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May 12, 2009     Vol. 6 Issue 10 
In the News Since the Last Issue

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AZ: Gilbert HOAs trying to help struggling homeowners  Several homeowners associations are stepping up to help cash-strapped residents in Gilbert south of Ray Road, an area hit particularly hard by foreclosures over the past year....

VA: Norfolk condo project in question after manager departs  The future of the Harbor Walk condominium project in Ocean View is in question after the local manager for the Florida-based developer suddenly departed days after the developer canceled a homeowner meeting about the use of defective Chinese-made drywall there...

MD: Condo bill brings "clarity" to Maryland after 2008 court decision  After nearly a year of negotiations by numerous interests, a bill clarifying insurance for condominiums in the state is ready to become law....

MD: Treasurer guilty of forging checks
The Village of Tony Tank Creek Homeowner's Association members trusted Michael Waldman with their money....

FL: HOA Leaves Community With No Cable, Phone Or Internet  Some people who live in one Osceola County neighborhood say they are ready to take their homeowners' association (HOA) to court....

IL: Dispute over right to hang mezuzah gets rare full hearing  Perhaps because it originated in a conflict between the Book of Deuteronomy and the rules of the Shoreline Towers condominium, a federal appeals court will give a lawsuit over a mezuzah a rare full-court hearing, Wednesday....

NM: Neighborhood preps to fight crime
An increase in crime has residents of one Albuquerque neighborhood taking the fight against crime into their own hands....

AZ: New federal pool-safety law might force some pools to close
A new federal pool-safety standard has apartment, condo and public pool owners scrambling to finish costly drain modifications so they won't have to close for the summer....

FL: Condos at Risk During Storm Season
It's been nearly four years since the winds of Hurricane Wilma passed over Miami-Dade County, but the residents of Buckley Towers still feel the storm every day....

OH: Condo board must be told of tax scofflaw
A reader who is a member of the board of a condominium association in Ohio recognizes that, as a board member, he is responsible for making sure the association's bylaws are followed....

TX: Xeriscaping causes neighborhood rift
But it's not in line with what his homeowners association wants to see. It rejected his plan outright in March. But after a series of phone calls and letters from McEvoy, the association has agreed to meet with him to discuss the situation....

CO: New condo guidelines causing a stir
Earlier this year, both Fannie Mae and Freddie Mac tightened up their lending guidelines for condos. This change has caused quite a stir in the mortgage world, and times are now as tight as I have ever seen them. The new guidelines are specifically directed at...

FL: Community Life: Association bills went nowhere in legislative session  The 2009 session of the Florida Legislature ended with a thud in terms of community association legislation...

NY: Twists and Turns
But less than a year later, Ms. Francesco was walking in the courtyard when she tripped over a wheelchair ramp leading from the sidewalk to a driveway. The sidewalk and the roadway were both paved with the same granite stone, and were the same color, except fo...

GA: Legacy executive says media coverage hurts Bullsboro Crossing homeowners
Legacy executive Steve Connor said that as a result of the media coverage of Bullsboro Crossing's pool woes -- including The Times-Herald's reporting -- it's the homeowners at the Newnan subdivision who'll ultimately suffer the most....

CO: Homeowners win fight over political signs
State law bans residents of homeowners associations that pay dues of less than $300 annually from placing political signs in their yards. Senate Bill 09-249, co-sponsored by Sen. Josh Penry, R-Grand Junction, and Morgan Carroll, D-Aurora, removes that monetary...

FL: Woman accused of bilking association of $484,196  The Heron's Forest Property Owners Association president got a shock when she asked a SunTrust branch bank: The account had been closed for a year....

AZ: Saddle Sore
THIS IS A STORY OF immovable objects and broken promises, of horses and subdivisions, of the town we like to imagine and the one we really have....

WI: Supreme Ct. on right to rent
The first question the court confronted was whether a condominium association may prohibit the rental of condominium units through an amendment to the bylaws, or whether such a restriction must be placed in the condominium's declaration. ......

GA: Homeowners feel they were misled about amenities  Homeowners at a new subdivision in Newnan feel they've been misled and duped after learning two weeks ago that amenities touted by one of Atlanta's top builders won't be offered this year....

CA: Banker: 'What'd I Do Wrong, Officer?' Cop: 'You've Got Algae in the Pool'  Officials at a Citigroup Inc. office in St. Louis placed a call to this desert town recently. The bank had caught word that Indio was coming after the lending giant with fines and threats of criminal charges. The offense: an algae-infested swimming pool at 797...

