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April 8, 2008     Vol. 5 Issue 8 
In the News Since the Last Issue

Check your state or region News Feed for more stories

FL: Trailer Estates residents rally for board
About 100 Trailer Estates residents rallied in front of the tiny community post office Monday to show their support for the neighborhood's board of trustees....

NY: Home is your castle? Well, not so fast
Is a person's home really his or her castle? The question has particular relevance on Staten Island these days in light of the acrimony that has descended on Morrison Avenue in West Brighton.... 

PA: Task Force To Probe West Deer Condo Developer  Thirty-eight condominium owners in West Deer may lose their homes because a developer won't pay his bills....

NH: Throwing out the bill with the bath water Right-to-dry initiatives face challenge
In January, New Hampshire legislators considered a bill that would have prevented counties, municipalities, landlords or community associations from prohibiting the use of clotheslines or drying racks. The bill, House Bill 1523, was referred to the House of R...

WY: Former Fox Park bookkeeper faces charges
A Circuit Court hearing, originally scheduled Monday, has been continued for a Gillette woman facing 11 felony counts stemming from her work as bookkeeper for the Fox Park Homeowners Association....

NY: Condo Bookkeeper Accused Of Embezzling $500K   A bookkeeper formerly employed at both the Elmhurst Gardens and Queens Boulevard Tower Condominiums has been charged with embezzling nearly $500,000 between 2001 and 2007. She is accused of using the money to, among other things, pay off her personal credit ca...

AZ: 38 Percent of Residents Break the Rules
If you got a letter of non-compliance from the HOA recently, you're not alone. A whopping 38 percent of Parkside residents received violation notices between Jan. 1 and March 18. The top violations: Parking on the street, leaving trash cans at the curb, and f...

FL: Dear condo owner: pay up  But as the housing market sputters, condo buildings are increasingly seeing residents fall behind on their payments of common charges - a stark reminder that condo boards don't exercise the same level of financial stringency that co-ops do....

FL: The Farmer File: Think twice of becoming condo commando   The problem is fundamental: how to juggle the inevitable struggle of people from different places with disparate backgrounds, cultures and golf handicaps trying to get along in close proximity....

FL: Neighbors Square Off Over Homeowner Association Vote   What's creating the rift are claims that the homeowner's association illegally changed its bylaws to allow it to potentially purchase a clubhouse, while charging residents an assessment fee for it....

AZ: Foreclosures forcing HOAs to cut corners on maintenance  Homeowners associations strapped by unpaid assessments related to the foreclosure-ridden real-estate market are mustering volunteer work crews, cutting maintenance jobs and scrimping on landscaping to save money....

FL: HOA General Manager Admits To Stealing Money, Residents Worried About Fees  Tom Bradley resigned from the Ventura Country Club community's HOA in February. He publicly confessed to writing checks to himself. An audit showed at least $40,000 was missing from accounts....

MD: Woman Admits To Stealing From Homeowner's Association   An Ocean City woman has pleaded guilty to stealing more than $19,000 from a homeowner's association she was hired to manage....

FL: Good deed lands Boca couple in trouble with condo board  Carol and Sabotino Ranucci, who own a Boca Verde condominium in Boca Raton, now face a lawsuit from their condo board for helping a disabled Army veteran in their community....

VA: Management Wants Man To Remove Pet Reptiles From Condo  An Alexandria man is fighting to keep his collection of snakes and other reptiles in his family's condominium, but property management says they have to go....

How Condo Fever Burned Investors in Florida
Scott says they never planned to keep the units. Like so many others, they just wanted to flip them and take the profits. But when Florida's real estate bubble burst in late 2005, so did Scott and Lori's dreams. There was no one to sell to....

PA: West Deer condo owners may lose homes
Along with about three dozen other residents, Hazlett faces the prospect of losing his condo because the developer who built it is in debt to National City Bank and a Murrysville landscaping company....

