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March 17, 2009     Vol. 6 Issue 5 
In the News Since the Last Issue

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UT: Who mows park strip in Clinton?
Some residents of a new subdivision are riled by the prospect of having to pay yearly home owners' association fees for a common area that's too small for any common use....

CO: Vail Law:Colorado condo owners need to speak "Kiowa"  The Colorado Common Interest Ownership Act (the acronym, CCIOA, is pronounced "Kiowa"), as one might suspect, pertains to common interest communities. But, what is a common interest community?...

CA: Attorney General's Office in fight against the San Lorenzo Village  When Mike Ratto's request to hold a special election to repeal the bylaws of the San Lorenzo Village Homes Association was dismissed by the association board last month, Ratto wrote to the state attorney general....

GA: Would-be condo renters feel boxed in
Blame the recession. Atlanta has a glut of condos and few are selling, so owners want to rent them but cannot because of limits designed to protect condo values....

FL: Condo Owners Facing Huge Fees
Bishop's Court is the kind of condo that seems to have it all. A good neighborhood, beautiful grounds, but association president Ernie Fordham says residents here, like so many other condominiums, are carrying a huge burden....

TX: HOA sends foreclosure notices to dozens in neighborhood  A total of 84 people in the Mission Creek subdivision received the foreclosure notices in the mail....

FL: Lakeside Condo Complex Targeted By Thieves   Burglars and robbers are on a crime spree near the Altamonte Mall. At least six homes in the Lakewood Park condo community (see map) have been burglarized in just the past few days. One person was even robbed there while out walking his dog....

FL: County administrator resigns following gun accusations  Citrus County's administrator has resigned following accusations he brought a holstered gun to a homeowner's association meeting....

FL: Gator Statue Leads to Fight with Homeowners' Association  A neighborhood that made family remove "Welcome Home" banner now wants a Gator statue removed....

CA: Sand Canyon HOA honors SCV firefighters
The Sand Canyon Homeowners Association recently paid tribute to members of the Los Angeles County Fire Department during the association's annual meeting held at the Robinson Ranch Clubhouse in Sand Canyon...

FL: South Florida cities act to prevent blight in foreclosed homes  Once the lights and water were cut off at Cedars Pointe, a failed condo conversion in Miami's working-class Allapattah neighborhood, city officials had no choice: The building was deemed unsafe, and everyone in the 51 units was ordered out....

AZ: HOA fights back after Avondale builder files for bankruptcy  Deon Williford said he bought his Avondale home in the Roosevelt Park neighborhood during the summer of 2008, shortly after the developer, Randall Martin filed for bankruptcy....

FL: Association, Resident Reach Deal
Betmar Acres will pay close to $11,000 to settle a lawsuit it brought against one of its own homeowners....

TX: Gun enthusiast not a fan of new ordinance
Members of the Remuda Ranch Estates Homeowners Association won a victory last Friday when they convinced the Parker County Commissioner's Court to approve an ordinance restricting gunfire in subdivisions with plots 10 acres or smaller....

NV: Judge Lane throws out Comstock HOA lawsuit
Fifth District Judge Robert Lane late last week granted a defense motion to dismiss a lawsuit filed by the Comstock Park Homeowners Association against a handful of board opponents....

MD: Lenders tighten rules for financing condos
A maze of new rules and requirements affecting how mortgages are granted for condominium purchases will not only make the process more involved, but could require condominium associations to take a look at how they operate....

MI: River House developer sues buyers who allegedly failed to fulfill purchase  Nearly two dozen would-be River House at Bridgewater Place condominium buyers are being sued by the downtown skyscraper's developer....

AZ: Ham radio operators push for towers in HOAs
Randy Malick knew when he moved into the Rancho Vistoso subdivision in Oro Valley, north of Tucson, seven years ago that the homeowner rules did not allow amateur radio towers....

OH: Painesville receives money to raze Gristmill, Millstone condominium complexes  The Gristmill and Millstone condominium complexes have stood as a reminder of the millennial flood that forced thousands from their homes and caused millions of dollars in damage....