AZ: Radio operators win vote in antenna flap
Faced with a decision of the rights of ham radio operators versus their neighbors, the state House voted Wednesday to side with the folks with the microphones and headsets....

UT: Deer Valley Resort takes on property management  With at least two prominent Park City property management companies struggling to pay debts to the condo owners they represented last winter, Deer Valley Resort has created its own housing division to manage many of the units booked by its guests....

MA: More older Americans choose age-based communities  In 2007, about 30% of the 38 million, 55-and-older households in America lived in a community dedicated to people in their age group....

FL: Condo Meltdown Extends to Courts
Fighting developers over pre-construction condominium deposits in court can be a lengthy process, especially if the project in question was developed by the giant Related Group. The locally based company, headed by developer Jorge Perez, has been stalling liti...

MA: How Can My Condo Fee Be Too Low?
I often hear the question, "Why is this condo fee so high?" from both potential buyers as well as agents. But I ask the opposite question of some condominiums, "Is this condo fee too low?"...

CA: When Fixing Up the Lobby Becomes a Luxury
These days, at a downtown condo project, window-washers come biannually instead of every three months. Painters touch up the halls once a year, half as frequently as they once did. Security guards work fewer hours. Renovation plans for the sparsely furnished l...

CA: Complicating San Diego's Water Crunch: All Those Condos  When Mary Ellen Lenz and her husband moved here from Chicago last May, she was surprised at what she perceived as San Diego's lack of water conservation efforts....

MD: HOAs want water charge dropped
Homeowners associations in Montgomery Village are crying foul over increases in the county's fee for maintaining stormwater management facilities - calling on the county to exempt their roads from the charge and saying that they will have to curb services to t...

CA: Another Sign of Foreclosure Trouble in California  Here's another sign that California's foreclosures could jump in 2009: Delinquencies on dues owed to homeowner associations have risen sharply....

IL: Residents to pay 100% of garbage fees
He believed condo owners were basically subsidizing single-family homeowners, who were not paying the entire cost of collection....

TX: HOAs put homes with late dues up on auction block  The foreclosure listing service says foreclosures are up 25 percent in North Texas, and nearly 1,000 homes this year have been foreclosed on by homeowners associations....

IL: Condos to kick 'kickbacks' for management firms?  If you live in a high-rise condo, the chances are good the management company that runs it is getting paid by more than just your association. The managers also might be taking money from contractors they hire to work on your building....

TX: Lawmakers seek to prevent homeowners' associations from banning mezuzahs
When Monica Lundeen Smith and Michael Smith got a letter from their condo owners association asking them to take down "the item" on their doorframe, they assumed it was a simple misunderstanding....

AK: Insurance shortfall stalls rebuilding of condo complex   For nearly two years, 98 Anchorage homeowners have been trapped in a shared nightmare: Call it the $7 million mistake....

SC: Bill to regulate HOAs gets new life in Senate
A bill to regulate homeowners associations in South Carolina and charge a fee for each lot in communities governed by them has resurfaced in a state Senate subcommittee...

TN: Finances at Tellico Village in question
The number of Tellico Village properties delinquent in their monthly association fees has more than doubled in recent months, sparking debate about transparency of records and the overall financial health of the Tellico Village Property Owners Association...

FL: Housing fallout: Couple denied access to community where they live  "But he stopped paying the homeowners association, which is what affects us now," stated Karen. So the home is not current on HOA dues, and the lease the Kurtz' had with the property owner expired at the end of March....

WI: Condo Fire Adds to Grand Chute Couple's Bad Luck  A total of ten people are left homeless after a condominium fire in Grand Chute overnight....

WA: Ryderwood age restrictions, governing body draw protest at Hall of Justice   At the core of the dispute is a rule that bars children from living in the retirement community on the north end of the county. The issue has sparked a half-dozen lawsuits, including a class action suit filed last year....

CA: A bitter battle for power
At one time, Scottsdale Estates was a nice place to live. But the gated condo complex in Carson deteriorated long ago into a haven for drugs and gang crime....

