BIKES ON BALCONY – IS IT A RIGHT? – Article by Beth A Grimm, P.L.C
Owners in a condo association commonly bristle at one rule or another; however, collectively, enforcement of reasonable rules is generally a good thing. Here are some comments and questions from a reader: “I’m wondering if there is any legal precedent allowing me to store my bike on my 3rd floor balcony. My HOA has so much … Continue reading
Strategies for Condo Enforcement – Article by Ryan Treleavan
Under the Condominium Act, 1998 the Board of Directors has a statutory obligation to enforce the terms of its Declaration, By-laws and Rules. Inevitably, every Condominium Corporation will face instances of non-compliance with a wide range of obligations. Compliance can be achieved through a number of different routes, and the appropriate strategy is highly fact … Continue reading
Service, Companion and Therapy Dogs: What Are Homeowners’ Rights? – Article by W. Alexander Noland, Esq., Swedelson & Gottlieb
There tends to be a great deal of confusion over service, companion and therapy animals, and, particularly, service, companion and therapy dogs. While the Americans with Disabilities Act does not generally apply to community associations unless an association opens its common areas and recreational facilities to the general public (i.e. allowing people other than residents … Continue reading
Govenor Signs Senate Bill 209 Dealing With Electric Charging Stations – Article by David C. Swedelson
With the proliferation of electric vehicles comes a new law that limits and restricts California community associations’ ability to prohibit an owner from installing their own electric charging station. On July 25, Governor Brown signed Senate Bill 209, which adds new Civil Code Section 1353.9. The new law takes effect January 1, 2012. New Civil Code … Continue reading
9 Mistakes New HOA Board Members Make–And How to Avoid Them – Article by HOALeader.com
There’s no shame in making mistakes. We’ve all made them when we’ve tried something new. There is shame, however, if you refuse to correct the error of your ways. Here we list the nine most common mistakes new board members make and provide tips for turning those mistakes into successes. Mistake # 1. Not learning … Continue reading
CC&R Enforcement: The Five Most Important “Don’ts” You Need To Know – Article By Steven S. Weil, Esq.
Association directors have many responsibilities. These include adopting a budget, authorizing year-end disclosures, pursuing delinquent assessments, conducting proper elections and enforcing the governing documents, especially the CC&Rs (“CC&Rs”) and Operating Rules. The majority of homeowner association residents – owners and tenants alike – follow the CC&Rs. Usually, most of those who don’t are unaware of … Continue reading
AMENDING GOVERNING DOCUMENTS – IT DOESN’T HAVE TO BE PAINFUL!! – Article by Beth Grimm
Were your governing documents drafted before 1995? Is the Developer out of the project? Do your documents seem to relate to some other association? Are some of the provisions absurd, obsolete or unenforceable? Are your CC&Rs impossible to understand? To interpret? Are you baffled by your Bylaws? Are there conflicting provisions in your documents? Discriminatory … Continue reading
Have a “Q”? Because we have your “A” – An amazing complied list of HOA Q & A – Article by hoaqanda.com
JUSTIFIED EXPENDITURES Q. Can the board of directors of our association spend association funds on what amounts to a political issue? The board wants to spend funds to stop a nearby development, based on the belief that it will harm the value of homes in our community. A. Absent a prohibition in the … Continue reading
Take care of a barking dog before it violates code – Article by AZCentral.com
Question: How can you resolve a barking-dog incident before it becomes a code violation? Answer: Spring’s mild temperaturess lure many to crack open their windows and doors to let the cool breeze inside. This season is also a favorite time for four-legged pals to lounge around our backyards. While this welcome weather is a pleasure, … Continue reading
FCC Satellite and Antenna Regulations-the OTARD Rule – Article by neighborhoodlink.com
Community associations were once free to adopt and enforce restrictions and regulations on satellite dishes and other types of antennas. Following the enactment of the Telecommunications Act of 1996, federal law preempted all state, local and other non-governmental restrictions regulating satellites and antennas, thus, the landscape for community and condominium associations was significantly changed. In … Continue reading