NJ: For condo owners, annual meeting is key
One of the most important nights of the year for a condominium association is the annual meeting of unit owners and election of trustees. Although the election often is highly anticipated, the meeting also is an ideal time for you to learn more about your comm...

TX: Texas amendment would prohibit HOA foreclosures  Homeowners associations in Texas would lose their power to foreclose on individual homeowners for nonpayment of dues and other fees under a proposed constitutional amendment filed Friday by a Dallas-area lawmaker....

NV: Coyote Willows Resident Defends PUD
While the battle continues between a large contingent of disgruntled homeowners and the city government they claim has failed to protect them, things aren't all bad at the beleaguered Coyote Willows development....

GA: Man tells HOA he won't take down flagpole
A Cherokee County resident is refusing to quit flying the American flag atop a 14-foot pole, even though his homeowners association is taking him to court and threatening him with $25-a-day fines....

NJ: Disabled Fire Sprinklers Outrage NJ Community  Residents of an upscale complex of waterfront homes in Jersey City say their real estate developer is playing with fire....

MD: Shabbat Elevator Fight Likely Headed To Court  There are certain things about the situation that everyone involved agrees on. It has gotten heated. It has taken on unpleasant racial and anti-Semitic overtones. There is talk of lawsuits. It is not going to be resolved quickly or easily....

FL: Cities can require condo associations to hire security guards  Florida Attorney General Bill McCollum ruled last month that cities in this state have the authority to force condo associations and apartment complexes to hire security guards....

FL: S. Fla. Elderly Couple Outraged Over Broken Condo Elevator  An elderly couple living in the Southbrook Condominiums in Hollywood said they're being held hostage in their third story home because a broken elevator has gone two months without fixing....

AZ: Scottsdale's new mediation program targets barking dogs  The Scottsdale Citizen and Neighborhood Resources department will enlist volunteers to become mediators, hoping the mediators can resolve neighbor-to-neighbor disputes...

Settlement reportedly reached in Beauvallon homeowner suit against developer  Parties in a negligence lawsuit related to the Beauvallon condo tower have reached a settlement agreement, according to one side....

IL: Appellate court fight brews against alpacas
John McGarel, owner of 23 alpacas in the Homeward Glen subdivision, won a battle to disconnect from Campton Hills and keep his animals, but another legal fight is looming in the appellate court....

AR: Associations Not Immune From Problems
Property owners associations are suppose to protect subdivisions from neighbors who host permanent parties or hold never-ending yard sales...

FL: Buckley Towers residents sue QBE for bad faith  A new round of lawsuits against one of Florida's largest condo insurers accuses the company of "bad faith" in dealing with hurricane claims....

CA: Bill would let agencies trump homeowners association rules  Two of California's most powerful forces ---- water agencies and the property rights of homeowners' associations ---- may be on a collision course....

NJ: Fire Fears at Droyer's Point  With their in-home sprinklers off for the past six months, they say there's nothing stopping their homes from going up in smoke if a fire breaks out in the development....

CT: South End condo owners sue developer
A developer who has renovated several old industrial and commercial properties into new housing is being sued for allegedly shoddy work...

FL: New pool safety laws could cost local communities  Condo complexes, hotels and community associations scrambling to comply with new federal pool regulations that took effect last December could find themselves paying for new drain covers twice if they don't do their homework....

NY: "Greenest" condo high-rise recycles wastewater   Wastewater reuse is becoming more common in drought-stressed areas, but a New York City high-rise condominium tower was recently built with a wastewater recycling system that can produce up to 25,000 gallons of water per day for toilet flushing and air-conditi...

VA: Community associations in Virginia are experiencing a collections blip  As the recession widens and more people lose their jobs, some condo and homeowner associations are having trouble collecting fees to pay for upkeep of walking trails, pools and landscaping....

TX: A local homeowner's solar dispute
Some local homeowners using solar power are running into obstacles in their own neighborhood. A Sunset Valley resident is facing issues in his neighborhood as some of his neighbors are speaking out against his solar powered home....

