Multiple Chemical Sensitivity Creates Newest Trigger for Fair Housing Accommodation Requests

Multiple Chemical Sensitivity – MCS – though still a relatively new and often questioned medical diagnosis, is surfacing with increasing frequency in requests from apartment tenants and condominium owners seeking “accommodations” under fair housing laws. In broad terms, MCS describes acute sensitivity to a broad range of common substances, both man-made and natural – from paints, pesticides and cleansers to mold, fertilizers, and trees.  In practical terms, MCS brings medical discomfort or distress to its sufferers and headaches to the landlords and homeowner associations asked to accommodate them by making changes in their buildings, maintenance practices, or both.  As with any request for a fair housing accommodation, the base line question for MCS is whether it represents a “disability’” under state or federal fair housing laws.  The answer is unclear, largely because only a few courts have dealt directly with the question and their responses have varied.    Read more

Top Complaints of Board Members and Residents

Everyone loves a Top 10 list and the co-op and condo world is no different. Besides, if Letterman can do it, so can we. With that in mind, this month we’ve got the top ten things that drive board members crazy about their residents and the top ten things that make residents pull their hair and curl into the fetal position. More importantly, we’ve got suggestions on how to put all of those trifling items to rest and help board members and residents find a happy common ground. So let’s get right to the list making, shall we?   Read more

The Next Generation:  Locating New Managers Difficult, But Not Mission Impossible

A property manager’s day often begins at daybreak with a flood of messages and continues at a frenetic pace until evening board meetings. But no two days are alike; each day poses a new challenge. Managers must respond to email messages about dog poop, investigate missing mailboxes, prepare financial documents and negotiate contracts for trash removal while maintaining a cool and collected manner that instills confidence in residents and establishes credibility. For a pay rate that may be less than what they can find elsewhere, managers must have the energy of youth, the wisdom of experience, and the patience of Job. While many find the challenges of property management rewarding, the demands of the field contribute to a high turnover rate and a problem for the management firms that must hire the next generation of property managers. While finding new managers may seem at times like mission impossible, there is plenty of talent out there and it doesn’t take a secret agent to dig it up.  Read more

HOA Rule Tone & Texture

Homeowner associations (HOAs) are the fastest growing form of home ownership in America. In metropolitan markets, they can account for over 2/3rds of all new home construction. As more buyers choose this form of housing, condos and planned communities are becoming a dominant force to be reckoned with. HOAs are quasi-governments that collect mandatory fees to pay for services and enforce architectural standards and rules in the same way that any government can. Like other forms of government, if you choose to live there, opting out of fees and controls is not an option. When you buy into an HOA, you automatically agree to be subject to its authority.   Read more

Rules and Regulations: Serving a Purpose

Rules are one of those necessary evils of life. Our society could not function without them. Just think of the problems and chaos our civilization would endure without rules. Rules help maintain an orderly society, spell out what’s expected of us and grant us a sense of safety and security. From the time we are very young, we have rules that our parents set out for us. By the time we enter school, our teachers are adding more rules and as we grow and mature, society piles on rules from driving a car to filing income taxes to applying for a loan. There is no escaping rules. The majority of us realized a long time ago that we either follow the rules or pay the penalty if we don’t. What happens when the rules just don’t make sense, are outdated or worse yet, unenforceable? That is a dilemma many homeowners associations are confronting. I would venture to say that we’ve all come across rules that were so outdated that we were stunned. I’ve even come across rules that were in direct conflict with the governing documents and some that were even illegal.   Read more

How to Protect Your Community Association From Fraud

The movie Catch Me If You Can, describing the (seemingly) exciting life of former, professional fraudster, Frank Abagnale, increased public awareness about fraud, including identity theft and embezzlement.  While Hollywood often chooses to glamorize the unglamorous, the reality is that fraud hurts many people, and it is present even in our own industry.  Read more   (PDF)

Avoiding Fraud in Your Association

Fraud takes motivation and opportunity. If both are not present, fraud cannot occur. The board of directors cannot control the motivation; that comes from the fraudster. The association board can , however, control the opportunity. In the tight economic conditions that now exist with foreclosures, tight credit and job layoffs, every board needs to be diligent in watching and guarding association moneys. Most of the typical fraud types and characteristics discussed by the fraud experts do not apply to common interest developments since their revenue stream is very predictable and the volume of expenses is small. This is the main reason that the annual CPA review engagement is usually sufficient for associations and an audit is not necessary. The board on a monthly/quarterly basis can compare the revenues and expenses to budget and to the prior year and get a pretty good feel whether the financial reports are reasonably correct.   Read more

Law Lesson 4:  The Case of the Incomplete Condo

Promises made in the offering plan had been broken. The floors were not solid oak but "engineered wood," heaters didn't work properly, door knobs were missing and exhaust fans were causing vibrations. How did it happen? Blame it on the contractors of the posh new six-story condominium building at 88 Washington Place in Greenwich Village — and also, to a lesser extent, on the well-to-do but mostly first-time homeowners.   Read more

Bringing in a New Board:  Inheriting a Mess

In managing the affairs of a building or a community, all board members are far from equal in their abilities and skills. Some bring experience in construction or a background in law, finance, or other professions that can be helpful to the board. Some board members bring little insight or professionalism to the group, and are more concerned with personal vendettas, cronyism or other compromising pursuits. It’s an unfortunate fact of democracy that rule by the people means that sometimes the people ruling don’t do such a great job.   Read more

The Right Elevator Service Agreement Minimizes Downtime

Even though the tightening economy is forcing many facility executives to rein in costs, keeping elevators running properly is often a high priority. Doing so requires a comprehensive preventive maintenance program. “Elevators still are mechanical devices, and require ongoing, consistent maintenance to be safe,” says Jack Tornquist, vice president of the elevator consulting group with Lerch Bates. Moreover, an ongoing maintenance program often is required by code.  Read more

When HOAs are Bankrupt or in Foreclosure

Recently, more and more property owners are being forced into bankruptcy because of mounting debts and high mortgage payments. Also, property foreclosures are at an all-time high. And, it's not just individual owners who are taking the hit. Homeowners' associations (HOAs), and the real estate projects they're created for, like a condominium complex or subdivision, can fall into bankruptcy and foreclosure as well. If you're a member of an HOA, you need to know some of things that can happen when HOAs are bankrupt or in foreclosure.   Read more

Condo Trends: Florida Law May Set Trend on Past-Due Fees

Over the past two years in the foreclosure run-up, one of the points of contention in foreclosure contracts has been past-due condo owner association fees left unpaid by the defaulting borrower. Banks, bent on getting out of the property for as little money out of pocket as possible, have paid or not paid delinquent condo fees, depending on their bottom line.   Read more

CO: Arvada Woman Fights HOA To Save Tree   The Arbor Green Townhomes Association plans to cut down trees in 23 patio areas starting Wednesday, but Wendy Thoreaux is fighting to stop it....

CO: Tribute to son puts parents, HOA at odds
Sgt. Jason Lewton is still stationed in Iraq, but his parents' homeowners association wants them to remove the display - something Sue refuses to do until her son is home.... 

CT: City derelict on foreclosed medical condo fees  NEW HAVEN - Since foreclosing on a Chapel Street medical office in January 2004, the city has paid $100,000 in condo fees and still owes at least $80,000 on the vacant unit, according to city officials...

VA: Association salaries may be released
Last week, the Virginia House of Delegates proposed a change in the Property Owners Association Act (POAA) to remove the word "aggregate" in a key phrase, which would allow members of community associations to request salary information about individual employ...