Community Association News National News Florida News Legal News National News IL: South Holland woman accused of embezzling from south suburban condo assns A woman was charged Tuesday with embezzling more than $365,000 from two south suburban condo associations she managed, prosecutors said. Florida Homeowners Associations crippled by housing crisis The home buying market has undoubtedly had a huge impact on both developers and buyers. But homeowners associations are also in the middle caught up in all the mess of the housing crisis. KY: "Cooper's Law" Bill To Be Heard In State House Again Wednesday A legislative bill named after a Lexington boy with cerebral palsy whose parents are fighting to keep his playhouse will be debated in the State Capitol again Wednesday. TN: Renegade Mountain residents fight to restore water Residents of an isolated mountain community near Crossville have endured several days without water despite an order issued last week by a Chancery Court judge to restore the water service as a... MI: Plans for pricey street signs, beach bother some homeowners in Oxford Twsp Some residents of an Oxford Township community are questioning plans for $1,000 replacement street signs and a $25,000 beach by their homeowner's association while the community tries to manage empty... MD: Bel Air Proposes Annual $30 Public Works Fee "It’s really the responsibility of the homeowner’s associations to maintain these ponds," Director of Public Works Randy Robertson said during last week's work session. AZ: State bill limits some HOA power when it comes to streets, parking A lot of you have strong feelings about your Homeowners' Associations, judging by emails sent to the ABC15 Investigators. FL: Disturbing new trend impacting associations: don’t like a judicial decision Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. IL: A condo code of ethics Board members know they aren't supposed to run off with their community association's reserve funds. That's an obvious conflict of interest, and illegal, to boot. CT: Stratford homeowners green light EPA testing The homeowners association at Village Square Condominiums voted Thursday night to grant a federal agency permission to test the groundwater flowing beneath the property. IL: In Lake County, a vestige of prairie gets state protection It won't overwhelm you like the Grand Canyon or Niagara Falls. It's not as big as Yellowstone Park. In fact, it's probably not as large as a nearby forest preserve. IL: High-Rise Eyesores Have Residents Seeing Red The staggering economy has created scores of abandoned commercial housing developments across Chicago. Should they be torn down when years go by and they become eyesores? Branson Firefighters and Family Give Rare Look Inside Condo Fire to Spread Safet The Geatches family lost nearly everything they owned when a fire destroyed their Condo. Their kitchen that was once white is now covered in layers of dark black soot. The meal they planned to eat is... UT: Thousands of condo owners stuck in condos they can’t sell Pete Farley’s condominium is tidy, updated, clean and in a good neighborhood. And with a listing price of just under $175,000, it is affordable to most buyers. CA: The Garden Wars (POA v. community vegetable garden) Does a community garden proposal put residents at risk? Or is it a healthy family activity that offers fun and organic vegetables to the community? CA: Silver Lakes homeowners to decide on rental cap A controversial proposal to impose a rental cap on homes in the Silver Lakes residential community is up for election Saturday. FL: Lake County steps up so Korean War veteran can keep his house In two days, more than enough was received at United Way of Lake & Sumter Counties, which was handling the money, to wipe out the judgment. To date, more than $16,000 arrived in checks at United Way... NV: I-Team: HOA Investigation Heating Up A four-year investigation by federal agents and Las Vegas police detectives into a massive political corruption scandal is coming to a head. TN: Backyard chickens are legal, but not for all Nashville homeowners Homeowner association restrictions on raising chickens have ruffled the feathers of some Nashville residents, who thought the city had given them clearance to start hatching plans for backyard coops. FL: Cancer-stricken woman wins fight with condo over dog Pat Picavet got some good news, and in a year that brought word of incurable cancer, a happy day is savored. Should Condo Associations Be More Proactive in Fire Prevention? In going back over the news stories for January, I was surprised to find that there were more condominium fires in those 31 days, than in any previous month during the 10 years I’ve been tracking... IL: Transparency at the heart of board's ethical standards Board members know they aren't supposed to run off with their community association's reserve funds. That's an obvious conflict of interest, and illegal, to boot. GA: Satisfaction runs rampant in Sun City The results are in. The results of the 2011 Resident Satisfaction Survey, that is, and Sun City Hilton Head residents really love their community. HI: Older High-Rises Face Power Bill Dilemma Many high-rises built before 1978 are on a single electric meter, making it hard for apt owners accountable for power use. NC: Judge Allows Bow Hunting In Emerald Isle Gated Community The Lands End community was selected as a deer-population control hunt location, but for the past two weeks residents had a temporary restraining order on the homeowners association. Monday night a... Florida News Can Florida homeowners sue builders for bad roads, walls? Whether a Florida buyer of a new home in a shared