LA: Golden Glen residents fear collapse of dam, flooding inevitable   Golden Glen residents are sitting in angst as the cement weir keeping a 2,000-foot retention pond from spilling into their neighborhood, crumbles before their eyes....

MA: The age of broken promises  But harsh economic realities have prompted the Esplanade's developers to break a fundamental promise made to Cobb and dozens of his neighbors - that they would be free to grow old in a community of their peers....

Canada: A "wooftop" deck at Canadian condo
A company called Amacon is building what it says is Canada's first condo dog run in its new downtown development, the Beasley Residences - a 2,000 square-foot, mulch-lined dog run on the eight floor of the 33-story condo complex.... 

FL: Legislators working on changes for rules governing home/condo associations   "It has a couple of redeeming qualities, but a good 85 percent of it is detrimental to community associates," said White, who manages 22 properties. The most egregious is a proposal to make association directors subject to criminal prosecution if a major erro...

TN: Resident Upset Over Condo's Condition
A south Nashville woman said her condominium unit is in bad shape and that she can't get her landlord to do anything about it....

OH: In the end, it·s the Geese Police who leave
Some condominium owners in the Arrowhead Lake area are crying foul on one condominium association·s treatment of water fowl....

Annual Association Meeting Lessons Learned
Most annual condominium association meetings are held during the months of January through April. For those who live in a well-managed condominium, attending the annual meeting may not seem important. On the other hand, if you are concerned with the way your...

FL: HOA Forcing Man To Change Back Yard After Xeroscaping  An Osceola County man thought his homeowner's association would support the thousands he spent on a yard that would require less watering, but he was wrong....

FL: Lakewood Ranch institutes tougher water restrictions  If your yard needs some water, you can blame Lakewood Ranch residents. According to the utility that supplies their water, the community uses well above what they're supposed to....

CA: Palm Springs homeowners advised to look at land leases   Homeowners on short-term Indian land leases should work now to try to extend their agreements, an attorney and Indian land expert said Tuesday. About 45 homeowner association presidents and their representatives attended the meeting at the Seven Lakes Country ...

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

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

New Federal Law Requires Certain Entrapment Avoidance Devices On Pools

The Federal Virginia Graeme Baker Pool and Spa Safety Act was effective on December 20, 2007.  The Act, which applies to all public pools and spas requires certain types of safety drain covers and suction entrapment prevention devices. The definition of public pool includes any pool open to the public, whether for a fee or not and pools in multiple family residential facilities.  So, certainly, pools in townhome and condominium communities are clearly covered. Pools in single family communities may be exempt unless open to the public.  All pools must be compliant by December 20, 2008 or they can't be open!   Read more  (PDF)  More information


Creating a Newsworthy Newsletter

A newsletter is a great way to keep the community informed. Many owners today have access to email, and the newsletter can be sent as an attachment or it can be mailed to each owner to ensure that news is going out on a regular basis. There are a variety of styles of newsletters used, but there are a few basic things that should be included in the newsletter, regardless of the format selected. One of the most often omitted articles are the current values of the individual units within the community. People are interested in the not only how well the organization is being operated, but how does that translate into the value of their particular home. Be sure to always note the recent sales prices within the community and let people know how many units are currently on the market and how many have recently sold as an indication to the dollar amount the home is worth in today’s market.   Read more


Homeland Security - Service Should Target Your Community's Risks and Match Its Personality

All community associations are concerned about security, at least in the abstract, but the intensity of that concern ebbs and flows, peaking when “something” (a break-in, a car theft, or something worse) happens, and ebbing during the long periods when it seems that those bad things happen only in other communities but not in “ours.” Reality and (for many communities) painful experience suggest otherwise. Bad things can happen to anyone and the more immune we feel, the more vulnerable we are likely to be. That is why security should be an agenda item for all associations – a question boards should revisit periodically, not just when an unfortunate incident demonstrates the need for precautions the community had failed to implement. Security planning should be thoughtful, methodical, informed and objective, which is why many associations find it helpful to retain a security firm or a consulting firm specializing in the area to prepare a formal “risk assessment” for their community. This is a detailed report that reviews the security measures you have in place, identifies “vulnerabilities,” and recommends additional precautions based on the nature of your property, the demographics of its residents, and the risk environment in which your community is located.   Read more


