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April 10, 2007     Vol. 4 Issue 8 
News 
OH: MultiVest VP admits guilt  Woman pleads guilty to mail fraud for role in bilking homeowners associations out of more than $3.5 million
...the show illustrates a changing trend in entertainment on the well-established institution known as the condo circuit.
CO: A whole-new habitat  Greenwood Village-based Hammersmith Management Inc. is helping Habitat establish an HOA model that will allow Emerald Hill residents to self-govern and manage their community in an effective manner. "They're teaching them about insurance, maintenance and landscaping," said Jeff Arnold, executive director of the Rocky Mountain Chapter of Community Associations Institute. "They're also getting pro bono legal services."
UT: Draper man is ordered to take down his American Flag  One person's patriotic expression appears to be another's clutter in a Draper condominium project. A homeowner says he's being ordered to retire "Old Glory" permanently and to take it down. But he says he's not about to do that.
The owner of a Clifton Heights condominium complex that was damaged by a fire during Tuesday night's storm plans to raze the building, after city inspectors said it must come down.
NY: Insurer's handling of fire has Ossining condo owners fuming  However, the condo owners say GNY Insurance originally gave an estimate of less than $600,000 for the repairs and also want their own contractor to do the work. That figure is at least $1 million off the mark, the condo owners say, because it doesn't take into account that the townhouses are 41 years old and would now be subject to expensive building code upgrades such as modern copper wiring, firewalls and sprinkler systems.
Just in time for Passover, Laurie Richter won the right to keep her mezuzah on the doorpost of her rented Fort Lauderdale condominium.  But that's not good enough for Attorney General Bill McCollum. He gave the association at The Port Condominium, in the 1800 block of Southeast 17th Street, until 5 p.m. today to change its rules so all its Jewish residents can hang mezuzahs.
FL: See you in court? Not for home disputes The Florida Legislature is considering a bill that could keep some deed restriction battles out of court.
But the board considers the caretakers to be "unauthorized and-or transient occupants" and on Feb. 8 filed a lawsuit alleging their presence in the apartment violates association rules.
Residents in one Northeast Side condo are still cleaning up debris after a severe storm over the weekend caused a maintenance building to explode, scattering debris across the roofs and grounds.
The state Court of Appeals on Monday upheld a $3 million settlement over defective siding installed at a condominium complex overlooking Puget Sound.
FL: Homeowners association loses bid to keep $60,000 trucks under wraps  But in 2005, on the heels of a leadership change in his community's homeowners association, Kirk and another Escalade owner received messages from community leaders. Because the cargo areas on their $60,000 trucks made them look like pickups, association leaders said, they would be able to keep their vehicles only if they stashed them as far out of public view as possible.
FL: Couple sued by over-55 community for allowing granddaughter to stay  A Largo homeowners association is suing a couple that's letting their three-and-a-half-year-old granddaughter live with her.
FL: Condo Leader Unites Voices Of Residents Martin, the former head of The Atrium's board of directors, said his goal is to make sure condo residents communicate clearly with each other, including about community issues, vendor evaluations and shared services.
A solar swimming pool heater and pending state legislation are fueling a battle between Chandler resident Matt Burdick and his Lantana Ranch homeowners association.
OH: Who is to blame?   After the floods, she was shocked to learn the flood insurance policy carried by the condominium association wasn't enough to pay off her mortgage and losses, as well as those of many others who formerly resided there.  The residents discovered the association had taken out a policy that paid $268,000 on the entire Millstone property, which was valued at about $5 million
MT: Property owner says association is effective  When Ron Fraze moved from his West Coast home into a rural subdivision outside of Columbus, regulations were the last thing he wanted to live by.  "I was one of the biggest rebels against the (homeowners association) board," he admits.
AZ: Frost affects plant life  The weather has caused frost damage to many plants, sometimes killing them completely. Cottonwood Palo Verde at Sun Lakes General Manager Mike Gum said the frost has caused problems through his community.
 
Articles 
When Does An FHA Violation Occur?