NC: Golf cart becomes center of controversy
During her idyllic start at Hidden Pointe, not far from Gordon Road, Farkas never imagined several years later she'd be embroiled in a dispute with the neighborhood's homeowner's association over, of all things, a golf cart....

TX: Condo owners suing SMU seek depositions from George and Laura Bush  Former President George W. Bush is fending off efforts to pull him into a long-running legal battle that raises questions about whether SMU owns all the land where the Bush presidential library is set to be built....

AZ: Contracts split risks for vendors, HOAs
Almost all homeowners associations enter into contracts with vendors. In doing so, the association opens itself up to potential liability for the vendor's acts unless a properly drafted indemnification clause is included in the contract between the association...

VA. Beach in court over Cape Henry beach access
In documents filed in Circuit Court against six condominium associations and landowners, the city claims that the public has a right to use the beach for recreation. The city also wants access to the land for beach nourishment projects....

CO: Condo owner finds out he's been living and renovating in the wrong unit  He bought his first home, poured $30,000.00 into it to fix up, now 6 months later Jonathon Kyte has learned his home doesn't belong to him....

TX: Austin homeowner denied solar panels
Sunset Valley homeowners Terry and Cheryl Poulos have embraced green technology. Or at least, they're trying to....

AZ: Lawsuit says Casa Grande HOA run like a racket - community suffers  She followed up her disappointment and frustration with a lawsuit, joined by some 50 Desert Carmel homeowners. The 27-page complaint accuses the board members of racketeering, along with a breach of contract. The homeowners filed an amended complaint with Pina...

 

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Articles About Community Associations and the Economy 

Hard Times Require Association Boards to Make Tough Choices

You probably don’t need me to tell you that these are difficult times.  And community associations are not immune from the financial storms that are rattling the windows of consumers, businesses and government offices from one end of the economy to the other.

Managing association finances -- never an easy task in the best of times – becomes even more challenging and possibly overwhelming as homeowners, struggling with financial problems of their own, fall behind on their common area fees and, in increasing numbers, lose their homes to foreclosure.

Association boards responsible for governing their communities must find ways to keep budgets balanced, maintain essential services and protect property values, even as the normal revenue stream from common area fees is disrupted.  When budgets are already tight, even a small decline in anticipated revues can have a large impact.

The financial pressures boards are confronting may be more severe than most board members have seen in their tenures, and possibly in their lifetimes.  But the strategies for dealing with them are no different than the strategies used by any household facing hard times:  Find ways to reduce expenditures, increase revenues, or both.  Read entire article

Money, Money, Money (or the lack thereof)

2009 promises to be a year that will likely be remembered in the history books for its many trials and tribulations. The financial markets remain in turmoil and the impact of job-losses has made itself felt, even in areas which had been relatively insulated from the worst impact of the financial crisis to date. During these times, board members and residents alike have a renewed focus on ensuring sound fiscal management of their communities. In plain language – everyone is looking for ways to save money.  Our goal has always been to assist associations and board members in controlling assessment increases while still ensuring that the standard of the community is maintained and long-range planning and provisions are realistic and adequate. During recessionary times this focus becomes sharper. Here are some Cost Saving Tips here that may benefit your association:   Read entire article

Use Reserves to Stay Fiscally Fit

As we all try to navigate through the national economic crisis, community associations are not only structured to stay fiscally strong but also are in a position to help lead our country out of this troubled time. In most sectors of our economy, individuals or organizations must either dip into their own pockets or borrow money from banks to install or repair roofs, air conditioning systems, roads and parking lots. However, community associations are in a unique position, having planned for this work through years of ongoing investments into their reserve funds for these expenditures.   Read entire article

Is An Impound Fund the Solution to Your Association’s Delinquency Problems?

