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September 25, 2007     Vol. 4 Issue 19 
News 

CO: No computer? No luck in finding info about HOA  It's a growing trend in Springsarea neighborhoods. More HOAs turn to the Internet to post covenants, bylaws and other legal documents for easy owner access.... 

FL: Condo-buyers' suits in Florida continue to rise  A growing number of buyers, who eagerly locked in prices during the Florida condo boom's height only to see the market collapse before their units were built, are suing to recoup their deposits and get out of their purchase contracts...

FL: County may cover Bird Lakes' costs
Looking to the future, county and state officials promise to pay for Team Metro's mistakes, absolving Bird Lakes residents of any responsibility. The bill will cost county taxpayers up to $250,000....

FL: West Boca Raton condo association sues resident over loud TV  Now the spat has landed in Palm Beach County Circuit Court, and the La Paz Condominium Association is asking a judge to order Bishins to turn down her set or face the consequences - everything from fines to even a day in jail...

CA: Residents angry at students' behavior
In a clash that was bound to happen in a city with a growing university, owners of luxury condos are complaining about students partying and acting wildly....

NY: Condo Community Residents Victims Of Hate Crime  In Freeport, Long Island, the owners of a condo in a gated community are disturbed after their front door was defaced with anti-Semitic and anti-gay graffiti on the verge of the observance of Yom Kippur....

FL: Web dispute rages in Sarasota   Zaki is at odds with the homeowners association in his 254-home community called The Hamptons, which wants to prevent him from sponsoring a Web site he calls HamptonsNBC...

FL: Former condo president in Hollywood accused of stealing insurance premiums
Authorities have charged the former president of a beachside condominium with grand theft for using condo funds to pay health insurance premiums for herself and her husband....

OH: Condo owners file suit  A group of former Millstone Condominiums owners have united to file a court complaint, saying their mortgage lenders failed to make sure adequate flooding insurance was in place during the flooding of July 27 and 28, 2006....

MO: AG alleges condo developments at Lake of the Ozarks discriminate  The design and construction of eight condominium developments at the Lake of the Ozarks violate the Missouri Human Rights Act by discriminating against the disabled,...

SC: Homeowner says 'no' to taking down American flag (also video)  Driving through the Bethelfields neighborhood in York, you can see it's a very patriotic community as American flags are flying outside many homes. But there's one flag that the homeowners association has a problem with....

MI: Mr. Hockey faces off with spying neighbors
Howe, who has been the subject of a residential association dispute for more than a year, this week won a temporary restraining order barring the neighbor from spying on his home with a surveillance camera....

GA: Manager gets 3 years probation for fraud
Ray, 37, of Blackshear, plundered the bank accounts of the Laurel Grove Homeowners Association and Belle Point Homeowners Association to finance Internet shopping sprees for clothes and other personal items, an FBI investigation showed....

VA: Henrico's Lost Lake Is Disappearing, Lawsuit Alleges   Members of the Lost Lake Association in Henrico County are worried that their neighborhood pond is living up to its name a little too well....

CO: New math: regal homes + sheep = low taxes   But Gray Head is suing to overturn San Miguel County's ruling. An attorney for the development says the sheep grazing is a legitimate agricultural use, and he says the homeowners have state law and reams of court cases on their side....

FL: Women fight back against their HOA
A group of women who are disabled may risk getting kicked out of their house by their homeowner's association. Now they're fighting back....

MA: Randolph condo owners knock idea of requiring lifeguards at pools  Residents and managers of the town's condo complexes are strongly opposed to a proposal that would require lifeguards at their pools....

AZ: New laws to limit homeowner association powers  Perhaps the most sweeping of the changes affecting HOA's is they can't keep kids from playing in the street. A law adopted the Legislature this spring says associations cannot have rules banning children who live in the community from being in the street. Th...

MN: A senior condo puzzler: Safety vs. privacy
Balancing the rights of the individual and the community is a legal minefield....

FL: Governor wants to ax office of condo ombudsman  Gov. Charlie Crist has proposed eliminating the popular Condo Ombudsman's Office, a budget cut that is drawing strong opposition from condo dwellers, consumer advocates and state leaders in Crist's own Republican Party....

FL: West Lake Worth residents want subdivision gated after crime wave  In the last week the Sherbrooke Estates subdivision has been hit with six car break-ins, an armed home invasion and a burglary....

MA: Long legal battle over chair lift may force couple to move   It cost the Stavises about $2,000 to install the lift in July 2002. Then in October of the same year, St. Pierre told the couple in a letter that he had made a mistake, that the lift violated the building code and would have to be removed as soon as possible....

NM: Water cutoff forces condo dwellers to bottle up  Burgos said residents of the 30-unit cluster on top of Camelot Mountain first were victimized by the property manager for allowing the bill to go unpaid and now are being victimized by the Ruidoso Water Department....

AZ: Sign prompts anger in Esperanza Estates
the sign constitutes another chapter in an ongoing saga in the subdivision between those providing food and water to illegals and residents who are opposed to such actions, fearful about the consequences, and angry that illegals are an ongoing presence in thei...

NY: Highlands parents vent frustration over ongoing bus stop predicament
...the town and town attorney haven't been clear in providing the HOA an unequivocal road map for the legal process, instead submitting its requirements in piecemeal fashion, leaving the HOA racking up attorney fees as they run back and forth between their law...

FL: County Won't Turn Water On At Condo
County commissioners voted unanimously Wednesday to refuse resuming water service at Tropicana Resort until the owners pay the $47,000 utility bill....

