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March 31, 2009     Vol. 6 Issue 6 
In the News Since the Last Issue

Check your state or region News Feed for more stories

NV: Condo owner faces rental nightmare
The codes, covenants and restrictions, or CCRs, stipulate that anyone who bought at Mar-A-Lago in 2006 or later isn't allowed to rent. Jourdan has to evict his renters and is now forced to pay $1,500 a month for empty space or sell it as a short sale....

MO: St. Charles Co. woman drowns at condo lake in Weldon Spring  A 47-year-old St. Charles County woman apparently drowned after falling into a small lake Sunday in a condominium complex in Weldon Spring, police said....

LA: Contractor says he is owed millions for work on Perkins Rowe  A contractor who helped with construction of "Perkins Rowe" the upscale condo, shopping, and dining attraction in south Baton Rouge - says he is still owed millions of dollars for his work....

Florida bill tacks on more regulation of community associations  Early signs show that lawmakers could pass even more sweeping community association laws compared to those passed last year which focused on condominium laws....

SC: State HOA bill faces opposition
State lawmakers held hearings last week for S. 30, the bill that would increase transparency among home- owner associations and make the state Department of Consumer Affairs the mediator between residents and their HOA boards....

NV: New law will keep swimmers high, dry
The law went into effect in December. But scores of homeowner associations across the Las Vegas Valley have yet to do the work and are telling their members not to count on enjoying their pools this summer....

NY: Lawsuit over wheelchair ramp at Montrose condo nearing end  A legal complaint that a condominium complex in Cortlandt prohibited an elderly and frail resident from installing a wheelchair ramp in front of her residence is likely to be settled in coming days....

FL: Condo owner wins noise suit against neighbors   A Swedish couple who installed laminate floors without a condo association's prior written approval must top it with foam and carpeting to restore peace and quiet for a 79-year-old East Naples woman...

FL: Several bills could affect condo associations
Each year, the Florida Legislature convenes in early March for a 60 day session. It has become an annual ritual to seek to change Florida's statutes applicable to condominiums, cooperatives, and homeowners' associations....

MA: How to lower heating bill in condo?
Q: We live in a senior condo complex, and pay our own utility bills. We're not able to put a lot of money into fixing up the place, but we've got to do something about our high heating bills. Can you suggest some cheap, easy things to help us lower these huge ...

MI: Unpaid association fees pit neighbor against neighbor   The wear marks of Michigan's poor economy are appearing in some of metro Detroit's tidiest neighborhoods, where annual condo and homeowner association fees have traditionally kept things looking good....

FL: Senior citizens win another round in fight to save mobile home park  After more than a decade in court, 484 senior citizens living in Naples Estates won the second round in their battle to own the East Naples mobile home park....

CA: Stay safe; gates won't deter determined thief
Community living is intended to be neighborly living. This means living in a way where we all take care of one another. This doesn't mean we lose our privacy, but it does mean we are aware of our neighbors...

SC: Proposals would change HOA rules along Grand Strand  Homeowners associations on the Grand Strand could face more rules if any of five bills proposed to regulate the groups pass in the statehouse this year....

'Fess up with real estate disclosure--the truth and nothing but the truth  Did you reveal every shred of history about your home or condo when you sold it? Real estate disclosure laws have progressively become more far-reaching all over the U.S. Last month, however, a California court made an important disclosure ruling....

FL: Condo owners face fees
Several condominium and apartment complexes on St. Augustine Beach and Crescent Beach are now facing significant costs to implement fire alarm systems that have been required by the state for decades....

AZ: Beware cashing check marked 'payment in full'  In some circumstances, without contacting the association, owners simply will remit a payment for a past-due balance with the words "payment in full" written on the check as their own way of offering a settlement to resolve the account balance....

WI: Condo association bylaws may restrict property rights, Wisconsin Supreme Ct
A right to rent or otherwise use a condominium unit may be curtailed by association bylaws without affecting the marketability of title, the Wisconsin Supreme Court held March 27 in Apple Valley Gardens Assn, Inc. v. MacHutta, 2009 WI 28....

OR: Condo owners expect board members to act like managers  Q: I have an unusual workplace question because it combines volunteer jobs with paid jobs. I am on a volunteer board of directors for a condominium association's large complex....

