WHOOPS!- Slips and Falls (Why Homeowners Or Other People Sue)

Associations have legal responsibilities under the governing documents and through common law to take reasonable steps to exercise reasonable care to protect against dangers of which the Association actually knew or should have known.   Read more

Wanna Get Outta Dodge? Make sure it’s for the right reasons – and then do it the right way 

Over the past few months I have spoken with literally dozens of current or used-to-be managers looking for new employment that shared something in common: They want out of where they are and they want WAY out: Cross-country out, cross-ocean out, or, are seeking employment in several states at one time. What is going one here? I believe this trend is reflective of the general uneasiness in the country: The continual negative news cycle, the economic problems facing us and the polarizing (and seemingly never-ending) presidential election: We just want the world to stop and get off. Way off.  I’ve never seen anything like the way some of our people are reacting to this turmoil, and it’s as fascinating as it is heart-rending to hear.  Sometimes, the desire to “get outta Dodge” is warranted, but much of seems to be an emotional desire to escape.  Unfortunately, I am here to tell you escape  is not as easy as it used to be, folks.  Read more

Canada Geese: From Endangered to Nuisance

If your community has a pond or lake on the property, then you probably have had to deal with problems related to native Canada geese populations. While the federal government considers all Canada geese to be migratory and therefore protected, not all populations actually migrate. In the Mid-Atlantic region of the U.S., there are resident, non-migratory populations of Canada geese that plague our communities year round. Because the government considers Canada Geese to be a protected migratory species, the methods available to control them are highly regulated and very limited. How did we end up with non-migratory geese?   Read more

Transition Study - Reserve Study -  What's the Difference?

Today, most community associations and property managers are familiar with what a Reserve study is and the crucial role it plays in the future of the association.  There also exists a study that is not well known, but is decidedly just as important in shaping the repair and replacement schedule of an association, the Transition Study.  Read more

Sharing Difficult Decisions with Residents

Like telling kids the awful truth about Santa Claus or deciding to spend the holiday bonus on treasury bonds instead of a trip to the Bahamas, sometimes we all have to say or do unpleasant or unpopular things. The same is true for co-op and condo board members, most of whom will one day face the dreary prospect of raising maintenance fees, instituting assessments or levying flip taxes. Those tasks may come with the territory but that doesn’t make it any easier for the men and women who have to step forth and break the news to friends and neighbors alike.  Read more

HOA Commandos

In garden or townhouse style condominiums, a curious phenomena takes place: Certain owners feel compelled to commandeer the common area adjacent to their units. This takes on many forms. Some use it for personal plantings, sometimes even running irrigation systems through it. Some expand their patio or deck into it. Some build storage sheds in it or place hot tubs there. Some brazenly fence off "their" yard.   Read more

Implementing Smoking Bans: Taking the Gradual Approach

For Deborah Constantine, president of a co-op in the Clinton neighborhood of Manhattan, there was never any doubt that smoking caused major problems for the whole building: "When there was a smoker in the building, the entire floor was breathing in the smoke." The board of the 20-unit, five-story walk-up at 431 West 54th Street (below; click to enlarge) has for some time now actively discouraged smokers from buying or renting in the building, and it has become a de facto smoke-less environment without seeking a vote from shareholders to amend the proprietary lease    Read more

Budgeting – Dust off that Crystal Ball!

In my role as supervisor of a large group of managers, I review budgets for more than seventy associations. It is always interesting for me to view the process that managers follow to complete their budgets. This article provides a framework that will hopefully benefit managers and board members alike. Budgeting doesn’t have to be a nightmare! One of the most important aspects of budgeting has to do with knowing the requirements and coming up with a plan. Research the documents for your association for information related to the budget. When must it be prepared? When must it be mailed to or voted on by the membership? Is there a maximum cap for increases? Does the board treasurer or the finance committee want to be involved in the process? Are the assessments equally divided or is there a percentage interest provision? What does the manager need to know in order to prepare the budget?   Read more

Disaster Planning: Lessons from the Eye of the Storm

One of the biggest challenges maintenance and engineering managers face is the unknown. Facility professionals do everything in their power to ensure safe, reliable operations for building occupants. But as all managers discover, they simply cannot prepare for certain challenges.

Part 1: Disaster Preparedness: Hurricane Damages Building Systems
Part 2: Disaster Planning: Securing Power and Water Supplies
Part 3: Disaster Preparedness: Expand Fuel Supply for Storms
Part 4: Disaster Planning: Storm-Proof HVAC, Roof Systems
Part 5: Disaster Preparedness: Build Relationships with Vendors
Part 6: Communications Critical in Preparing for Storms

Sinking Home Values May Prompt Risky Insurance Decisions, Poll Finds

Facing declining home values, Californians may be dangerously opting to underinsure their homes, according to a statewide poll.   More than a quarter of the 800 people randomly interviewed in a poll commissioned by the Insurance Information Network of California indicated that they believed they should reduce the amount of insurance on their home because its value had declined. According to the random statewide survey, 26 percent of Californians believe they should reduce their insurance coverage because the resale value of their home has dropped.   Read more

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. This makes conflict management critical, whether avoiding arguments, disputes, lasting conflict or ultimately, litigation. Conflict can be avoided if steps are taken early in a discussion to diffuse anger and facilitate communication, and it can be resolved by applying a series of thoughtfully applied steps. As a full-time mediator and trainer in the fields of negotiation and conflict resolution, I see conflict in its final stages - full blown litigation or on the verge of it in pre-litigation mode. What I have learned in seeing these disputes for 10 years is that most of them could have been resolved in the earliest stages if the people involved applied some of the skills that mediators use to resolve conflict. And wouldn't it be great if companies could resolve these disputes before each side spent hundreds of thousands in litigation costs, before the employee was terminated or before the customer or working relationship was gone forever? Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.        Read more

More News

FL: Political signs may lead to troublesome times, condo fines  Before planting a political sign on your front lawn, you'd better consult your community association's governing documents...

FL: Greentree settles $158,460 golf course water bill  An agreement shaving thousands of dollars off a golf course watering bill has been reached between Greentree Admiral and the Florida Governmental Utility Authority....

WA: Don't Let Your Condo Complex Turn Into a Dump  Oh, one more thing. If your condo isn't FHA approved, you should see what your condo board is doing to obtain approval. That is the most attractive form of financing right now for condos, and absent that, sales will be more difficult and/or at lower prices....

AZ: Down to earth  Surprise officials have told the Roseview neighborhood it needs to get down to earth and paint over what some considered a garish red stripe on the community's common walls....

FL: Golden Eagle's Homeowner's Association has removed stop signs spray painted  The stop signs in the Golden Eagle subdivision, which bore racial slurs, were replaced by the Homeowner's Association this morning...

FL: Three Years Post-Wilma, Millions of Dollars in Insurance Claims Still Unpaid  On the third anniversary of Hurricane Wilma, many Florida homeowners and condominium associations have yet to be paid for insurance claims. Natural disaster attorney Alan Garfinkel of the law firm of Katzman Garfinkel Rosenbaum advises that it's still not too ...