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September 25, 2007     Vol. 4 Issue 19 
News 

CO: Success of HOA depends on the board
As president of the Southridge Community Association I would like to offer a slightly different perspective on homeowners associations as presented in the Sept. 2 article by Hallie Woods....

FL: Roofing dispute leaves water dripping in Pembroke Pines condo
Howard is threatening to sue the association for the remaining $600,000. If the board dumps Howard, the 66 condo owners may each be assessed hundreds of dollars more each month to pay a new roofer. Many already pay $500 a month in maintenance fees at the 30-ye...

TX: The Woodlands looks toward one governing body
Since its inception, The Woodlands has been unique in setting the bar for master-planned communities, so it comes as no surprise that it's moving forward on a political experiment that's never been tried before....

SC: Limits for homeowner associations sought
Orbik and other homeowners are organizing a new homeowners rights group, with a goal in part, of getting laws passed that will place more oversight and accountability on homeowner associations....

NV: Residents of burned condo complex reunite, express gratitude
A week after a fast moving fire destroys everything they have, residents of a local apartment complex meet those who came to their rescue...

MT: Law change puts rural condos on same level as subdivisions
While developers of rural subdivisions had to worry about things like making roads wide enough for emergency vehicles, or getting comment from neighbors, those planning to build condos faced no such scrutiny

FL: Condo Conversions Gone Bad
Several apartment-turned-condo complexes in the Jacksonville area are swimming in lawsuits, with complaints filed against developers, against homeowners and against condo associations....

Nostalgic Boomers preserve, enhance ranch-style homes
The postwar ranch-style home has been called cookie-cutter and "the poor stepchild of American architecture," but there's a growing appreciation for ranches and the furnishings that go with them, says Michelle Gringeri-Brown....

PA: Condo developer admits bribing official for tax help in Philly
A Philadelphia condo developer admits he gave a $20,000 bribe to a city real-estate assessor to lower his property-tax bill...

CA: Homeowner Protection Act clears Legislature
Homeowner associations, which already act like little governments, would have to hew to some of the standards of larger regulatory bodies under a proposed state law that has gotten unanimous approval by the California Assembly and Senate. SB 528, authored by s...

NC: Grass must be green, HOA decrees
Amid record drought and heat that have pushed Raleigh into severe water conservation measures, residents of the Margot's Pond community off Ligon Mill Road have been told by their homeowners association to keep the grass green....

FCC may ban cable exclusivity deals
Federal regulators appear set to crack down on cable companies that sign exclusive deals with apartment and condominium buildings, denying residents the fruits of emerging pay-TV competition....

FL: Massive Water Bill Soaks Condo Owners
Last month's water bill was unlike any R.W. Unkefer or his neighbors had ever received. "Just aghast, getting a bill like that -- nearly $1,000 a unit," says Unkefer....

FL: Ruling on pickups won't wipe out bans by condo associations
`Residents of condo and homeowner association communities who want the right to park pickups in their driveways shouldn't look to a recent appeal court decision for relief, legal experts say. That ruling applies only to cities....

VA: Neighborhood Statue Causes Stir
A Ruckersville neighborhood is up in arms about a statue, although it's other parts of the anatomy that are the real issue. A small version of Michelangelo's "David" put in a front yard is being called anything from x-rated to art; it just depends who's lookin...

MI: Couple vows to fight to keep Web site for condo owners
James and Helen Cunningham say they are staggered by a bill from their condo association for more than $3,000 -- the attorney's fees racked up by the board of directors so far in suing the couple in Genesee Circuit Court over the site...

FL: Aventura condo campaign turns violent
Meuret was passing out election fliers on the 18th floor at the Coronado condominium, 20379 W. Country Club Dr., when Frank asked him not to place a flier under her door, police said.... 

CO: HOAs elicit mixed opinions
When Amber Autenrieth writes her monthly $140 check to her homeowners association, she grits her teeth...

FL: A no-air conditioned nightmare
Residents say the complex has tens of thousands of dollars in unpaid electrical bills. They're not sure if the condo association or the property owners owe the money....