Recently an association inquired whether it would be a good idea to require an impound fund for all new owners in an effort to curb the community's delinquency problems.  The idea behind the proposed impound fund, also called a reserve or escrow account, is that each new owner would be required to put an additional sum of money on deposit with the association to secure the payment of assessments.  In the event of delinquency or failure to pay, the association would have the discretion to access the impound fund to pay the owner's assessment(s).  Then, presumably, when the fund becomes depleted, the association would demand replenishment of the fund.   Read entire article


Guerrilla Guide Tactics for All Meetings

In my over thirty years of experience in meetings (both meetings using parliamentary procedure and not using parliamentary procedure, such as meetings in businesses) I have learned many tactics that can make the meeting more effective and efficient! Many of these tactics are explained in greater detail in my book The Guerrilla Guide to Robert’s Rule.  This article is a summary of the tactics that can be useful in all of the meetings you attend.  This is the first part of a multi-part article. 

Read Part 1       Read Part 2       Read Part 3


Julie AdamenProviding Excellent, Basic Core Services and why it's important NOW more than ever

No, it's not right to call us property managers any more, we're community managers and should be known as such. Today's managers - those who started in the past 10 years or so, only know themselves as community managers, but I often wonder if they know why we stopped calling ourselves property managers? Originally, it was because we were often confused with real property managers (residential apartment managers) or maintenance managers. So, as a way to differentiate ourselves, we came to call ourselves "community managers." For awhile we floated along doing what we always did, our core competencies. But somewhere along the way, some of us in the industry who tended towards grandiosity, job security or sheer boredom began to over-think the role of the (now) community manager, and place the role of community builder, social engineer and general psychiatric counsel on top of the role of community (property) manager.  Read more


Welcome Packets – Benefits vs. Cost

 With today’s era of computer technology and “Going Green” many boards question if the benefits of sending out a Welcome Packet outweigh the cost. There are several reasons that negate sending out welcome packets:

  1. Cost to the association for copies, envelopes, labels and postage
  2. Possibility of outdated information going out
  3. Too time consuming to do every month
  4. Additional trees killed to produce paper produces
  5. More waste products for the landfills

 Read entire article


Rich ThompsonHOA Renter Rights

One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its members. This disconnect creates some practical problems for the board or manager in communicating with tenants since there is always a middle person to deal with. So how does this all play out?   Read entire article


Getting the Most Out of Your Vendors

There are four critical steps to consider before you request bids from vendors. 1. Set your Internal Goals 2. Decide on “Best of Breed” vendors versus a generic vendor 3. Review Proposals and Contracts 4. Work with your vendor Set your Internal Goals The first step is to learn what homeowner expectations are, because expectations of a vendor/CIC relationship will be the hardest to change. Education is key.   Read entire article


Common Areas and "Incidental Use": When Boards Go Overboard  

May condominium unit-owners stop their board from permitting a cell tower to be installed on the roof of their building? The answer was yes in a recent decision in White Plains, N.Y., where the court found that a condo's bylaws did not permit the board to enter into a cell tower lease because the tower was not "incidental" to the residential use and occupancy of the building, as required by the bylaws. It's an instructive study in how the concept of "incidental use" helps balance issues between unit-owners and the board. Read entire article


Green Landscaping Best Practices

Today’s grounds care managers have more opportunities than ever to save energy, decrease water use and maximize resources, while creating eco-friendly and aesthetically pleasing environments. But achieving these goals will require managers to look at both the products and practices their grounds care department use. Achieving healthy soil and following green landscaping practices often means reducing the amount of chemical applications.          Read entire article


Flood Insurance 

Because of frequent flooding of the Mississippi River during the 1960s and the rising cost of taxpayer funded disaster relief for flood victims, in 1968 Congress created the National Flood Insurance Program (NFIP). It has three mandates: to provide residential and commercial insurance coverage for flood damage, to improve floodplain management and to develop maps of flood hazard zones.  While the comprehensive section of an auto insurance policy covers flood damage to vehicles, there is no coverage for flooding in standard homeowners, renters or commercial property insurance policies. It is available in a separate policy from the NFIP and from a few private insurers. Despite efforts to publicize this, many people exposed to the risk of floods still fail to purchase flood insurance.  It was the widespread flooding associated with Hurricane Katrina in 2005 that drew attention to the NFIP and set in motion debate about how to improve it. Funding was due to expire in September 2008 but because lawmakers in the House and the Senate have not been able to agree on proposals for change, the expiration date has been extended until September 2009, without any modifications.
Read entire article
 


