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October 23, 2007     Vol. 4 Issue 21 
News 

FL: Contaminated condo site gives up on sugar method  Sugar, it turns out, was not such a sweet solution for cleaning up ammonia contamination under Biscayne Landing, a major condominium and retail project in North Miami going up on the site of a former dump....

CA: Many HOA's in danger from wildfires
Residents of Lake Forest and in Modjeska Canyon ran from their homes as the fire swept toward them and near a neighborhood of newer homes in Foothill Ranch....

Canada: Residents of condo hit by plane don't know when they can return  People forced out of their Richmond condos, after the building was hit by a plane on Friday, don't know when they will be allowed to return. 105 units are still off-limits....

FL: New Tampa residents protest over services
Home shoppers who ventured Sunday into the Live Oak Preserve found a mixed message: In the sales centers, they were invited to buy homes. On the street corner, residents warned them not to....

CA: Juvenile Mountain Lion Found In HOA Backyard  It had been eating the dog food left out in the yard, Stanford said. The woman went inside and called the president of the homeowner's association, who in turn called police (add this to the list of HOA Presient's duties - ed. note)...

CA: San Mateo realtors say smoking ban hurts condo sales
Is Belmont's new anti-smoking ordinance scaring people away from the city? That's the implication behind a statement released Friday by the San Mateo County Association of Realtors, which opposes the city's ban on smoking in multiunit buildings....

FL: Homeowners groups enlisted in terror fight
Palm Beach County emergency managers hope they have found a new group of foot soldiers in the war against bioterrorism: country clubs and condo board presidents....

NY: City Overlooked Building Flaws in Brooklyn Condo Project  But while the understaffed Buildings Department, outmatched by aggressive developers, has often been shown to fumble inspection and enforcement, rarely has the department so repeatedly rebuffed complaints about a project that it now admits it should never have...

MN: Foreclosures 'like a cancer' for some communities  Of the 21 town homes, nine are in foreclosure, according to Rocco, the association's 37-year-old president. The group can't fix Riverview's rotting siding because it has just $37 - plus $5,000 in debt it can't pay and a ledger filled with unpaid monthly dues a...

FL: No mail delivery boggles minds of residents at The Cottages  Edmunds isn't alone. He, along with the rest of the year-round residents at The Cottages at Naples Bay Resort, haven't had the mail delivered to their homes since they moved in, said Yasmeen Wilson, president of the condo association....

When Your Home Is Not Your Castle  At first, you might think a homeowners' association is a cute way for neighbors to work together on holiday decorations or to keep the neighborhood park clean. But in many cases, homeowners' associations are serious business, where disobeying their rules can l...

FL: Sunny Isles Condo Still In Shambles After Wilma  Residents in a Sunny Isles Beach condo damaged by Hurricane Wilma are still dealing with problems two years after the storm....

NJ: Condo group wants rules eased
Representatives of the Essex and Sussex oceanfront condominium complex have requested some relief from the borough council of decade-old restrictions on how the complex operates....

NC: Homeowners association boards deserve respect   I have served on the boards of three homeowners associations, and I've talked with people who have served on other boards. The problems are much the same in each: snarling residents who don't get their way, rules ignored, deadbeats who don't pay their dues, pe...

IL: Suit Blames Condo Management Firm For Tenant's Rape  A North Side woman Wednesday accused her condo's management company of leaving a wall unfinished, allowing a man to sneak into her unit and sexually assault her....

FL: Condo Owners Upset Over Rate Hike In HOA Fees  Sluggish sales and high foreclosure rates are causing higher bills for some condo owners....

AZ: HOA loses appeal, foreclosure case is thrown out  A homeowners association can't foreclose on someone's house for not paying assessments if it can't prove the owner was served with the lawsuit, the state Court of Appeals has ruled....

HI: Landscaping Mulch Turns Out To Be Environmental Hazard   Members of a Mililani-area homeowners' association found out they unknowingly created an environmental hazard when they thought they were making harmless mulch for landscaping....

FL: Condo board complaints rise dramatically
Figures compiled by the state Division of Florida Land Sales, Condominiums & Mobile Homes show condo owners filed 2,682 complaints against their boards as of June 30, compared to 1,413 complaints filed in the year ending June 30, 2002....

NJ: Managing conflict in condo communities
With a new Commissioner of Community Affairs in place, and in Joe Doria, having a seasoned legislator of considerable talent, perhaps there will be a response to the opportunity created by the Supreme Court's decision in the Twin Rivers case to improve governa...

MA: Delinquencies at condos can cost neighbors
"If one owner is unable to pay, then the other owners are left holding the bag, so to speak," said attorney Janet O. Aronson of the Braintree law firm Marcus, Errico, Emmer & Brooks, which represents 2,700 condo associations in Massachusetts, New Hampshire, an...