AZ: HOA Flag Flap Unfurls Raw Emotions
An Apache Junction man was given an eviction notice from his homeowner's association because of the American flag he was flying in his front yard....

AZ: 6 suffer carbon monoxide poisoning at Tempe condo complex
The Tempe Fire Department said a running generator inside a unit at a Tempe condominium complex is to blame for six cases of carbon monoxide poisoning....

CO: Copper Thieves Now Stealing Irrigation Pipes
Donelson said his condo complex knows these thefts are an increasing problem in the metro area, so last week they voted to buy cages to be placed on top of the irrigation units....

MD: Townhouse owners find management unit less than helpful
Now Daniels has multiple issues regarding her quiet 175-unit community in the Collington Ridge section of Pointer Ridge. Throughout the past year, the Indiana native has battled her homeowners association as well as unruly teenagers and young adults who have m...

IA: Truce reached in smoking fight at condo building
It didn't make the headlines, but peace and understanding seem to be breaking out between the smoking and nonsmoking factions at 3663 Grand....

FL: Insurer ordered to pay $8.1 million to condo
In what was described as a victory for condo owners who are battling their insurers, a federal jury today found QBE Insurance acted in bad faith and ordered it to pay a Boca Raton condominium $8.1 million for damages it sustained in Hurricane Wilma....

FL: Polk County Condo Complex Has Power Shut Off, Water To Come
Dozens of Polk County families will spend another day in the sweltering heat without electricity, and on top of that could have their water shut off Wednesday...

FL: Century Village criticized for spending $11k to alter elevator for Sabbath
They persuaded their board to spend $11,000 to convert the elevator so it automatically stops on each of the four floors during the Sabbath. But two of the owners, who are also Jewish, are angry their money will be used for a religious accommodation....

IN: In Greenwood, Home Projects Might Need Neighbors' OK
Greenwood's city council is considering an ordinance that would require homeowners to get approval from their neighborhood association before obtaining a city permit for home additions....

IL: Bird lover on limb over feeder rules
Her world was given a seismic jolt last month, when her condo's management company, Lieberman Management Services, ordered her to take the bird feeder down. Saying the old feeder was attracting rodents, the property manager told Scott she must replace the open...

TX: San Antonio Helps Victims of Massive Condo Fire
A fire took everything from more than a dozen families this weekend. But San Antonians from across the city are helping people who used to live at the Castlewood Condos on Medical Drive....

FL: Attorney General Says Woman Can Keep Cat In Condo
A lawyer at the state attorney general's office saw the story and issued a demand letter to the association....

CA: HOA Should Be Sure Workers are Insured
California homeowner associations (HOAs) and HOA management companies will want to pay attention to a recent ruling coming out of the state's Second Appellate District. The case, Heimen et al. v Worker's Compensation Appeals Board, involved the claim of a work...

IL: The rise of rain gardens
A professional conservationist in Schaumburg recently volunteered to plant a large rain garden for his condominium association....

CT: City condo building sinking, in danger of condemnation
The city is looking at ways it may be able to help prevent condemnation of a small block of condominiums on Blakeslee Street....

 

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


2007 Advertising Policies and Rate Sheet
Word Doc      PDF
Articles 
Four Insurance Articles from "The Cooperator"

Unusual Insurance Claims

The world of insurance, although not necessarily simple, is usually cut and dry, not the stuff of excitement. While condos and co-ops have insurance for the common areas like roofs, stairways, lobbies and often the apartments as well, the practice of individual unit owners buying homeowners' insurance is more and more common. Developments and units can be insured, among other things, for fire, theft, natural disaster and water damage. Most boards' dealings with insurance companies, including its agents, brokers, claim examiners and underwriters, are routine and predictable. Read more

Filing an Insurance Claim vs. Settling

Sometimes bad things happen to good buildings. It's just a fact of life. And sometimes, bad things happen to good buildings with an unforeseeable and unavoidable frequency. That is also a fact of life. Usually, when those bad things happen, the building's insurance carrier is there to step in and make things right.   Read more