Good Question - Bypassing the Professionals

Q – In this stressful financial climate, my association Board is trying to cut expenses wherever they can. In doing so, they are “cutting out the middle man” and turning to me, their association manager, for advice regarding matters that would otherwise have been solicited from their attorney, engineer, or other professional. While I am flattered that they consider me knowledgeable enough to advise them, I am growing increasingly uncomfortable about providing information that is more appropriately given by others. Help!    Read entire article


More News Stories

FL: Homeowner debt could cost more than cash
Homeowner and condominium associations are employing tougher tactics to get owners to pay their dues and assessments. Some are winning personal money judgments and going after owners' assets....

MN: Condo residents put on a play -- way off Broadway  Things are a little different over at the Brookside Court Condominiums in Edina, Minnesota. Residents here not only say "Hi" to each other in the hallway, they also get together to perform off-Broadway plays....

FL: Neighborhoods hire cops to deter crime
Cities in Central Florida are taking action against crime, as neighborhoods are hiring off-duty officers to patrol their communities. Every night inside the Sanctuary Subdivision in Oviedo, you will see an officer in a marked car, cruising the streets....

AZ: "I'll see you in court:' Homeowners lose venue for fighting HOAs  Last October, Maricopa County Superior Court Judge Margaret Downie had already struck down the law allowing HOA cases to go before an administrative law judge. It was a narrow ruling, affecting only the case before her. On Jan. 29, however, Superior Court Judg...

TN: Gated-community residents snarl over pit bulls  Behind the fences of a gated, golf course community in Brentwood there's a play for power that has homeowners growling....

NJ: Battle over Laurel Lake dam upkeep still rages  A community rift continues in Laurel Lake over demands that all residents help pay for upkeep of dams despite a recent court decision upholding the "fair share" fees....

FL: Get green lawns, or get sued
the Beacon Woods Civic Association sent warning letters to 168 homeowners warning them they are in violation of a deed restriction requiring a green lawn....

FL: Foreclosure moratorium has unintended consequences  We see headlines about the largess of financial institutions putting a moratorium on foreclosures of the first mortgage....

FL: Florida's delinquent condo owners force neighbors to pay more  When a condo owner stops paying fees, the law requires the rest of the association to make up the difference to keep the association solvent....

FL: Hurricane damage lingers, causes H.O.A fight
If you've lived in Florida long enough, you'll remember the images of tarp covered roofs, one after another, following hurricanes Frances, Jeanne and Wilma....

MD: Local Couple Fights to Keep Siding
A Columbia couple is fighting to keep the siding on their house. Jim Rose and his wife have lived in their home for more than 30 years. In the early 90's, they spent $12,000 to replace the siding. Rose says, "The old siding was deteriorating and we felt we had...

CO: Suing an HOA can be tricky
If you are like most Summit County property owners, you belong to a homeowner association (HOA), which exists to enforce a recorded declaration of restrictive covenants. HOAs play an important role in maintaining community standards, but what happens when an o...

LA: Bluffs homeowners group says it's sound
The Bluffs Property Owners Association issued a statement today saying the closure of the country club will not affect overnight security, maintenance of sewer systems, roads and common areas of various utilities....

FL: Driftwood homeowners put title insurance on notice  In a dispute that goes back to the 1980s, the Greater Driftwood Estates Homeowners Association fired a new volley at both state and county officials this week....

Florida county considering declaring itself disaster area  Just five years ago, Port St. Lucie was America's fastest-growing large city. Then the foreclosure crisis slammed it like a hurricane....

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New Audio/Video

TX: City Warns of Suspicious HOA Letters (video)  The city of Dallas is now investigating a homeowner's association that allegedly sent residents letters warnings them the city would foreclose on their homes if they didn't pay their HOA dues....

TX: Proposed Law Would Regulate HOAs (video)
In Texas homeowner associations have the power to foreclose on a home in order to collect unpaid dues. Representative Burt Solomons is proposing legislation that would allow voters to decide whether or not HOA's should have that legal power....