FL: Federal Jury Verdict for $41.5 Million for Condos Against Insurance Co.  The developer of Tidewater Beach Condominiums on the Gulf of Mexico in Panama City Beach, Florida received a unanimous jury verdict Friday evening, Oct. 12, against Defendant Axis Surplus Insurance Company for just over $41.5 million....

WA: Dealing with a combative owner
Q: How can condo boards protect themselves from an association member who harasses and insults board members on a continuous basis? In our case, the individual has a long track record of circulating hateful letters about the board to other owners, attacking in...

FCC Eyes Ban on Condo Cable Deals
The Federal Communications Commission (FCC) is considering banning exclusive agreements between cable companies and owners of condominiums and apartment buildings, saying the practice closes off competitive choice for individual owners and tenants....

GA: Measure passed to make way for speed humps  For residents who live on Windmere Drive in the Hidden Creek subdivision, the cause for alarm about how people traversed the neighborhood's main thoroughfare was a call to action. Now the subdivision will be the first in unincorporated Walton County to utiliz...

N.C. group pays tribute to HOA off Lawyers Rd.
Residents of Emerald Lake say that spirit of familiarity and looking out for one another is part of what makes their neighborhood great. The N.C. chapter of the Community Associations Institute agreed, awarding Emerald Lake the 2007 Homeowners Association of t...

FL: Century Village president sued over recreation fees  A $10 million legal battle over recreation fees at Century Village got personal this week when the company that owns the social amenities in the massive retirement community off Okeechobee Boulevard filed a lawsuit against the president of the development...

AZ: HOA dispute evolves into idea for business
The retired Army captain is working on building "a virtual HOA," a community that allows residents to do everything online: pay their HOA dues, manage their fines, learn about code violations and, most importantly, facilitate conflict resolution, he said....

MO: Daycare Parking Lot Blocked  A recent vote by management at a condominium complex will make it more difficult to access a daycare facility on one of Columbia's busiest roads....

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


2007 Advertising Policies and Rate Sheet
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Articles 
Stephen MarcusInsurance Coverage Gaps Are Common for Community Associations and Costly for Owners 

Ask an audience of community association board members if their communities are “fully insured,” and you will almost certainly receive a unanimous and confident show of hands.  Ask if they have reviewed their insurance policies in recent memory, or have ever read them at all, and the hands will begin to waiver.  If participants are honest, the show of hands should all but disappear.  That’s not surprising.  Insurance is complicated, dry, and unlikely to be a favorite topic of conversation for anyone, with the possible exception of insurance professionals and their close relatives.  As a result, many communities have serious coverage gaps that often do not become obvious until after a disaster, when the insurer pays less than the amount of the loss, or declines to pay anything at all.   Read article


Odd Man Out

There’s always one. At least one person in every community that makes your job that much harder! There is one person that, no matter what you do, isn’t satisfied that you have done it good enough or fast enough. You can stay up hours after a meeting to complete the minutes, email them to the Board, and do five of the ten things on the “To Do List” by 9am the next morning following a meeting. . . and they wonder why you didn’t do the other five things first. You can take five steps forward for a good deed done, and then go tumbling down the hill when that one person spreads misinformation within the community about you. You won’t ever be appreciated by them, but you continue to try. Why?   Read more

The Value of Professional Advice

Behind most successful communities you will find a dedicated, hard-working board; an equally dedicated and equally hard-working manager; and an array of professionals providing the specialized legal, financial, and technical advice communities need. It may not take a village to run a common interest ownership community, but it does take a fairly large team, and it helps a lot if team members not only understand their own roles, but also play well with others    Read more


Julie AdamenThe Secret To Community Management     

I’m going to go out on a professional limb here and admit this subject may be a rather frou-frou[1] to some, and at least it is more so than about which I usually write. Lately I have been enmeshed in some self-examination. Maybe it’s just middle-aged wanderings, but amidst those wanderings, I picked up a copy of the controversial and best-selling book The Secret by Rhonda Byrne[2]. I devoured the book in an hour was struck by one all-pervasive thought: I have been using and living  many of the tenets outlined in The Secret my entire life, to good and bad effect. [3] My next thoughts were about how those tenets relate to our industry and the people within it: Our successes, failures, frustrations and how we reach for the stars.  How we internalize success.    Read More



Lessons from the Lemonade Stand

Everyone reading this article has passed dozens of lemonade stands in their lifetimes, especially on those hot lazy, hazy summer days. This article was crafted to see if there are subtle, yet classic lessons that we can all learn from thinking seriously about those tiny, innocent lemonade stands.    Read more
PARLIAMENTARY PROCEDURE    