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

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New Articles Found on the Internet

 

8 Ways to Green Your HOA

Home Owner Associations or HOAs are becoming more and more of a reality for many Americans. In fact, in 2008 there was a reported 300,800 association-governed communities. With about 71 percent of people polled in 2007 rating their overall HOA experience as positive, these associations aren’t going anywhere. With these governing organizations becoming a larger part of our lives, making sure that is follows or adheres to our eco-concerns is just as important as making sure our own homes are up to environmental code. If your HOA were to be evaluated for its level of eco-consciousness, how would it score? If you believe your community could be greener, take a look at our 8 Ways to get your HOA on the same page as your lifestyle.   Read more

Going Green

As energy costs rise, the economy continues to struggle and resources become scarcer, more and more community associations and homeowners are trying to find ways to reduce energy consumption, reduce their carbon footprints and otherwise “go green”.  With recent legislation in Colorado placing limits on the authority of associations to prohibit or regulate certain energy generation devices and energy efficiency measures, the issue has come to the forefront of the attention of both associations and owners.  Given all of this, what are some ways community associations can be proactive in creating or encouraging green communities?    Read more


Up in Smoke - Associations Must Balance Competing Ownership Rights

Smoking — and demands to prohibit it in community associations — has not become the “issue of the decade” some industry executives have predicted. But the issue is smoldering in many communities, igniting the passions of smokers and non-smokers and creating headaches for the boards and managers called on to mediate their disputes and balance the competing rights they assert.    Read more


Rich ThompsonWelcome to the HOA Board!

The annual homeowner association meeting convenes. The president announces that the floor is open for nominations. A fellow homeowner say to you, "You know, you would make a good board member." Before you have a chance to reply, some body movement indicates that you are willing, ready and able to serve. "The nominations are closed," a vote is taken, and suddenly YOU ARE ON THE BOARD OF DIRECTORS. You ask yourself, "What does being on the board mean, who is going to teach me and how much do I get paid?" Here are some basic guidelines on how to become a successful board member and enjoy it at the same time...a lesson in HOA responsibilities and practices.   Read more


Self Help

Your board wants to go on a property and correct a covenant violation themselves.  Can you?  Even if you have legal authorization, should you?  Read on for the risks and rewards of using authorization to go onto someone else's property to resolve a covenant violation.    Read more


Association Website Endorsements

Question: Our community association has created a Web site about which the board is very excited. We want to make the site both informative and useful to community residents. Some board members have suggested that we post the names of vendors – plumbers, electricians, painters, house cleaners, etc., making it easy for owners to find services they need. In addition, what about allowing owners to write “reviews” of vendors they’ve used? Are these good ideas? Are there any issues we should consider?         Read answer


The Disappearing Developer

In today’s economy, builders are leaving un-built or partially-built homes, causing hardships for associations. Imagine a community of 450 lots with a community pool and clubhouse. Now with only 225 homes closed, these association members are in for a shock. Association fees may double. In the past, builders would make up shortfalls in the budget to keep the community well maintained, but most builders are now cash-strapped and cannot support the association. Does the association board up the clubhouse and shut the pool? Developers in trouble have been around for many years, but we have seen more and more in the past three years. Underfunded reserves, incomplete roads, building defects and unpaid bills could end up as liens on the common property. Developers often create a Limited Liability Corporation for each community and may end up judgment-proof if they run out of funds.    Read more


Janet AronsonFinancial Management Tips: Second in a Series of Print 'Em Out Checklists

Managing your co-op or condo, never an easy task in the best of times, becomes even more challenging and possibly overwhelming as shareholders and unit-owners, struggling with financial problems of their own, fall behind on their maintenance or common-charge payments, or in extreme cases lose their apartments to foreclosure.  Read the list


Breaking Budget Bad News

The budget process for an association can be very long and drawn-out. For associations not operating on a January – December calendar year, it can be the bane of a board of directors’ summer, but sometimes it’s not the process that everyone dreads, it’s the announcement of next year’s assessments. With the market as bad as it is, homeowners almost everywhere are hurting financially, struggling to keep his or her head above water. As a board member having to announce the need for an assessment increase, you probably feel like you’re adding more leg weights, pulling the owners further and further under the water. There are ways, though, to make it as painless as possible. It’s all in the presentation!     Read more


Management Challenges for Small Community Associations

As community associations have evolved over the years, one thing has become evident -- smaller associations do not have the same opportunities to attract professional management services as do larger associations. The reason for this is simple economics - it is less profitable for a professional management firm to provide service to a smaller association.   Read more


Cool Roofs Reject Heat, Lower Cooling Loads

The availability of viable and energy-efficient cool roofing products has expanded greatly in recent years. Building owners and managers, specifiers, and architects increasingly use these products because of their capacity for energy savings.    Read more