CO: Homeowners group settles years-long lawsuit
A Steamboat Springs homeowners group has settled a years-long lawsuit related to concrete problems....

FL: Broward County cuts off water to townhouse community  A Broward County official said after 21/2 months of unpaid bills and with $8,100 owed, the shut-off after 24 hours' notice was proper....

Smart Condo aims to help physically disabled gain independence  Professors and students at the University of Alberta have created a prototype of an apartment that, if successful, might lead to a leap in unobtrusive home surveillance technology for the elderly and disabled....

NC: Condo Consumers Cry Foul
This week, Guilford County Commissioner Mike Winstead responded to allegations that he and his business partners were guilty of misleading condominium buyers about the costs that would be required for the homeowners' association to keep up the property....

Florida condo accounts manager stole nearly $100K  As condominium associations around the country struggle to pay monthly fees, authorities say a southwest Florida woman had no problem pocketing nearly $100,000 from her association...

TX: A Baton Rouge Soap Opera (Starring Sheriff's Deputies) Comes Here  A Baton Rouge family recently escaped here to get away from the local cops, whom they claim maliciously prosecuted them repeatedly after the family tried to expose corruption at a homeowners association involving payouts to a deputy....

FL: HOA backs off brown
Three weeks after telling hundreds of residents in Beacon Woods that their brown lawns would result in legal action the homeowners' association has backed down....

NV: Local Officials Have Tough Time Enforcing New Pool Safety Law  Most pools in apartments and HOA's are essentially working on the honors system at this point. They aren't supposed to open without the proper grates, but they don't need the health district's inspection to do so. If the district shows up and the only problem ...

IL: Family Files Suit Over Drowning Death Of Son
The family of a boy who drowned in a pool at a south suburban condominium after he and some other kids jumped a fence to swim has sued the condo's property management company and owner, alleging major safety violations at the site...

NV: Residents of bankrupt Lake Las Vegas face uncertainty  While owners, attorneys, judges and creditors debate the future of the bankrupt Lake Las Vegas resort, a handful of residents are banding together to take a proactive role in the process....

FL: Proposed Florida bill would create a condo police force  Soon Florida could have condominium cops who would bust those who defraud community associations...

MN: Finally, Jonathan can enjoy a mundane meeting   The Jonathan Association held its annual homeowners' meeting last month in Chaska and, for the first time in years, it was peaceful....

AZ: Summit to focus on HOA challenges
From high foreclosure rates to homeowners not being able to afford monthly dues, the recession has created all kinds of challenges for homeowners associations and their residents....

MD: Bills seek to expand HOA transparency
Area civic associations have come out in support of two state Senate bills that would make it more difficult for condominium and homeowners' association boards to hold closed-door meetings....

FL: Homeowners association fees on the rise
Already struggling to pay mortgages, they also have to pick up the slack in association fees. The boards of many homeowners and condo associations are increasing membership fees, in order to make up for dollars lost by homeowners delinquent in paying their due...

TX: Ex-Condo Owners Reject $2M Offer From SMU
Two former condominium owners have rejected a $2 million offer from Southern Methodist University to settle their lawsuit claiming the university forced condo residents to sell their homes so the university could buy the land for the George W. Bush Presidentia...

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....

See all of the latest national, legal, regional and state news

2008 Advertising Policies and Rate Sheet
Word Doc      PDF
New Articles Found on the Web

The Rain Garden: A CIC’s Contribution to Cleaner Water

Many folks are not aware that the rain that runs to our storm sewers does not go to the municipal plant for treatment. It used to, but as growing communities increased pressure on treatment plants, cities nationwide disconnected storm sewers and routed them directly to the nearest lake or stream. In Minnesota, pride in our natural resources is strong, and residents are willing and eager to do their part to protect water quality. Rain gardens are a fabulous way for CICs to protect water quality. It is a garden or landscaped area with a very slight depression (usually 6-8 inches). A raingarden is designed to capture stormwater from rooftops, driveways and even streets, allowing it to soak into the ground along the deep root channels of beautiful plants (some native and some conventional).  Read more


The latest edition of the APRA Advisor is now available.  Articles include "Reserve Ability.  The reasons why no HOA should be without a reserve study", and "Refining Design.  The advantages of a well crafted Architectural Design Policy".  (PDF format)


Your Association is Broke - What Bills do you Pay When the Cash Runs Out?

