CORRECTION - I FORGOT TO INCLUDE THE LINK IN THE LAST ISSUE:  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".  Read the issue (PDF format)

Second Hand Smoke Dangers Are Clear but the Authority to Curb Smoking in Community Associations Remains Hazy

Conflicts between smoking and non-smoking condominium residents aren’t new, but the legal landscape surrounding those battles is changing.  As complaints about second-hand smoke  have grown louder, and the evidence of its dangers more conclusive, the courts have become more inclined to weigh the rights of homeowners to breathe clean air in their homes more heavily than the rights of other owners to blow smoke in theirs. This balancing act is difficult, however. Courts do not easily or happily restrict private property rights, so decisions doing so, while almost always fact-specific, get considerable attention and are parsed closely for language and legal reasoning other courts might follow.  Read more

Read Before Signing

The renewal process is reasonably straightforward, but it is not necessarily uncomplicated, nor should it be automatic, despite the understandable temptation just to ¡§sign here¡¨ on the dotted line. Scott Wolf, CMCA, AMS, PCAM, president of Greater Boston Properties, offers this cautionary tale, based on the recent experience of an associate, who signed the policy renewal form filled out by the community¡¦s insurance agent, without reviewing it. The review seemed unnecessary, because the same agent had handled the renewal with the same insurance carrier for several years. Unfortunately, the agent had inadvertently checked the wrong box in response to a question about whether the buildings had copper wiring, indicating ¡¥no,¡¦ when the correct answer should have been yes.   Read more

Braving the Elements

In real estate, as in life, first impressions are everything. It certainly holds true for condominiums. Whether it’s a high-rise or part of a community of homes, a building and the way it looks can speak volumes not only to outsiders but to the individuals and families living within its walls. That’s one of the many reasons why maintaining an attractive and functional building exterior or façade can be so important. Many factors can contribute to the deterioration of a building’s exterior. Happily, though, there are nearly an equal number of actions that can be taken to preserve and protect those facades and envelopes.  Read more

To Foreclose or Not to Foreclose – Issues to Ponder

Assessment collection is likely on the minds and agendas of virtually every community association board member throughout the country today. During the recent months I have worked with several condominium associations to assist them with the overwhelming decisions associated with the current economic crisis created by the real estate collapse. One only needs to listen to television and radio or read the newspaper to know that the number of home foreclosures is at an all-time high. So many homes are within community associations (condominiums, cooperatives and single-family homes), which has created an unprecedented delinquency rate for many community associations. Read more

April is Fair Housing Awareness Month -

HOAs, Group Homes and the Fair Housing Act - Do Homeowners Associations Have to Allow Group Homes?

The Covenants, Conditions and Restrictions of Homeowners Associations are carefully written to embody the developer’s vision of the community.  Minute detail is included on everything from the style and size of homes and fences to animals, recreational vehicles, parking and permitted uses. But, sometimes, the C, C and Rs can be challenged by the federal and Colorado Fair Housing Acts.  Below is a "Help, what do I do now?" example about the issue of permitted uses.  (The example and names below are fictitious, but are a composite of a scenario already played out many times in Colorado and across the United States.)           Read more

THE ADA, INVITEES, AND PUBLIC USE OF HOMEOWNER ASSOCIATION FACILITIES ­ What Do You Need to Know To Stay Out of Trouble?

Right off the bat, I will tell you that I am not an expert in civil discrimination cases. I  am an HOA attorney and know a lot about dealing with the Fair Housing Agencies in various counties on claims brought against homeowner associations, and know from experience in working on those claims that all Fair Housing agents/workers are trained by their respective agencies and many tend to sympathize with the disabled parties making the claims. This can make it hard to get reasonable consideration of proposed resolutions or acceptance of arguments on the HOA's behalf. And I know that homeowners associations are subject to many of the discrimination laws and have to tread lightly in many situations that potentially involve discrimination, harassment based on discrimination, rules enforcement that might involve a discrimination claim, etc. And I know how to work those claims, and I know HOAs do not always win even if they are right. And all that said, I recommend that anyone reading this newsletter consult with their HOA or Condo attorney if you have questions or concerns after reading this because this is an important issue with potentially serious legal ramifications.

The Case of the Disabled Resident’s Home Business

Facts of the Case. Steven Nelson lived in a home within the Avondale Homeowners Association. Nelson was a “world renowned Homeopathic Nutritionist and religious counselor” with a doctorate in pharmacology and a doctorate of clinical religious counseling. In 2006, Nelson suffered an illness which prevented him from leaving home or driving. As a result, he relocated his religious and medical counseling practice to his residence, where he would see up to eight patients per day for one-half hour sessions, five days per week. The Association had a rule which prohibited home businesses. Fifteen of Nelson’s neighbors presented the Association with a petition, complaining that Nelson was selling products from his home, and asking that the sales be stopped. The Association sent him a violation notice and a notice of hearing. Nelson responded by requesting that, due to his illness, he be allowed to maintain his business at his residence for six to twelve months until he recovered.   Read more

Condo Associations CAN Borrow: A Mortgage Broker Tells You How

For years, our condominium has used assessments to pay for major repairs and capital improvements. However, because of shareholder complaints, our board never levies assessments that are big enough to do the whole job. Consequently, we end up putting Band-Aids on problems instead of solving them. I always hear of co-op buildings getting new mortgages to make improvements. Can't our condo building get a mortgage so we can afford to do things the right way? My answer is "no" … and "yes!" Read more

