Many associations have a logo associated with the name of their association. This may appear on entrance monuments, newsletter mastheads and communications to owners. As one association in Florida is realizing, the use of the logo developed by a developer or real estate agent in connection with the development of the community may not be legal.
Read...
Does your community use booting as an enforcement mechanism? “Booting” a vehicle involves placing a metal lock (i.e. “boot”) on one of the vehicle’s wheels making it impossible to drive or move the vehicle until the boot is removed. Although booting is not as popular as towing, it has been used by associations as a less expensive alternative to address improperly parked vehicles in their...
Association as landlord?! Occasionally it happens. Our advice to clients who obtain ownership of a home through foreclosure is to rent it out until the first mortgage forecloses on the property. One of the questions we are asked is, “What happens to our tenant...
How many times have you heard a homeowner say, "I gave up my house in my bankruptcy, so I don't owe any more assessments"? Homeowners commonly make this claim. However, most of the time, they are wrong.
Most Chapter 7 bankruptcies include a Statement of Intent, notifying the Court and creditors whether the homeowner plans to retain or surrender their property. Even if the...
A North Carolina homeowners association recently discovered it is not immune from theft despite its efforts to minimize the risk of embezzlement. The Parkwood Homeowners Association lost between $150,000 and $200,000 over a 2 ½ year...
It appears the fall-out of condominium communities losing or not renewing their FHA certifications is now beginning to hit associations. We are starting to experience a notable increase in calls from managers, board members, mortgagees, brokers, and owners in the past month concerned and/or upset about the FHA certification process. Most associations that were not approved or re-certified in...
Wind has wreaked havoc across Colorado over the past week, peaking at more than 100 mph in some areas across the Front Range. The powerful gusts have caused a variety of damage to trees, homes, and other buildings. Our office has been getting a lot of calls about trees falling on property owned by the Association or a neighboring Owner. So who pays for damage and/or removal costs from trees...
We’ve all heard complaints about hoarders in communities and the health hazards associated with hoarding, such as the infestation of bugs and rodents. But a condominium community in Phoenix, Arizona experienced the repercussions of hoarding when a fire caused...
As owners in common interest communities continue to ask the state courts to require homeowners association's to prevent second hand smoke from entering a unit, the courts are continuing to rule that an Association has no right or obligation to prevent the migration of second hand smoke into an indivdual unit. Most recently, a court in Maryland...
Communication is a critical factor in any situation, regardless of whether the situation is good or bad. Communication not only informs the community of ongoing projects and issues, but also builds a "community" within your community. See how the lack of good communication when a...
