts giving large cable companies the exclusive right to provide services to multi-unit properties.  The order, published in November and approved unanimously by the five-member commission, applies to apartments, condominiums and cooperatives, as well as to “gated communities,” mobile home parks, garden apartments and “other centrally managed residential real estate developments.”   In addition to prohibiting future exclusivity agreements, the order also nullifies the exclusivity provisions in existing contracts — a controversial exercise of the commission’s authority  encouraged by the telecommunications companies (primarily Verizon and AT&T) that sought the change in FCC policy, but almost certain to be challenged by the cable operators.  Read more



How Is Assessment Collection Impacted by Federal Bankruptcy Law

Collection of homeowner assessments is a constant issue for community associations.  This problem becomes even more difficult when a homeowner files a bankruptcy. This article provides a cursory review of the ways in which a consumer bankruptcy can affect a community association’s efforts to collect delinquent assessments.    Read more

HOA Building Ordinance or Law Insurance  -

Richard ThompsonInsurance policies are written based on the concept of "indemnity" which means "protection or security against damage or loss." Fire insurance policies are not designed to put a policyholder in a better position than he was prior to a loss. Otherwise, having insurance might create an incentive to have a loss. To prevent a policyholder from unfair compensation whenever a covered loss occurs, most insurance contracts are written so that the insurance carrier's only responsibility is to return the building to the condition it was prior to the loss. This is true even if an older, out-of-code building is damaged. Building code updates are not covered under the standard fire insurance policy.   Read more

HOA Board Service Guide  - Serving on the board of a homeowner association is a high calling. Well-meaning volunteers are elected to roles that are critical to the well being of the community. But what exactly is a board member supposed to do to fulfill this charge? Here's a handy guide:   Read more

Eye on Ethics: A Historical Overview  -

There is a scene in My Fair Lady, the movie version, where Professor Higgins (Rex Harrison) tells his housekeeper to write to someone in America who has asked him to come and lecture. He advises them that he is unavailable, but that he knows of someone whom he considers “…the foremost moralist in England.” The poor chap is Alfred, a dustman and Eliza Doolittle’s father. The crusty fellow has displayed an unusual brand of cheekiness mingled with modesty in Higgins’ presence, launching a temporary speaking career as a result. When NBC-CAM contacted me about writing an ethics column for this publication, I felt much the same. What qualifies me? I haven’t a clue, but, as an inveterate writer who owes much to this industry, I accepted. This first column is rather philosophical in nature. It will focus on the elected bodies within our Associations.    Read more

Walking the Line Between Safety and Privacy -

When it comes to the things that people value most, personal safety and security rank right at the top of the list. That's especially true in a day and age filled with ongoing anxiety over everything from identity theft to car jackings to terrorist attacks. All that most people want is to feel safe and secure, especially in their own homes. How much security is too much security, though, in terms of privacy? Achieving that delicate balance between safety and privacy is the goal of every board and management team, and for the most part, say the experts, it's something that's being achieved quite well in buildings throughout the city  Read more

Court Battle Wages Over Lighthouse Condominiums

While there are many positives associated with condominium ownership, managing an investment of this scale can also bring unexpected headaches, risks and expenses. Such has been the experience of the homeowners at Lighthouse Condominiums in Gulf Shores. Currently ensnared in a complicated, multifaceted legal battle that involves developers, contractors, a title company and a bank, homeowners of the 252-unit tower are bracing for a long legal process since Attorney David Daniell announced that a trial is not expected until December 2008. “We’re moving through discovery and making depositions now,” he said.   Read more

How to Deal with a Homeowner's Association

Almost anyone who lives in a condominium or townhouse complex will come in contact with a homeowner's association whether to pay their monthly dues or voice their opinion about renovations to the common areas of the property. While each building's administrative set-up is different, it is important to know the basics about how to deal with homeowner's associations. Read on to learn more.  Read more


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Editor's Notes 
Happy 2008 everyone!  This is going to be another year of expansion and trying out new things for us.  We will be adding new features, as well as bringing you new information sources and programs throughout the coming months.  Hang on, I hope you'll enjoy the ride.

Joe

New Audio/Video

No new audio or video files this issue.
 

What's New in the Blogs
Condo fires - a quarterly look

Getting Relief in Small Claims Court

New Condo Purchasers should beware of Clause in Purchase Agreement

Cut-off Dates Set for Processing Public Trustee Foreclosures Under Current Law

Talk With CAM 019 Seller’s Suggestions

Enforcing Governing Documents

Pending Litigation Impacting NY Condominiums and Cooperatives

New Condo Association Finance Tips


Terms Of New Miami Beach Condo Class Action Settlement Harken Back To Happier Times For The Florida Condo Market

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