Spring Brings Attack of the Three Ps

With the changing season, associations across the country will be dealing with the Three Ps - Pools, Parking and Pets.  The Three Ps tend to pose problems for most associations during the spring and summer months.  With a little advanced planning and regular attention to these issues, associations can reduce the headaches these common issues cause.   Read more


Tips for Longevity, Sanity, Happiness and Some Success as a Community Manager

How do we last; stay sane; are we really happy and how is success measured in community management? Aren’t they the $64,000 dollar questions? Are we measured by the amount of clients you manage, your Board of Directors, your company or co-workers? In an industry full of Boards who are ever changing and moving the bull’s eyes, how do you know when you have success? Is client retention success? It would appear that the longer you have a client, the better you must be, right? Well not always, so the first tip is not to become complacent. You must always approach your clients with fresh eyes, being pro-active and looking for improvements or that next project coming around the bend. Try not to be lulled into thinking you know everything about your communities because you have been managing them for years and years.   Read more


Audit Obstacles: How a Board Can Stymie Independent Review

Can condo unit-owners compel a condominium board to cooperate fully when the owners seek to audit the books and records of the condominium? Remarkably, no. That was the issue in the recent case Graber vs. Sheridan, where the court held that the board was protected by the Business Judgment Rule. In this case, the condo unit-owners sent a letter to the board of managers of Imperial Towers Condominium on Staten Island in February 2006 requesting that an independent audit be conducted. After months of discussion over the breadth and scope of documents to be provided, the audit was held on June 21, 2006. As a result of the board's alleged failure to provide all requested documentation, the audit was unable to be completed. In March 2007, the owners began an action against the board members, seeking an order to require full disclosure of all requested documents in order to complete the independent audit. The board members contended that they had provided petitioners with all reasonable and available documents as required by law.   Read more


Risk Proof Your Contracts

Associations enter into all sorts of contracts for many types of projects ranging from landscaping to pool maintenance and repair, to name a few.  The majority of contracts involve large sums of money and a major amount of work.  In order to protect the association and its investment, the association should ensure that it has an effective contract with the service provider.  A contract will clarify the scope of work the contractor will perform, giving the association a way to measure the quality of service provided. All contracts should be in writing, incorporating all the material terms and conditions of the transaction, and contemplate how the parties will handle events that may occur during the performance of the contract.  When writing contracts the following key provisions need to be included:   Read more


Richard ThompsonHOA Committee Gems

Committees are a frequently untapped treasure available to the HOA board. Besides benefitting the board by spreading the work around, committees are an excellent training ground for future board members. Folks that may be reluctant or too timid to step up to a board position often feel right at home on a committee with limited or focused responsibilities.  Committees come in all shapes, sizes and functions and may be temporary or long term, as the need dictates. They are only limited by the board's imagination. A committee can assume a variety of roles, such as:  Read more


To Pave Or Not to Pave

If I was given a dollar for every time that question was asked of me, I would be a very wealthy person. But, if I had to pay a dollar for every time I had to respond “I don’t know,” I would be broke. Why this is such a tough question to answer is not my lack of knowledge or experience, it’s more based on the lack of direction of the clients, their budget, and what they are trying to accomplish. A good community sets aside reserves for projects as large as an asphalt overlay. However, what I run into the most, is their confusion on the many different opinions from the contractors they meet. Additionally, the multitude of asphalt maintenance products presented to them only adds to their confusion. We have many qualified companies in Florida that have the ability to answer the question, but the community usually has unrealistic ideas about what should be done versus what needs to be done and/or the lack of budgeted funds.  Read more