To Catch a Thief: Recovering Assets After an Embezzlement

Workplace embezzlement is an increasingly common occurrence: according to the most recent U.S. Department of Justice statistics, embezzlement increased by 39% between 1990 and 2000. (And in the current economic environment this trend will likely accelerate.) But despite its frequency, an embezzlement, when uncovered, still prompts feelings of rage, betrayal and embarrassment. And before the emotional reaction subsides, companies generally take immediate, reflexively punitive steps against the employee-suspect: on-the-spot termination, hasty escort from the premises, restricted access to the company's electronic network and prompt notification of local law enforcement. While these steps may assuage the emotional wounds inflicted by the theft, a different approach may ultimately better serve a company's financial interests. If a company's primary objective is asset recovery, that company should not initially adopt the above procedures.         Read more


More News Stories

 

CA: Reserve funding for homeowner association important now  Reserve studies are a very important part of a homeowner association's financial plan. Typically, the annual operating budget is the most visible - one line item in that budget is the reserve allocation....

IL: Lawmakers mulling association proposals
Illinois lawmakers are considering an array of legislative proposals that relate to community associations. Here are some of the big ones, along with comments from the association world:...

WA: Foreclosures for Failure to Pay Condo Dues on Rise, Experts Say  Experts in the field say more condo owners are facing foreclosure for relatively minor debts: Months of unpaid condominium association dues....

NV: Foreclosed and forgotten: You Ask, We Investigate update  Ripped out bathroom doors, broken windows and a green pool. You wouldn't think people were paying to keep their area at the Hillside community near Cheyenne and 215 clean if you looked around....

RI: Serpa bill cuts corners for condo associations
Rep. Patricia A. Serpa (D-Dist. 27, West Warwick, Warwick, Coventry) has introduced legislation that would make it easier for condominium associations to borrow funds from banks and other lending institutions to complete necessary repairs, updates and improvem...

VA: Condo Controversy
"This is where the ceiling caved in while we were asleep," said Colon, standing in the Norfolk condo she shares with her husband, Omar. "I called the developer and said, 'It's literally raining in our second bedroom right now.'"...

SC: Myrtle Beach Area Fire Victims Wade into the Aftermath  At a meeting held Wednesday by the Barefoot Resort Homeowners Association representatives from the city of North Myrtle Beach, Horry County, OMNI management and Centex homes answered questions from property owners....

MA: Man admits con to get into condo
A New Hampshire man who conned his way into an elderly woman's condo, only to be confronted by her house-sitting nephew, admitted yesterday that the letter he showed a property manager to get a key was bogus....

FL: HOA Publicizes Which Residents Not Paying Dues  A homeowners association is taking action against residents who aren't paying their fees...

FL: Don't they know we are in a drought?
He wonders how homeowner associations can enforce standards on turfgrass in year three of the worst drought anybody can remember....

MI: Financing options limited for 'site condos'
Quirks in state and federal law are preventing the use of Federal Housing Administration funding in unfinished housing developments that were subdivided as "site condos," lenders, Realtors and builders say....

NC: Kure Beach condos ordered to rip out sandbags -- again   For the second time in 15 months, state regulators have ordered The Riggings to remove the sandbags that have protected the Kure Beach condominium complex from the encroaching ocean since 1985....

IL: Irving Park condo owner singing an angry tune
An Irving Park condo owner and her neighbors are living in a building with buckling floors, unfinished hallways and four foreclosed garden units. The developer is bankrupt and its phone disconnected. But rather than cry about it, she's inspired to write abou...

High court justices argue over voting rights enforcement  The case involves a small homeowners association board outside Austin, Texas. Residents of the Canyon Creek planned community in 2003 sought to move its polling place to an elementary school that is the neighborhood's polling place for all other elections. Suc...

AZ: Condos' HOA recalls 4 board members
Residents of the Venetian Condominiums have recalled four members of their homeowners association board of directors....

NM: Fort Bliss mom told to get rid of support sign
O'Neill said the homeowner's association allows political signs and signs that point out the home of a Keller High School cheerleader or football player...

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Reserve Fund Essentials
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HOATalk.com
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Community Association Leadership Series DVDs!
Four hot topics on a two-disc DVD set: The Board, Meetings, Insurance, and Reserves. CAI members get 40% off!
New Audio/Video

Talk With CAM 075: Mosquito Controls

Today we talk with Martin Winger of Southern Mosquito Control Services, Inc.