Getting Dumped By Your Insurance Company

Simply put, insurance equals protection. Insurance will help protect your investment if your building is damaged or destroyed by fire or other causes. Public liability coverage will protect you if someone is hurt in the building and sues you. This insurance is vital to the financial stability of a building—without it, and one big loss can place a building in financial turmoil.    Read more

Reducing Liability in a Co-op or Condo

Insurance can be a hassle to deal with when it comes to your property, but failing to pay attention to the details of your policy could cost you money now and in the future. Knowing the specifics of your building's insurance policy, and also being familiar with the property that the policy covers, can save you money now and for many years to come. While the necessary insurance coverage for a building can become expensive—it doesn't have to be, and you don't have to be an insurance broker to figure it out. Board members can work to reduce insurance liabilities in their co-op or condo buildings, and thereby benefit all of the residents.   Read more

Technology is Transforming Community Management 

It’s decision time at a meeting between a board and a property manager and the discussion takes an unexpected turn to a document that is back at the property manager’s office. Missing from the discussion is an obscure line item from last year’s budget – which the board needs RIGHT NOW to make a vote.  For Lisa Doran, president/owner of New England Professional Management, LLC, in Soughton, Massachusetts, such a challenge can be easily met with the latest technology. Doran whips out her specially equipped cellphone/ Personal Digital Assistant (PDA), uses its miniature keyboard to navigate to her office computer’s hard drive and calls up the missing document. With the information displayed on her PDA’s screen, the discussion can move on and a board vote made on the spot.   Read more


Beat Summer Heat - Think Snow!  

With the late summer heat upon us and the Labor Day holiday soon to be in the rear view mirror, associations should be gearing-up for winter.  With the horrors of last winter still lingering both financially and emotionally, many associations are still dealing with the ramifications of poorly drafted snow removal contracts.  This problem was further compounded with unprepared associations and snow removal companies that did not know when or where to pile the plowed snow.  A properly drafted snow removal contract will ease the pain of both the board of directors and homeowners alike.    Read More


 
HOA Records in Record Time

Richard ThompsonA homeowner association is a business and, like any business, it generates documents and records. Invoices, bank statements, meeting minutes, contracts, communications with owners and vendors, committee reports ... the list is endless and the document management task can be onerous. While not all HOA documents are of equal importance, what is and what is not essential can be unclear. However, good business practice dictates which records should be preserved and for how long.   Read More


Borrowing Wisely: Do the Math to Avert Financial Disaster

You just got a notice from your condominium board of trustees that they need to spend $3,250,000 on major projects that have been put off for many years. In theory, everyone has agreed to put off the repairs in favor of “saving” on the monthly condo fees. For the past several years, the roofs, windows and paving have been neglected and now it’s time to pay the piper. This is the situation that a unit owner in a 75-unit complex now faces. The amounts that have been set aside in the reserve fund for these projects total only $250,000. The project needs to be done starting in the spring of 2008 and completed by the end of summer to avoid additional costs. How does the board handle the problem and how does it impact you as a homeowner?     Read more


Marketing the Community Association

It's no secret that sales of existing homes and condominiums across the country are declining. Statistics from the National Association of Realtors indicate that sales of existing homes fell 8.5% in 2006. Projections indicate this trend will continue in 2007 and beyond. The reports also show that listings are staying on the market longer and are selling for lower prices. When faced with these depressed market conditions, it becomes ever more essential to market your community association. Whether you are a manager, a board member or a homeowner, marketing your community can help improve sales and increase sales prices.   Read more



The Consent Agenda: A Tool for Improving Governance

More often than not, nonprofit board members find themselves in meetings that are filled with the least interesting and least challenging issues. Many board members and chief executives struggle to make board meetings valuable to the organization and the individuals in attendance. A consent agenda can turn a board meeting into a meeting of the minds around the things that matter most. A consent agenda is a bundle of items that is voted on, without discussion, as a package. It differentiates between routine matters not needing explanation and more complex issues needing examination.    Read More  (PDF)
Decoding HOA Internet Liability Exposure

