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July 17-18, 2007     Vol. 4 Issue 14 
News 
TX: Condo residents face eviction   Some Houston residents will not be winning a fight to keep their homes after their condominiums were condemned by the fire marshal....

FL: New law allowing self-insurance for condos can be risky, experts warn   Don't count your insurance savings just yet, experts warn owners in condo, co-op and homeowner association communities. The state this month began letting associations form a self-insurance fund to pr...

FL: In gated communities, security takes new role  As gated communities take over the South Florida landscape, homeowners associations have taken on many of the duties traditionally performed by government: collecting assessments, issuing fines, keepi...

NJ: Condo fee at closing legalized under bill
What started out as litigation here is now legislation in Trenton that will limit but also legalize a standard practice of charging an upfront fee to condominium buyers....

FL: Lakes couple battles to keep kids at adults-only condo
The certified letter was traumatizing. Public school teachers Christine and Nathan Clock had 10 days to find a new home for their two children or face legal action. The Clocks were incredulous. Three ...

SD: Man takes shed dispute to Supreme Court and wins  Still convinced he should be allowed the build the 18-by-16-foot shed near the home he bought in 1996, Nedved took the issue to the state Supreme Court - and won....

OH: Hearing postponed in condo firm embezzlement, additional charges filed  A sentencing hearing for Kathleen DeSalvo, co-owner of the firm that managed Mariners Point Condominium Association, was postponed to allow the affected associations to question her further about the ...

IL: Condos need condo brains   As the numbers of new-construction and condo-conversions rise in the Windy City, so does the need for educated members of condo associations....

NV: Decision changes HOA power  An arbitrator's decision that says homeowners associations have to get a favorable vote from residents to implement special assessments could have far ranging implications for the 1.2 million Clark Co...

SC: HOA sees red over pink   On Olde Harbour Court, the house that was painted pink over 15 years ago and painted pink again seven years ago has become a landmark for boaters and businesses, said Jean Morrison, 74, who owns the h...

FL: Ruling favors condo builder   In a nine-page order, Judge Jonathan Gerber found that D&T Properties could not wiggle out of its contract based on higher-than-expected maintenance costs. Gerber concluded the buyer could afford the ...

FL: Hurricane-Related Litigation Still Howling in Florida Courts   One large insurer, Sydney, Australia-based QBE Insurance Corp., is the target of a maelstrom of litigation filed by condominium associations claiming it has stonewalled legitimate claims with the inte...

An Inconvenient Turbine: Conservation vs. Preservation   As "green"-minded homeowners move to put in new energy-efficient windows, solar panels and light-reflecting roofs, they are bumping up against neighbors and local boards that object, saying the additi...

AZ: Citizens prep for new laws    Homeowners associations are already preparing for upcoming changes that have passed during Arizona's 48th legislative session....

AZ: E-mail concerns residents: Access to HOA records questioned  Some Troon residents raised concerns about a village "news alert" sent to residents that appears to take a stand on a political issue, but the homeowner's association president said the communication...

TX: Westpark Lakes Residents Left In The Dark After HOA Mysteriously Dissolves   Residents of Westpark Lakes have found themselves in the dark since the beginning of July, when Reliant Energy pulled the plug on the subdivision's street lights....

NJ: Condo residents reluctant to serve   Larry Vant says being a member of a condominium association board requires being part-lawyer, part-accountant and part-politician....

FL: When it comes to condo maintenance, pay now or pay later   Dale Humphrey estimates that he and the 89 other owners at their Fontainebleau condominium lost $150,000 in bad repairs -- or work not done -- before they recalled the old board and fired the contract...

FL: Pembroke Pines to notify homeowner associations of residents' permit apps
Should the city make sure homeowner associations are involved every time one of their members wants to enclose a patio, build a pool or add a room to a house...

IN: Condo owners in quandary   A powerful local developer, Gershman Brown & Associates, is negotiating with each owner, trying to buy every condo, with an eye on redevelopment....

Canada: Vancouver leaky condo bill skyrockets
It's going to cost "at the minimum" another $10 million to repair leaky condo buildings owned by the Greater Vancouver Regional District

NJ: Outcry spreads as deal over worship sought
The controversy surrounding a condominium in A Country Place that neighbors contend is being used as a makeshift synagogue has apparently raised concern among residents of other private, age-restricted...

FL: Neighbors and homeowners associations at odds over alternative yards   More and more homeowners are opting to replace their lawns with landscapes that don't require regular watering and maintenance -- from wild-butterfly gardens to artificial turf -- only to clash with neighbors...
2007 Advertising Policies and Rate Sheet
Word Doc      PDF
Articles 
Free Speech and the American Flag

A news story from Colorado points out that Boards are often faced with issues that don't deal with just the property and finances.

CO: HOA will not force woman to stop flying flag upside down
A homeowners association has decided not to fine or try to force a woman to stop flying an American flag upside down outside of her home....