AZ: SCHOA wins lawsuit, incurs $12,000 in legal fees The Sun City Home Owners Association won a lawsuit over what one board member called "silly violations," but in the process the organization ran up a hefty legal bill affirming that the covenant, codes and restrictions of the community are its jurisdiction....

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2007 Advertising Policies and Rate Sheet
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Articles 
Smooth Transition from the Developer to Owners Puts New Communities on the Path toward Successful Self-governance

Stephen MarcusBehavioral scientists differ on whether it is the first three minutes, the first three months, or the first three years that are most important in the development of a child.  But they agree that what happens or doesn’t happen during the formative years, however defined, plays a huge role in determining a child’s future well-being and success.  A common interest ownership community also goes through a formative period comparable to a child’s early years.  And for a newly minted homeowner association, it is the transition from developer to owner control that plays the pivotal role, shaping the community’s future development and largely determining its chances for success.  What happens before, during and after the transition will determine whether a fledgling association gets off on the right foot on the path to self-governance or stumbles out of the starting gate and then struggles, perhaps for years, to find its footing and regain its balance.  The transition, in short, can make a new community or break it.  The time for owners to begin thinking about the transition and preparing for it is long before it occurs.   Read more


Rules and Regulations:  Adopt and Enforce - As a Rule

Associations often under-utilize Rules and Regulations. Rules and Regulations are specific guidelines and policies relating to the day to day operation of an Association. Unlike other Association governing documents, Rules are generally easy to adopt and modify because they are typically adopted and amended by the board of directors without member input or approval. Home owner involvement is not typically required to modify or amend the Rules and Regulations.    Read more


Taking Control of Bothersome Birds   

Grounds managers face many challenges with pests that damage the health and appearance of their landscapes. When some managers think of pest management in the landscape, they automatically think of controlling diseases, insects, weeds, and animals, including deer and moles. Birds usually are not considered major pests, but they can and do cause serious problems for people, plants and structures, and managers cannot afford to ignore their presence.    Read More


 
HOA Insurance Deductible Resolution

Richard ThompsonWhenever an insurance claim is filed, the issue of the deductible always raises its ugly head. The issue get more complicated when the claim involves a unit owner who is responsible for all or part of the claim. Since it's only a matter of time before the next claim will occur, be prepared by adopting a resolution that will give guidance on how the deductible question will be handled.  Read More


“IF YOU CAN KEEP IT”  - CREATING AND KEEPING GOOD LEADERSHIP

An association can’t buy good leadership.  The unit owners have to demand it, and the association’s current leaders have to identify and train their successors as early as possible.       Read more



Fall Groundwork

"This is prime time to prep your yard for the next growing season," says This Old House landscape contractor Roger Cook. Cooling temperatures slow aboveground growth, and moister soil encourages strong root development. Removing spent stems, dead branches, and heavy leaf cover protects plants' overall health. Read on for Roger's fall checklist.     Read More 

Fiduciary Responsibility of Association Directors: Practical Application of Legal Theory

The law of fiduciary responsibility can be viewed as having two purposes. The first is moral or educational in nature. The law sets a standard for appropriate conduct of association directors. It is intended to guide proper conduct and avoid inappropriate actions. The other role of the law of fiduciary duty is to act as a practical tool for restitution. If a homeowners association is damaged because of a breach of fiduciary duty by the director, the law affords a remedy to recover the resulting damages. A wealth of resources are available to directors to assist in understanding and meeting their fiduciary responsibilities. Books, pamphlets, magazines and newsletters are one source of information. Professional advisors, including attorneys, accountants, reserve study consultants, engineers, architects, insurance brokers and community association management consultants are among the paid advisors who may be engaged to advise on either a narrow issue or more broadly to help directors understand and comply with their legal standard of care.    Read More

The Right to Dry: A Green Movement Is Roiling America 

It was a sunny, 70-degree day here in Awbrey Butte, an exclusive neighborhood of big, modern houses surrounded by native pines. To Susan Taylor, it was a perfect time to hang her laundry out to dry. The 55-year-old mother and part-time nurse strung a clothesline to a tree in her backyard, pinned up some freshly washed flannel sheets -- and, with that, became a renegade.  The regulations of the subdivision in which Ms. Taylor lives effectively prohibit outdoor clotheslines. In a move that has torn apart this otherwise tranquil community, the development's managers have threatened legal action. To the developer and many residents, clotheslines evoke the urban blight they sought to avoid by settling in the Oregon mountains. 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 our mail server's (RoadRunner) arbitrary limit on outbound e-mail.  You'll receive your copy either Tuesday or Wednesday.

Joe

New Audio/Video
Common Interest Radio - Reserve Studies and Investment
As part of this month's series, "Financial Matters", this week's show discussed the importance of Reserve Studies & Investments for Associations, Board members, Managers & unit owners. Focus of the discussion(s)was on the purpose/objective of the Reserve Study & Investments and how they affected the financial planning of the association. Prospective was given from the lender side as well as the management side.
 

What's New in the Blogs
Arizona legislature - more liability for HOA's

What Board Conduct is Acceptable?

Organizational Health -The Road to Recovery

Intrinsic Threat: Who's Minding the HOA "Store"? PART TWO

Fidelity Bonds

New York Condominiums and Cooperatives: Judicial Review of Board Decisions

Flu Clinics in Your Community

Condo Management Options

CAN
 
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