The unique system of parliamentary law originated in the English Parliament as a way of debating public affairs. The rules were introduced to meetings in America with the first settlers from England and, as we know them today, were established in 1876 by Henry M. Robert when he published his first manual on parliamentary law entitled Robert's Rules of Order (hereinafter Robert's). The most recent edition of Robert's is titled Robert's Rules of Order Newly Revised (1990 Edition) (hereafter referred to as RONR). A common misconception is that parliamentary procedure is synonymous with Robert's Rules of Order. It is not, it is simply the most popular and most commonly used form of parliamentary procedure, with others like Sturgis Standard Code of Parliamentary Procedure, Demeter's Manual of Parliamentary Law and Procedure and Riddick's Rules of Procedure also available and popular with specific groups such as doctors or unions.    Read More


One Man’s Trash is Another Man’s Treasure

Every community has basic maintenance, neighbor or parking challenges, however every now and then a community is faced with a situation that is not easily remedied with a text book answer or a fresh coat of paint. Sometimes a little creativity is needed to rectify the challenges that come before us.  Read more


News 

CO: The living may be exclusive, but HOA board battles aren't  In other words, it's everything you'd expect in a wealthy enclave. What you might not expect is that Kissing Camels, like less-exotic neighborhoods, has folks who feud with the homeowners association board....

AZ: Residents pick up poop  Some Grayhawk residents want to keep their neighborhood looking pristine -- even if that means picking up waste left behind by irresponsible dog owners....

GA: Members of Richmond Place Homeowner's Association Board respond to accusations
Campaign signs were removed from front yards in Richmond Place recently because they were in violation of the subdivision's covenants, representatives of the homeowner's association said Monday....

WI: Manager of 11 condo groups sent to prison
A McFarland woman was sentenced to two years in prison Wednesday for stealing more than $140,000 from 11 local condominium associations with which she had contracts to oversee operations. Tina M. Wendt, 37, who ran Prestige Property Management, will also spend...

Burglaries increasing at gated communities
There were 77 break-ins from the end of July to the end of September in some of the adult communities along Jog and Lyons Roads west of Delray Beach and Boynton Beach all the way up past Hypoluxo....

NY: Condo resident to file complaint over religious statue ban  A Medford man said he plans to file an official complaint today with the state Division of Human Rights regarding his condominium complex's policy against residents displaying religious statuary in common areas....

WA: Condo complex in Bothell built right on the line  The county divide splits the complex so that three of the buildings are located in King County and 13 in Snohomish. And then there's one building that's split down the middle between the two counties so that a home might have a bedroom in one county and a bath...

FL: Soaring rates push condos to pursue self-insurance  Slammed by high insurance rates, some owners of Palm Beach County mid- and high-rise condominiums are taking matters into their own hands. They're forming their own insurance company...

CO: Solar life pays off in more than cash
The Nyland HOA board offers incentives to help homeowners deal with the high initial cost. Instead of keeping the funds from the HOA maintenance account locked up in low-risk investments, Glick said the community began offering loans to Nyland homeowners to pa...

OH: 'Jazzman' singing the blues
"They were going to lose and they were going to lose big," the association's Hamilton attorney, Rex Wolfgang, said Tuesday. "They were going to get hit with the association's attorney fees. That's about $10,000 to $20,000."...

CA: Clotheslines movement gains energy
But a recent movement has tied the clothesline to one of today's most pressing issues and, quite possibly, made the line a hip place for clothes to dry. Members of "Right to Dry" groups, popping up nationwide, are touting the clothesline as an easy way to go g... 

NJ high-rise condo fire
Firefighters had trouble getting to the fire because the water was only activated up to the 14th floor....

FL: Pets in condos
Richard and Shelia Wengroff are the proud owners of 10 month old "Ozzie." The shar pei, lab mix is medically prescribed by Richard's doctor and psychologist for depression and anxiety. Just about the time "Ozzie" arrived so did a controversy...


 
 
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Editor's Notes 
Short on articles this week, but long on news.  More and more stories about community associations in the press and on TV.

Please remember that we link OUT to all articles and news stories.  Links change or disappear, but we try to make sure before we send out the News.

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
On the Commons - Prof. Evan McKenzie talks about the differences in advocacy groups and what it will take to make significant legislative changes to community association law.
 

What's New in the Blogs
Condo and apartment dwellers lax about fire safety

Clotheslines - Don't Get All Tied Up About Them

Can our association board designate unassigned parking as guest parking only?

HUD Rules on Escrowing Assessments

Choosing Board Members

Maintaining the Enforceability of Fines in Your Community

Fire in Luxury High-Rise Underscores DCA's Plan to Require Fire Suppression Systems for Older High-Rises

It's Easy Being Green

Tide turns for clotheslines...

Outdoor Sign Lighting Does Not Need To Be Blinding


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