We're in troubled times. The American economy hasn't seen anything like this since 1929 and we won't likely be out of it for several years. Homeowners associations, like the rest of the country, have entered a period of uncertainty, but more to the point, they have entered a period when the cash pool is drying up. Foreclosures, layoffs, bankrupt developers, and owners conserving cash by not paying assessments - it doesn't matter which, the end result is fewer assessments being paid and way less cash in the association's coffers.  Read more


Running a Water-tight Ship

Residential buildings are constantly under attack—not by barbarians or marauding bandits, but by a force far more subtle and insidious. The most tenacious enemy of a residential building is not fire or structural collapse—though a building obviously should be protected from such catastrophes. It’s water. Left unchecked, simple moisture can quietly infiltrate your building envelope and wreak havoc throughout.   Read more


Rich ThompsonProfessional Management Perks

All too often a homeowner association board of directors approaches problems as would a renter looking after the apartment building...reacting by crisis rather than by a long range plan. Guess what? Many HOAs are in constant turmoil because of this approach. A professional HOA manager can smooth out the bumps in this rocky road by building a sound foundation of planning, record keeping and policy making. Here a some of the major benefits:     Read more


Are people really your most important asset?

Many companies proclaim that their employees are their greatest asset. Unfortunately, the phrase has become somewhat cliché, similar to saying employees are "empowered." These are valid statements only if companies put actions behind their claims. In other words, if you say your employees are your greatest asset, do you treat them as if they are the most valuable part of your company? Do they receive the best of care? If you're serious about creating a workforce that's engaged and productive, you must devote time and attention to creating environments in which the people on your teams can flourish. And when they flourish, you must take measures to ensure they are protected and well cared for, because that's what people do with their most celebrated and valuable assets. Think about it:   Read more


Understanding Collection Of Assessments During The Recession

Community associations have never faced the current amount of delinquent assessments and mortgage foreclosures. Unlike the federal government, an association cannot print more money. Yet, the annual budget is still calculated based on 100% participation. This makes it more critical than ever for the Board to stay on top of collections. If the association does not act swiftly to collect delinquent assessments, it is the innocent owners who will suffer. Lax collection practices can cause the financial stability of an association to spiral out of control. Large delinquency rates often result in assessment increases and/or the levy of special assessments. Unfortunately, the alternative to raising assessments is usually a quickly disintegrating community    Read more


Mediation and Arbitration Best Practices

Alternative Dispute Resolution (ADR) is the use of alternative methods to resolve disputes that are typically resolved by litigation in either the state or federal court systems.  The two most popular ADR methods are mediation and arbitration.  Mediation is a process whereby the parties to a dispute use the services of a neutral third party assist them in trying to settle that dispute, not to resolve it on the merits.  Mediations are most often consensual in nature by virtue of a dispute resolution provision in a contract between the parties that requires resorting to mediation in the event of post-agreement disputes or because the parties later agree - after a dispute has arisen either prior to or during litigation - that they would like to try to settle their dispute with the assistance of a neutral third party.   Read more  (PDF)


Social Networking Growing as Communications Tool

Jacksonville (FL) HOA Networkers - Meet homeowners, volunteers, board members, licensed community association managers (CAM) and realtors who are interested in exchanging ideas about the challenges, new laws, management problems, and organizational matters that HOAs and Condo Associations in North East Florida are facing these days.  Visit site


More News Stories

FL: Possible closing of Ombudsman's office worries local condo owners  Earlier this year, Ferguson filed a complaint with the Ombudsman's office again asking for someone to supervise her association's December board elections. While she waits to hear back from the office, rumors that the Ombudsman's office could close have her an... 

FL: Bonita Bay fining property owner who doesn't want to build yet in down market
One man thought economic relief should be a two-way street, but the development company that holds the cards has chosen not to play along....

CO: Foreclosures eat at HOAs
As homeowners lose their properties to foreclosure or fall behind on their bills, their neighbors in communities governed by associations are paying the price....