If an HOA has an Internet presence, does the association's potential for liability exposure increase? If so, to what extent is insurance available to protect an association (and its manager) against this exposure? Answers to these questions depend both on the content of the Website and the nature and extent of insurance protection purchased by the association. If the HOA has a "presence-only" Website—the equivalent of an online brochure—the exposure is minimal. However, if the Web content is more robust, there is increased potential for Internet liability. In today's climate, commercial general liability coverage maintained by the association is not likely to respond to most Internet-related liability claims. In December 2001, in response to carriers' growing concerns, the Insurance Service Office (ISO) implemented major changes to its general liability forms and endorsements. (Since 1971, the ISO has provided standardized policy language for insurance carriers to use in building policy forms.)   Read More
How to Shop for a Security Company 

Ask for Homeowners Association References. Providing security services to a homeowners association is an entirely different environment than an office building, industrial property or a parking lot. Most security companies focus on commercial properties since that segment represents 82% of the security market. Find a security company that specializes in homeowners association security because it will "bring a lot to the table" as opposed to adapting its security function to an association.       Read More

The Latest in Security Hardware

CCTV, Remote Viewing, the latest requirement in Closed Circuit Television, enables you to monitor your property remotely over the Internet. With this type of camera system, there is no need for any stationary guard to view the activity. Everything is recorded and stored in the memory of the hard-drive and can be played back to a specific date and time with the ability of the system to "zoom-in" on certain vehicles, license plates or facial features in the event a positive identification is needed in the future.  Read more


Insurance Appraisals for Community Associations

With the rapid rise in property values, associations are  potentially putting themselves in danger if they have not  had a recent Insurance Appraisal for their structures.   Though an association is run by volunteers, the Board is  still required to use good business judgment when covering  the association’s structures with proper insurance and  accurate amounts.     Read more



Checklist For Vendor Contracts: A Guide for Community Association Managers

There are essential clauses that should be part of every contract between a homeowners association and its vendors. These key terms give the association substantial legal benefits in the event of a dispute, mediation, arbitration or lawsuit concerning non payment or a failure to properly perform contractual duties. These protections will only be assured by using a properly drafted association form of agreement supplied by the association, or negotiating with the vendor to include them in the form of a contract provided by the vendor. Sadly, many associations routinely sign the vendor's agreement placing themselves at a strategic disadvantage.   Read More
 
 
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Reserve Fund Essentials
A refreshingly readable and levelheaded 17-chapter  book on fund-related how-to’s and must-do’s to keep balances healthy. Check it Out

2007 Community Association Manager Compensation & Salary Survey

Are you earning what you’re really worth? Visit CAI’s bookstore today and find out.


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Editor's Notes 
We RememberRemember 9/11? Not well enough



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

Joe

New Audio/Video
At Odds With Your HOA? You're Not Alone
A new ServiceMagic.com survey shows that a majority of people don't care for their Homeowners Association. David Lupberger, ServiceMagic.com's Home Improvement Expert, talks about the problem and what to do about it.  View Video

Ladera Ranch - "What's Cool at the Pool"
Did you know that there are fish in the Terramor Aquatic Park? Where are they and how did they get there? Did you know that robots roam the pools at night? Not only are Ladera Ranch's 12 pools, 4 water play areas, 2 wader pools and Aquatic Park each unique in their aesthetics, they also utilize state-of-the-art technology. From laser guided robots to chemical automation, there are a lot of behind-the-scenes activities that most residents have never seen.  View Video
 

What's New in the Blogs
Needed: Better Disclosure, State Guidelines for Boards and Owners
More On Contracts - I Promised This
Temporary Restraining Order Granted to Stay Implementation of New DHS Rule on Unauthorized Aliens
Organizational Health -The Road to Recovery
Who's Minding the Store, Part II

Trash Collection

Seven Steps for Insurance Protection

Reasonable Attorney's Fees - a Subjective Standard

2008 Law Seminar - Save the Date

Important Oklahoma Law Update

Should all deck coating systems installed in California be required to be "One Hour Fire Rated"?


Winter Care for Container Water Gardens & Small Ponds






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