Working with Your Local Banker to Get Extended FDIC Insurance Coverage

Many associations are deeply concerned about today's banking environment and the safety of the funds they have on deposit in local financial institutions.  With weekly newspaper reports about weak banks and banks that have failed, association treasurers and community association managers are working hard to make sure all funds on deposit are insured by FDIC.  In many cases, association governing documents require that all funds be FDIC insured.  It is important to understand what FDIC insurance is and what it covers.  FDIC is short for Federal Deposit Insurance Corporation which is an independent agency of the United States Government.            Read more    (PDF)

Concrete Failure 101

Today, many reinforced concrete structures, especially those in cities along the coastline or in extreme climatic conditions are in a state of deterioration or distress commonly referred to as “spalling”, requiring extensive concrete repairs. What is spalling? Spalling is a fragment or chip removed from the face of a stone or masonry surface by a blow or by actions of the elements. A spall is also known as a section of concrete that is separating or has been separated from the original structure. Concrete’s high level of alkalinity creates a thin, invisible, protective oxide film that forms on the reinforcing steel infrastructure. When sodium chloride or calcium chloride exists, along with moisture and oxygen, carbonation occurs, breaking down the protective film and causing corrosion to begin. As corrosion increases or builds up inside the concrete, tremendous force is exerted on the concrete. Cracking is observed first and if not properly repaired, larger sections of concrete begin to break away, resulting in spalling.   Read more

In the Gutter

Rain gutters are an inconspicuous but necessary building component that homeowner associations deal with. Their need to perform consistently triggers ongoing maintenance and repair to themselves, exterior paint, siding, roofs and trees. Failure to keep the gutter system running smoothly causes overflows, water intrusion, interior damage, structural dryrot and enormously expensive repairs. There is a lot riding on this often ignored building component.   Read more

Good Question: Bypassing 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 more

FL: Foreclosure looms over Tarpon Springs man who walked dog off leash  Circuit Judge Bruce Boyer said his actions clearly violated River Watch deed restrictions. Boyer's final order said testimony indicated that Wirth "was the most flagrant and continual violator of the pet restriction within the community."...

NY: 'Indifference' cited as cause of Staten Island eyesore   Graffiti and litter aside, it's indifference that has turned a series of fences in Willowbrook into a major eyesore....

NV: Columnist says HOA bills should die quick death   I am taking another break this week from the regular Q&A format to discuss a homeowners association-related bill to be presented before the Legislature....

CA: Falling behind on HOA dues? Here's what can happen  It's a rare sight in a sea of repo sale notices: a Huntington Beach home is heading to a foreclosure sale because the owner hasn't paid $7,509.59 in homeowners association dues....

FL: "Treasure Island" Update: Florida Mutual Files Its Defense   On Wednesday, New Times published "Treasure Island", the story of serious civil and criminal fraud allegations involving the Grandview Palace condo association in North Bay Village, the building's father-and-son developers, and an insurance provider accused of...

FL: Condo Complex Abandoned After Foreclosures Hit   When CBS4 News cameras first toured the property at the New River condos in Ft. Lauderdale back in November, we saw months' worth of garbage piled up and residents furious about living in filth....

NV: Meridian condo owners fenced in
A chain-link fence -- definitely low-rent in appearance -- blocks the main driveway to the upscale but financially troubled Meridian condominium property just east of the Strip....

FL: Miami Condo Death Spiral Begins
Florida's condominium and homeowners' associations are facing what experts call a trickle-down disaster from the property crisis. Dozens and perhaps hundreds of condo buildings have budget shortfalls as thousands of owners, under water on their mortgages or in...

CA: Palm Trees Coming Down at Marquesa at Monarch Beach   The trees were the subject of a lawsuit filed in 2004 demanding that Marquesa force residents to trim trees that exceeded the height of their homes, a rule included in the HOA's conditions...

A House Divided
WITH the economy in turmoil and the real estate boom a distant memory, some people are now looking to sell their vacation homes. Well, at least parts of them....

PA: Watershed working on retention basin awareness   Collectively, poor management of these thousands of detention basins can add up to big problems. Consider, said Gilchrist, that all these basins are approved out of context. "There is no overall coordination, they all release their water at the same time, whi...

CA: HOA nightmares: Has this happened to you?
With the economy in shambles, more homeowners are falling behind on their HOA dues and becoming delinquent. For those homeowners who don't pay their dues, the whole community often suffers as the HOA is forced to put pressure on everyone else to cough up the ... 

FL: Pelican Bay Foundation votes to take control of community  The umbrella homeowner association, Pelican Bay Foundation, on Monday garnered about 78.5 percent, or about 6,200, of the necessary votes to wrest control from WCI Communities, which declared bankruptcy in August....

WI: Declaration must explicitly allow leasing
Unless a condominium's declarations explicitly create a right to lease a unit, the bylaws may be amended to prohibit rentals....

IN: A drop of hope
On Sunday, Bob Wotherspoon was delivering water to his neighbors, something he does to help keep them safe from arsenic in their water supply....

FL: HOA Fees Skyrocketing
Foreclosures do not only affect the folks who lose their homes, but more and more, neighbors are also taking the brunt of a home lost on their block. They're having to pay extra in association fees. And in most cases, they have very few, if any options....