CA: Solar fight hits home
After having three solar panel permits denied by the Palos Verdes Homes Association Art Jury, Bartz - who owns a solar system installation company in Rancho Palos Verdes - threatened the association with legal action. On Tuesday, the city of Palos Verdes Estat...

OK: $3.2M in changes ordered
A developer has been ordered to make an estimated $3.2 million in improvements to an exclusive gated community in northwest Norman....

TX: Portrait Homes confirms banks are taking over some Dallas-area communities
North Texas homeowners are worried and confused. They're learning the developer who controls their HOA is turning communities over to the bank. So what happens next?...

FL: Banks enter debate on how associations deal with foreclosures  Economic conditions being what they are, banks have entered the ongoing war in Tallahassee over condo and homeowners associations....

NV: Proposed HOA bills draw mixed reviews from columnist  This Saturday I'm taking another break from homeowners association questions to address new bills to be presented to this legislative session. There are three -- assembly bill 251, senate bill 183 and SB 182....

FL: Community board association members go to Florida law "boot camp"   In Army boot camp, soldiers go through a rigorous training program to get ready for potential battle with the enemy. In the context of the boot camp held recently at the Elks Lodge of Bonita Springs, training was meant to help "soldiers" do battle with large...

New condo loan rules could hurt distressed areas
Money is already tight at The Wilshire Condominium, and new lending rules threaten to make life even more difficult for it and other condos around the country....

LA: Pair file federal lawsuit citing April 2008 arrests   A dispute last year over use of fees in the Riverdale Commons Homeowners Association led to two arrests of resident Robin Williams on attempted second-degree murder and aggravated battery counts - and now a federal lawsuit over those arrests...

AZ: Residents want recall of HOA board
Scottsdale residents are seeking a recall of a homeowners association board which has postponed the annual election....

FL: More Coral Lakes residents mull suit for foreign drywall  About 80 residents of the north Cape Coral neighborhood gathered in the community clubhouse Thursday to hear from lawyers already representing four Coral Lakes families suing Engle Homes, the developer of the 300 single-family homes and 66 townhouses in Coral ...

CO: Capital reserve needs plague Centennial
Homeowners at the Centennial affordable housing complex are facing building maintenance needs that exceed the Centennial Homeowners Association's means to pay for the repairs....

TX: Missing child scare tests HOA�s readiness
Neighborhood Watch works - so say several homeowner association members in the Hidden Creek Estates of Royse City, and Royse City Chief of Police, Tom Shelton....

Condo Buyers May Have a New Way to Leave Contracts, Thanks to Fannie Mae Rules
New rules from Fannie Mae that tighten lending requirements for condo buyers could give buyers a new way to walk away from their contracts - and recoup their deposits. Already, condo developers have seen a higher rate of buyers foregoing deposits or suing to g...

MI: Statue pits family against homeowners association  A Novi family is in a dispute with their homeowners association again -- this time over a Virgin Mary statue....

CO: HOA's thorn regains use of sharp tongue
Florissant-area resident Jan Jackson's constitutional right to free speech has been restored, allowing her to resume savaging her homeowners association board. If she dares....

NV: Legislation Introduced to End HOA Corruption
Half a year after an HOA corruption probe was exposed by the Eyewitness News I-Team, it's getting major attention by lawmakers in Carson City. Lawmakers are working on creating some legal teeth to stop this from happening again....

MO: Subdivision could face penalties on water system  Residents of a subdivision on Ivy Bend have 30 days to decide what to do about their drinking water or face enforcement action by the Missouri Department of Natural Resources...

IL: Condo owners may have to pay taxes twice
In its first year on the tax rolls, the RSC building in downtown Oak Park is delinquent on its bill to the tune of $1.7 million...

FL: Should cash-strapped condo associations rent units in foreclosure?  Renting out empty units may help your community association cope with budget woes caused by owners in foreclosure or delinquency, who do not pay maintenance fees....

NC: High Point Neighbors Help Bust Burglary Ring
A homeowner's association and neighborhood watch helped High Point Police bust a burglary ring....