Tom HindmanAccording to the Ninth Circuit Court of Appeals, a violation of the Fair Housing Act does not occur until a requested accommodation is first refused.  In a recent case from Hawaii, a homeowner was granted temporary permission to keep a companion pet while the Board of Directors investigated the request.  According to the court the homeowner failed to establish all of the required elements of a Fair Housing Act claim and the homeowner's law suit was dismissed.  Read More
 

Overcoming Resistance To Your Reserve Fund’s Contributions Plans

Graham OliverSometimes it’s the Board itself (or, at least, some of the Board’s members) that water down recommendations to increase funding to the reserve plan.  And sometimes it’s the unit owners.  It doesn’t matter a whole lot who it is, what does matter is that it happens and it’s dangerous. We’ve prepared a 3-part article that begins with an overview of the problem’s seriousness.  Part Two examines the role the Board plays both in being part of the problem and part of the solution.  And the final part gets into the reasons owner’s offer for coming out against increases. Most importantly, we add suggested remedies.  We provide a number of things that right-thinking Board Members and owners can do to help ensure that proper funding schedules get voted for, passed, and implemented.  Part One is available today. Read More (Scroll down to article title)


Ten Questions You Should Ask Before You Buy into an Active Adult Community

A recent article (April 8, 2007) in the New York Times explored how New Yorkers, the most jaded, brazen, and savvy folks in the world, are like lambs led to the slaughter when it comes to purchasing real estate. They have complete command of topics like views and space, but when it comes to examining expenses and community rules that will have a major affect on life in their new homes, they have a shocking lack of curiosity.  Our editors thought that the parallels of this situation to that of people over fifty buying into active adult communities were strong, so they developed this short list of 10 questions.  Read More
Educating Owners and Promoting Harmony in Your Community

From Condominium to Gated Community, the common thread is people. A diverse village is created within each association. Finding ways to educate and encourage members, and at the same time protect and preserve their physical assets, can be challenging as well as rewarding. As more and more people are moving into community associations for the first time, it should be a priority for board members and community association managers to develop a sense of belonging and ownership for each new member. Educating them from the start in a constructive way can plant the seed for a long-term positive relationship within the community.  Read More
[Management]  Negotiating the Contract: Good Relations Develop When Terms Are Clear

The management contract defines the relationship between the condominium and management company, but the document's provisions frequently receive only cursory review or discussion by the condominium board. If troubles crop up down the road, they often can be traced to a failure to include expectations, rates of compensation, and specific legal duties and roles in writing in the contract. Read More (First article on page)
Thinking of Running for the Board? Eight Questions You Need to Ask Yourself

First Do I have the time to devote to my duties and responsibilities as a board member? Being a board member can consume significant amounts of time each month. Don’t volunteer if you don’t have the time to do the job right or can’t attend meetings.  Read More
Giving Facilities an Information Edge

Though the changes happening today are evolutionary, new technology is bringing steady gains to facility management. Better technology makes facility organizations more intelligent and more nimble, getting the right information to the right person faster than before. The payoff is better and quicker decisions that are implemented sooner. And emerging technology promises to transform the industry much as direct digital controls did when they emerged in the ‘80s.  Read More
Limited HOA Amenities

Richard ThompsonHomeowner associations often come with common amenities which all members can enjoy. Examples include a clubhouse and pool. While not all members may use them, they are available for use, so all members share in their maintenance and repair. There are other common amenities, however, that are limited in use to certain members, because there aren't enough for everyone. Two common examples include parking spaces and vehicle storage facilities. Read More
Are You in the Zone?

Besides the usually Covenants, Conditions, and Restrictions (CCR's) or Rules & Regulations in your homeowner association declaration, the association can also access and review the ordinances of its local municipality. Your city, town, or county will generally have a complete set of zoning ordinances that are laws that govern residential, commercial, or industrial development. These ordinances cover a wide range of architectural, health, and safety standards that can aid your association in protecting and enhancing property values. Most municipalities have posted the Zoning Codes online. This makes a quick review easy, and more importantly a wise choice when reviewing architectural submittals, enforcing CCR's, or providing an alternative for homeowners who are seeking additional resolution to disputes with neighbors.  Read More
 
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Editor's Notes 

Joe WestWelcome to our new style.  We thought we'd go ahead and use the new design to show a little something of what the web site is going to look like as we finish up the revision.  Yes, we're STILL working on it, but at least we can see the end in sight. 

We also want to welcome Popular Association Banking and Reserve Advisors as new advertisers.
 
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