Mowers: The Big Picture

Few things are more pleasing to grounds managers’ ears than the phrase greater productivity. Managers spend many hours mulling over schedules, turf conditions, worker skills, and equipment and materials costs, all in an effort to squeeze even a little more productivity out of their staffs. Because mowing can eat up so much time, equipment and labor, managers are especially pleased when they can find ways to mow more productively. Managers who have landscapes that feature large, wide-open areas face an even greater challenge, given the size of the turf areas to maintain and the specification of mowing equipment.   Read more


How to Kick Your Micromanaging Habit

If you know (or suspect) that you’re a micromanager and want to change, you need to understand why you’re micromanaging and develop skills to allow your team to produce while you focus on leading. Whether you’re a star performer who was promoted to management or you’re managing in a new area where you haven’t done the work yourself, micromanagement can creep in. There are many drivers, such as loss of control or a sense of inadequacy. These all arise from the same inner issue: fear. Why fear? Ask yourself: “If I don’t micromanage, what could happen?”   Read more


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Editor's Notes 
We've had 3 days of 60+ sunny weather and I managed to get my first round of golf in - it was a nice spring as the forecast this week is for 7 straight days of rain and possibly more snow.  I guess I'm feeling my usual spring fever and finding it hard to concentrate on the computer screen when I'd rather be outside doing anything else.  Enough of my whining - 3 more association embezzlement cases this issue. Any association that doesn't get an outside audit in this economic climate is nuts. 


Joe

New Audio/Video
Ocean Pines Association, in Maryland, produces a video newsletter, and a video of their board meetings.




 

What's New in the Blogs

CONTRACTS - CAN WE SEE THEM?
In California, homeowners in HOAs have a right to review most if not all of the Association contracts ("executed contracts not otherwise privileged under law" ...

Do Association Boards have the Power to Prohibit Garage Sales?
Do condominium or community association board members have the power to prohibit such things as garage sales? This question was posed to me by a co-owner of an association who has ...

Colorado Senate Passes HB 1270
Today the Colorado Senate passed an amended version of HB 1270.  Since the version of HB 1270 that passed in the Senate differs from the language approved ...

What You Type May Be Used Against You   Before sending any email, especially one associated with your role as a Board Member, answer this question: How would you feel if this email were projected onto a large screen in o...

The Paperless Association - Myth or Reality?   The migration away from paper products is a hot trend these days. The benefits of such a move for a homeowners association are clear - not only does it save trees, it al...

Renter Headaches
QUESTION: I manage a 500-unit association. One third of the units are rented and that constitutes 80% of my headaches. Absentee landlords think the...

Condo Owners Answer Book - a good guide for condo owners and buyers If you’re considering buying a condo - I recommend this book.  If you already live in a condo and have discovered it has more going on (arguments, lawsuits, assessments, hassle) than you expected when you bought it - I recommend this book.

Multiple Satellite Dishes
QUESTION: Can an HOA limit the number of satellite dishes an owner can install on his residence? Additionally, can an HOA specify where a dish can...

Some Important Notes For New Readers Of This Blog  In the past couple months, I have received a noticeable uptick in calls from individuals who have been directed to my law office through this website.  The vast majority of these callers have a speci...

New York Attorney General's Office Orders The Related Group To Pay Back Buyers' Florida Condo Deposit   As reported in the Miami Herald and the South Florida Business Journal, the New York Attorney General's Office recently ordered developer giant The Related Group to refund preconstruction deposits to...

Will the Sub-Prime Mortgage Crisis Impact Community Associations?  How many associations have seen units in their project enter foreclosure? How about yours? For every home that is in default on its mortgage, its a ...

Community Maintenance Trusts--Could They Make Maintenance More Affordable?  It isn't often that a complex problem can be solved with a relatively simple solution, and the criticism of skeptics is excused until the problem is ...

Democracy In Our Communities?  Community associations are not governments -- many years of legislation and court rulings have established that fact beyond a reasonable doubt.  Yet they are clearly democratic in their operations, electing their leadership from among the homeowners on a periodic basis. 

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