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Reserve Fund Essentials
A refreshingly readable and levelheaded 17-chapter  book on fund-related how-to’s and must-do’s to keep balances healthy. Check it Out
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Four hot topics on a two-disc DVD set: The Board, Meetings, Insurance, and Reserves. CAI members get 40% off!
New Audio/Video

WA: More condo owners breaking homeowners rules (video)  Desperate times call for desperate measures as more and more condo owners are breaking the rules to survive the saturated market....

 TALK WITH CAM 072: How the association laws are changed. SHOW NOTES: Today’s podcast was recorded in Clearwater at the CAI conference. You will hear some of the expected changes to association laws this year. Get your writing material as there are ...


What's New in the Blogs

California Condo & HOA Law

IRS RULING 70-604 - WHAT IS IT?   I am not a tax attorney. I am not a CPA. I will state that right off. However, it is my belief from everything I have read and heard about including the ruling...

HOAS & CONDOS - SHOULD THEY HAVE FIDELITY BOND INSURANCE?
I get questions all the time about whether an HOA or a Condo Association must have fidelity bond insurance. The answer is: not unless the governing documents r...

Florida Condo & HOA Law

Hawn v. Shoreline Towers Phase I Condominium Association, Inc. et. al   Court Rules in Favor of Association After Board Requests More Information Regarding Need for Service Animal
U.S. District Court, Northern District of ...

Federal Court Rejects FCHR Finding of "Reasonable Cause" in Prescription Pet Case
Community Associations are Entitled to Request More Information When Determining Whether to Grant Animal Accommodation

Michigan Condo & HOA Law

Who's at fault for tampering with common elements?
I recently heard from an individual who lives in a condominium complex that is over 20 years old, and this person has lived there for many years. The unit next door was sold and...

Our Developer has deserted.
This economic downturn has especially hit hard in the development community with many developers going the way of the dodo bird. I recently heard from an individual who purchased a...

HOA Legis-slate

HB 1091 Sent to Governor for Signature
On March 19, 2009, House Bill 09-1091 ("HB 1091") was sent to Governor Ritter for signature.  As discussed in the January 14, 2009 posting on HOA Legi-Slate, H...

South Carolina Community Association Law

Collection of Assessments in Lieu of the Federal Racketeering Act

An Association Need Not Present a Homeowner with Copies of Governing Documents to Be Able to Enforce Them

Condo Issues

Private New Towns--A promising new concept saddled with an old problem?
The City of Hercules, once known for The Hercules Powder Company, a manufacturer of dynamite, is redeveloping its old industrial properties into what...n

South Carolina Community Association Law

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

Drafting Covenants

Condo Law (FL)

How Do We Wind Up With Bad Community Association Bills?

Colorado Homeowner Association

Fiscal Irresponsibility In Your Association? Embezzlement and What You Can Do to Help Prevent It     We have all heard from time to time about an association manager or officer who gets caught with his hand (or more) in the association’s cookie jar. The most recent acc...

Towing of Illegally Parked Vehicles   The towing of illegally parked vehicles is a topic that is regularly brought to our attention. In most instances, the problem involves a commercial vehicle, motor home, trail...

Northwest Condo & HOA Law

HR 1106 Passed by House

Washington Homeowner Rights Bill: Contact Your Legislator Now Engrossed Second Substitute House Bill 1393 (ESSB 1393) is currently under consideration by the House Ways & Means Committee.

Washington State Homeowner & Condominium Association Law

Small Condos to be Exempt from Reserve Studies?

WA State Legislature Proposes Construction Warranty Bills . . . Again

Utah Community Law

Pet, or Service Animal? (Again...)

Live Blogging -- The Fair Debt Collection Practices Act

Idaho Condo Law

Get Your Pools and Spas Fixed NOW!

Service Animals

Wyoming Condo Law

Design Committee Rebuked by Wyoming Court

2008 Case Summary

Toronto Condominium Law

Miniature horses and the duty to accommodate Earlier this year the New York Times featured an...

Connecticut Condo Law

OLR’s Greatest Hits: The History of the Practice Book
Had some friends over this weekend for a competitive game of “Apples to Apples.”  Pri...

Connecticut Supreme Court Briefs Now Online
Wow! And the site is powered by Wordpress!
Obtaining briefs on issues is often a valuable and produc...

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