community has the right to sue a developer for faulty roads and sidewalks is the issue of a new bill - and battle between Florida courts and... Florida Homeowners Associations crippled by housing crisis The home buying market has undoubtedly had a huge impact on both developers and buyers. But homeowners associations are also in the middle caught up in all the mess of the housing crisis. Check Those Electric Bills - You May be Entitled to a Refund Have you ever really looked closely at your community association's electric bill? Do you understand all of those charges and fees? If not, there may be money waiting for your association to claim... George Moraitis: Legislation is meant to clarify condo law I am writing in response to a Jan. 26 op-ed regarding this year's condominium legislation. The writer is one of the premier advocates for association residents and I have been privileged to work... Don’t put outgoing mail in receptacles in the evening There’s been a rash of mail thefts during the night from Associations’ outgoing boxes. Stu Fisher, President of both Kings Point in Tamarac Devon B and the Master Association first alerted me to the... Legal Q & A I reside in a community governed by a homeowner’s association. The board of directors conducts its meetings at a location that is not accessible to handicapped people. I have requested, in writing... Disturbing new trend impacting associations: don’t like a judicial decision…just Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. Handling members’ requests Q. An owner sent a letter to the board requesting a change to the bylaws to be voted at the upcoming annual meeting. The board and president have neglected this request and did not address the letter... Joe Adams: Mandatory HOA needs unanimous support Q: I live in a subdivision where membership in the homeowners’ association is voluntary. Our deed of restrictions has expired, and the association is now trying to get our owners to approve the... Rob Samouce: New condominium directors must sign papers or go to class One of the new Florida condominium laws that went into effect back in 2010 was tweaked again as part of House Bill 1195 that became effective July 1, 2011. Condo Q&A: Association should pay incidental damages Question:I have recently discovered damage to my condo in North Palm Beach. Immediately, I sent a letter to my association. The president called me last week, and an engineer and a contractor saw the... Palm Beach family sues HOA, wants better beach access for disabled son A Palm Beach husband and wife are suing their own homeowners association, claiming that their disabled son does not have adequate access to the beach directly in front of the family's home. Lake County steps up so Korean War veteran can keep his house In two days, more than enough was received at United Way of Lake & Sumter Counties, which was handling the money, to wipe out the judgment. To date, more than $16,000 arrived in checks at United Way... FL Legislature’s answer to HOAs regarding dangerous construction: Tough luck Yesterday Gary Poliakoff blogged on a pending bill, that is of vital importance to homeowners. His concise comment belies its significance. I agree with Gary that this is far more important than the... lderly mother, daughter killed in Seminole condo fire An elderly woman and her daughter have been killed after a fire tore through their Seminole home. Unit Owner Access to Official Records We are happy to feature video clips from time to time on this blog. The post from the other day spurred several questions regarding unit owner access to official records. Please listen to our... Reserve study: should we have one done for our community? Reserves are monies set aside for specific expenditures that will be incurred in the future. Pay now or pay later. Condo Consultant: Association, developer should work out pool payments, use Dear Poliakoffs: Our condo association documents include a provision for the non-exclusive use of an outdoor pool and deck that is owned by the developer. Bill being considered by FL Legislature would eliminate HOA unit owner rights While most of the focus of the bloggers and readers has been on the impact of HB 319 and its "Safe Harbor" amendments, a bill that should concern every homeowner is making its way through the Florida... Cancer-stricken woman wins fight with condo over dog Pat Picavet got some good news, and in a year that brought word of incurable cancer, a happy day is savored. Does a wrong date void the notice of an annual association meeting? In preparing the annual meeting notice package, it is not uncommon to use the past year’s notice as a form for drafting the new notice for the current year’s annual meeting. What if the drafter... HOA, condo owners deserve storm insurance protections Recently, Floridians collectively released a sigh of relief as another hurricane season ended without major incident. Condominium, cooperative and homeowner association residents, however, may have... Woman with cancer can't keep dog at condo Like most dog owners, Pat Picavet thinks the world of her girl, Marley. "This is cliché, but she is like my best buddy," says Picavet during a game of fetch. Condo boards block buyers for improvements without permits? Who should pay to replace condominium unit windows? Can your association block a buyer or renter because work was done years ago on a unit or home without proper permits? Can associations protect... Stu Fisher and pet policies Stu’s the president of both his Association and the Master Association. He told me about his awareness two years ago that there should be a pet policy in place in Associations. He let the first... Legal