 Talk With CAM 071: Second Part of CAI Conference Talk With CAM 71, March 15, 2009 The 2nd part of the discussion on insurance. SHOW NOTES This podcast as recorded at the CAI Conference in Ft. Myers, Florida on February 20, 2009 at 1 PM I was part of ...


What's New in the Blogs

California Condo & HOA Law

TURNOVER OF RECORDS AND MANAGEMENT
Questions about management turnover come up all the time. HOA boards get frustrated with HOA or condo management in various ways.

Sometimes the board of the ...

For Every Problem, There is a Solution
What do you do when you discover a problem in an HOA or Condo Association? It could a conflict in the documents or an inconsistency in HOA or Condo Association...

Florida Condo & HOA Law

Pets Just May be the Right Medicine
Condominiums and other common interest housing communities have a long history with trying to enforce their use restrictions. These battles often sti...

COBRA Changes Impact Florida Community Associations
Economic Stimulus Package Changes COBRA and mini-COBRA Procedures and Rules.
On February 17th, 2009, President Obama signed a $787 billion economic st...

Condo Court

The Case of the Recalled Director
Facts of the Case. An Association’s Bylaws provided that a director could be removed from office by a super majority vote of the members represe...

The Case of the View Obstructing Palm Trees
Facts Of The Case. Certain homes within the Marquesa at Monarch Beach Homeowners Association had beautiful ocean and/or golf course views for which ...

Virginia Condominium & Homeowners Association Lawyer

Required Notice for Meetings
QUESTION:  I live in a condo association where the Board regularly has meetings, but does not regularly give notice of those meetings to any of the unit owners.  On...

South Carolina Community Association Law

Plaintiff Liable for Defendant's Attorney's Fees upon Covenant Interpretation

Drafting Covenants

Hyatt & Stubblefield

Florida court issues poor ILSFDA decision

Publication of New Article: Practical Issues in Planning for Age-Restricted Housing under the Housing for Older Persons Act (HOPA)

Condo Issues

Is Reserve Funding Mandatory?
Can an Association Legally Defer Funding Reserves Necessary for Repairs and Renovations? There is a continuing debate in community association

Peters & Freedman

Harassment of Managers - There are Limits!
On March 5, 2009, on behalf of a homeowners association (who requested not to be named in this article), the Law Firm of Peters & Freedman, L.L.P., took a homeo...

Revised “Notice-Assessments and Foreclosure”
Existing Civil Code Section 1365.1 requires homeowners associations to distribute a form notice in at least 12 point type entitled “Notice-Assessments and For...

Florida Condo Law/Litigation

Some Notes On This Blog, Twitter, And An Upcoming Talk On Condo Law
Readers who regularly follow this blog may have noticed a few recent design updates.  Hopefully, they are improvements.  I have also added a page which describes a bit of the history behind the blog...

South Carolina Community Association Law

Plaintiff Liable for Defendant's Attorney's Fees upon Covenant Interpretation

Drafting Covenants

California Condominium Law

50 Small Claims Actions
QUESTION: Our homeowners association has a few owners who are constantly suing the HOA. Even though we end up winning, it costs our association many...

Wife’s Free Speech Rights
QUESTION: My husband is a board member. I want to do a mailing and posting on a website expressing my concerns about board and property management ...

Condo Law (FL)

Association Financial Problems: Pursuing Unresolved Casualty Claims May Be The Solution

Fannie Mae Makes Life Tougher for Florida's Condo Owners

Northwest Condo & HOA Law

HR1106 Passed by House         On March 5, 2009, HR 1106: "Helping Families Save Their Homes Act of 2009" was approved (234 to 191) by the U.S. House of Representatives and is ...

Easing Board Transition
This month the Washington Community Associations Journal includes an article I wrote entitled "Changing of the Guard--A Survival Guide for Ne...

Toronto Condominium Law

Another perspective on noise and nuisance
One of the most common issues arising from people living in close quarters is th...

Harmonized sales tax on the horizon -- start budgeting
Imagine waking up one morning to find that all of the goods and services you nee...

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