Talk With CAM 074: Bees and Other Stinging Insects

May 11th, 2009

Richard Martyniak and Jonathan Simkins discuss how to control stinging insects and the possible problem if the insects are not controlled.

 


What's New in the Blogs

California Condo & HOA Law

CHOOSING AN INTERNET MARKETING SPECIALIST
This is a little off topic of HOAs per se but meant for all, including vendors who serve HOAs and Condo Associations. I do not tout many vendors or products th...

Work Parties - Workers Compensation Coverage - Is It Necessary?
Questions often arise for Boards about workers compensation insurance. Should a board purchase it for the association even if there are no employees; does it c...

Ohio Condo Law

Mortgage Modification Legislation Dead
Good News! Last week, the Senate defeated a bill which could have had a negative impact on community...

You Can Make a Difference!
It often seems like as just one person, you cannot make a difference, but as a board member, you rea...

Florida Condo & HOA Law

E-mails, Instant Messages (IM), Twitter & Board Meetings
Magazines/Newspapers, TV shows, movies, and radio programs are all a buzz about people communicating instantly through Twitter, IM, e-mails and the li...

2009 Florida Legislation Impacting Community Associations
SB 714 Most Significant Change for Community Associations.   Community Association Leadership Lobby (CALL) summarizes changes resulting from...

Michigan Condo & HOA Law

Should I deed my property back to the back in lieu of foreclosure?
In this economic climate, many individuals are considering deeding their property back to the back in lieu of foreclosure; however, before you travel that road make sure you’ve c...

Problems with collection agencies
I recently heard from a board member who attended a condo seminar and learned of a collection agency that professed to collect assessments without charging the association before r...

Community Association Management

Controlling Outcomes
My old boyfriend used to call it “hazing”… I would “haze” him into doing something he didn’t want to do. Subtle…sometimes; overt…often, but relentless, always. If I thought it was some...

HOA Legis-slate

Amended Version of HB 1359 Passed by Senate
Today, May 5, 2009, one day before the Colorado General Assembly is slated to adjourn for the session, the Senate passed an amended version of House Bill 09-1359 (HB 135...

U.S. Senate Votes Down Foreclosure Relief Measure
The U.S. Senate voted 51-45 earlier today against the legislation that would have allowed bankruptcy judges to rewrite mortgage terms for struggling borrowers before they fac...

New Jersey Law

Mandatory Insurance for Contractors and Developers Seen as a Solution to Defunct Companies
In New Jersey, new home builders are not required to have general liability insurance. As a result, purchasers of new homes and condominium units are sometimes left without recour...

Seattle Condominium & Homeowner Attorney

Collection of Delinquent Assessments - Understanding Your Options
Martial arts students are taught to hope that they will never need to use their skills to harm other...

Compliance with Condominium Lending Standards
Mortgage giant Fannie Mae and the Federal Housing Administration (FHA) are major sources of money fo...

Condo Issues

What You See is (Not Necessarily) What You Get!
“Visual and Accessible” is not enough: Let’s amend the Davis-Stirling Act to delete Limitations on Reserve Study Inspections. It’s the responsib...

Colorado Homeowner Association

Collecting a judgment: Persistence pays off
The association’s attorney has worked diligently to obtain a judgment against a delinquent homeowner. What can be done to ensure that the association gets paid? Is all ...

Northwest Condo & HOA Law

H.R. 1106 Dies in the Senate
Earlier this year, I wrote Blog postings on proposed federal legislation that could adversely impact the ability of homeowner associations to recover past-...

Condo Law

Tips for Your Community to Survive and Even Thrive in This Economy!

How Do We Wind Up With Bad Community Association Bills?

South Carolina Community Association Law

The Fair Housing Act as a Limit on Restrictions Imposed by Associations

Assessments Due Upon Foreclosure

Utah Community Law

Live Blogging The Managers' Munch -- Problem Board Members

Connecticut Condo Law

The Dirty Little Secret of Document Review Sweatshops
Law is a profession.  I’ve heard lawyers boast that law is one of three only three true profe...

Quick Hits: CT Blogging CLE, Twitterific 2.0, and Zack Greinke
This week has been busy. I hope to be back with a few new posts next week.
For today it’s my l...

HOA Brief

California Bill Which Would Void CC&Rs Gathers Steam
Assembly Bill 1061 bill sailed through its first test Tuesday with unanimous approval from the Assem...

 

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