and Legislative News FL: Can Florida homeowners sue builders for bad roads, walls? Whether a Florida buyer of a new home in a shared community has the right to sue a developer for faulty roads and sidewalks is the issue of a new bill - and battle between Florida courts and... NY: Durst, New School face $17M suit over alleged condo damage But now a couple who lives next door to the construction site is claiming the project has shifted their five-story condominium building at 5 East 13th Street by at least four inches and is causing... KY: "Cooper's Law" Bill To Be Heard In State House Again Wednesday A legislative bill named after a Lexington boy with cerebral palsy whose parents are fighting to keep his playhouse will be debated in the State Capitol again Wednesday. IN: Appeals court: Benjamin Crossing day cares must go The homeowners association in a subdivision south of Lafayette has won an appeal of a Tippecanoe County judge's ruling that allowed two home-based day care businesses to remain open. CO: Bill Introduced to Address Association Records Today House Bill 12-1237 (“HB 1237”) was introduced in the Colorado General Assembly to address the issue of the retention and production of community association records. AZ: State bill limits some HOA power when it comes to streets, parking A lot of you have strong feelings about your Homeowners' Associations, judging by emails sent to the ABC15 Investigators. FL: Disturbing new trend impacting associations: don’t like a judicial decision Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. GA court to hear arguments in alligator attack The Georgia Supreme Court is set to hear arguments in a case involving a woman found dead in a lagoon that was home to an eight-foot alligator in a subdivision near Savannah. CO: Trial begins in Elk Falls road case The trial is over disputed ownership of stretches of Juniper and Jenson roads and a portion of South Elk Creek Road near Pine Junction. FL Legislature’s answer to HOAs regarding dangerous construction: Tough luck Yesterday Gary Poliakoff blogged on a pending bill, that is of vital importance to homeowners. His concise comment belies its significance. I agree with Gary that this is far more important than the... Bill being considered by FL Legislature would eliminate HOA unit owner rights While most of the focus of the bloggers and readers has been on the impact of HB 319 and its "Safe Harbor" amendments, a bill that should concern every homeowner is making its way through the Florida... KY: "Cooper's Law" Bill Doesn't Make It Out Of House Committee It's disappointing news for supporters of HB 160, known as Cooper's Law. The legislation didn't get enough votes to pass through the House Committee Wednesday and be heard on the house floor. Six... CT: Appellate court rules in favor of Wallingford condo association A lengthy legal battle between the town's Zoning Board of Appeals and a condominium association appears to have come to a close. NC: Judge Allows Bow Hunting In Emerald Isle Gated Community The Lands End community was selected as a deer-population control hunt location, but for the past two weeks residents had a temporary restraining order on the homeowners association. Monday night a... Illinois Appellate Court Imposes Limits on Right of HOAs to Provide Security In Poris v. Lake County Property Owners Association, decided by the Third District on January 24, 2012, the Illinois Appellate Court strongly rebuked a home owners’ association for allowing the HOA’s... GA: Condominium oversight bill passes Georgia Senate The Georgia Senate passed SB 136 which will grant unit owners the right to file a petition in superior court in order to gain oversight of the condominium's homeowners association. MO: Condo Deal Called a Bait & Switch International Vacation Services uses and bait switch tactics on its condominium user agreements, a class action claims in St. Louis County Court. FL: Are You Smarter Than A 5th Grader? As we have said repeatedly, the banking industry continues to get a break from The Florida Legislature despite negligent lending practices, fraudulent foreclosures and filings in our courts and... NV: Investors sue Mountain’s Edge HOA The Mountain’s Edge planned community homeowners association is the latest to be sued by investors in Las Vegas-area foreclosed homes. NC: Temporary injunction extended (deer hunting) A group of homeowners from the Lands End subdivision has filed a complaint against the board of directors of the Lands End of Emerald Isle, which is the homeowners association. The plaintiffs argue... NC: Legislators hear both views of HOA boards Last year, the N.C. legislature appointed the House Select Committee assigned to gather input from the public and recommend changes to laws that affect HOAs. The committee held several public... CO: Road ownership dispute to head to trial The Elk Falls Property Owners' Association and the owners of the Lower Lake Ranch at Elk Falls are set to go to trial over a dispute of ownership of portions of Juniper and Jenson roads, and a... WA: Homeowners’ associations ask state for help Because of foreclosures, banks and other corporations now own 40 percent of the townhomes in Rich Freedman’s Vancouver neighborhood. CA: New HOA laws impact homeowners From rental restrictions to electric vehicles and electronic meeting notices, Californians living in homeowners associations are seeing several new laws governing their communities that took effect... AZ: Lawmaker wants to unleash leash laws State lawmakers are weighing whether to let those who have insurance to pay for injuries their dogs may cause, ignore county leash laws and homeowner association rules.