CO: Text of the HOA statement
The Cambridge Park Homeowners Association, Inc., through its legal counsel, Lansky Weigler, P.C. issues the following statement:...

Condos at Sea: A World Apart

This series of article covers a new trend in cruise ships, condo ships where the staterooms are more akin to apartments owned by the residents. Only one ship is currently sailing, The World from the company ResidenSea, but two other ships are in the development stages and both promise to be beautiful ships, The Magellan, a project with the ship currently construction, and a ship from the Four Seasons hotel company.   Read Part I         Read Part II


 
Breaking the Mold

It's in the air we breathe, the food we eat and on most everything we touch. It can turn milk to cheese or destroy an entire silo of grain. And like asbestos and lead-based paint in the past, it's the current focus of media hype, multi-million dollar litigation and widespread health fears.

The culprit is mold, an essential part of the world's ecosystem. The tough fungus, which is represented by more than 100,000 varieties, travels as an airborne spore until it finds a moist, organic surface. Then it develops into its unpleasant counterpart - a dark, wet-looking substance that often smells as bad as it looks.

But is it really a health hazard?  Read More


Documentaries will explore what makes Ladera Ranch work

Want to know what happens to all the community's green waste or how the laser-guided robots clean the village pools? Tune into the first community association-sponsored documentary series "Focus on Ladera Ranch".  For example, Ladera Ranch has state-of-the-art fiber-coax network technology, natural water filtration systems and green waste recycling programs that are the envy of horticulturists, a complex central irrigation system that saves millions of gallons of water and laser guided robots cleaning the pools at night.  Each episode is accessible for residents and non-residents of Ladera Ranch to view.  Read More and view  (Click on "Focus on Ladera Ranch" in left column)


The New Rules for Recruiting Volunteers

If volunteering since September 11 has experienced a full-scale revival, why are so many condominiums still struggling to fill boards and organize events? The simple answer is the condominiums are not asking potential volunteers the right way, according to Thomas W. McKee, the owner of VolunteerPower.com and co-author of the upcoming book, The New Breed: Recruiting and Managing the 21st Century Volunteer.  Read More
Julie AdamenManaging Micromanagement Part III - The Why and How: A guide to make everyone’s life a little better   

For the past two issues we have been discussing micromanagement: Why Boards do it, how they do it (May, 2007) what it costs us as an industry and what we can do about it in the long run (June 2007). As promised, here are some tips for managers in the trenches on dealing with their micromanagers on a shorter-term or day-today basis. Read More


Richard ThompsonHOA Insurance Bid Steps    
Purchasing homeowner association insurance is one of the most important buying decisions the board will make. The decision addresses risk management and must meet or exceed any insurance requirements mandated by the state and the HOA's governing documents.
 Read More


Income Taxes: The Effects of Unusual Condominium Transactions 

The impact of income taxes on condominiums and homeowners associations (common interest realty associations, or CIRAs) often is misunderstood by unit owners and managers. A primary reason for this misunderstanding is that most associations are formed as not-for-profit corporations, which does not mean non-taxable under our Internal Revenue Code and state tax laws   Read More


Avoiding Legal Nightmares:  Have No Fear

We all have nightmares. Whether it's hungry sharks nipping at our feet or shadowy figures lurking in the woods, there will always be things that wake us in the middle of the night. If you're a co-op or condo owner, manager or board member, your nightmares may be a bit more specific; perhaps they involve feuding board members, or contractors gone awry, or worst of all, a tangled web of litigation that gets more snarled the more you try to free yourself. Read More


 
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Editor's Notes 
Don't forget that we now have to divide our mailings over two days in order to get around out mail server (RoadRunner) arbitrary limit on outbound e-mail.  You'll receive your copy either Tuesday or Wednesday.

Well, the new site has finally been posted and comments are starting to come in. The site is still very much a "work in progress" and your comments are always welcome.

Joe
 
What's New in the Blogs
California Condo & HOA Law - has two new posts on "Assessments - What is Legal?" and "Prepare to Beware - Are HOA Transfer Fees Onerous....Or Not?"

The Community Associations Network responds to "It's Just Not Fair!"

HOA Legi-Slate looks at the flag issue in Colorado discussed in the lead article

The Colorado Homeowners Association Law blog also looks at the flag issue in our lead article and also owners working on their unit and possible effects to the association.

New Jersey Law Blogdeals with coops and legislation regarding capital contributions

California Condominium Law  looks at "Allocation of Assessments"

The Virginia Condominium & Homeowner Association Law blog looks at "Monitoring the Annual Budget" and "Transition"
CAN
 
The Community Associations Network
Contact CAN at: t: webmaster@communityassociations.net  
Welcome to the Community Associations Network E-Newsletter. The newsletter consists of links to news items and articles about community associations from around the country. The Community Associations Network has been created to bring the vast resources of the internet to one location to make it easier to find information and answers to your questions.  CAN is NOT responsible for the content or the articles or news items or for link continuity.
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