Articles

Homeowners’ Disapproval of Election Doesn’t Invalidate Results

Facts: Two homeowners in a planned community complained about the election and qualifications of the people elected to the board of the association. They became concerned when the developer of the community, in accordance with the bylaws of the association, turned over certain common areas of real property to the association. The bylaws required that members of the association board resign and a new election be held by members of the association after that happened. However, that was not done.

Feds Halt HOA Foreclosure Fraud Scheme

A homeowners association foreclosure home-buying scheme has come to an end, after a nearly three-year investigation. Federal authorities seized gold, cash, and other property from a Raleigh, N.C., man accused of fraudulently scooping up homes in foreclosure. He was charged with multiple counts of bank fraud and engaging in monetary transactions involving criminally derived property, among other crimes.

Using Drones to Streamline Management Strategy

It seems as if drones—unmanned aerial vehicles without a human pilot aboard—have been increasingly in the news for their use by the military, commercial businesses, and private recreational users. The use of drones in combat has long been talked about, the retail giant Amazon has launched a new service that uses drones to deliver packages, and drones are common at parks and open spaces.

Employee Status Could Determine HOA Liability

Q: I manage a community association through a property management company. The association itself has some employees—namely, a superintendent for repairs—but I am the person who controls his workload. The employee had an accident on the property and filed a workers’ compensation claim. He’s also trying to sue the association and the management company for a second recovery. I was under the impression that there couldn’t be a double recovery for an injury in this type of case.

Missing Money Could Lead to HOA Court Case

Homeowners in an Alabama community claim they've been paying hundreds of dollars every year but have no idea where the money is going because there are no meetings, no detailed budgets, and no communication from their association. They are blaming the developer.

The head executive of the developer and his daughter sit on the board of directors, which comports with laws governing associations in that area; however, homeowners haven’t spoken with him in a decade. Meanwhile, the board collects about $60,000 in dues annually.

Use Drones to Improve Association Efficiency

It seems as if drones—unmanned aerial vehicles without a human pilot aboard—have been increasingly in the news for their use by the military, commercial businesses, and private recreational users. The use of drones in combat has long been talked about, the retail giant Amazon has launched a new service that uses drones to deliver packages, and drones are common at parks and open spaces. 

Electing to Vote Electronically

Q: My association has really embraced technology for day-to-day management. We have a large membership and we’ve found that everything from organizational software to a drone for investigating maintenance concerns has streamlined community management. We’d like to extend this technology initiative by implementing electronic voting. What practical aspects should we take into consideration and what are the pros, cons, and ways to avoid any pitfalls?

Owner Couldn’t Use Litigation to Amend Governing Documents

Facts: The water pipe serving an owner’s condominium unit was constructed in such a way that it ran through a portion of the ceiling of an adjacent unit prior to entering the owner’s unit. The adjacent unit underwent foreclosure. Subsequently, the utilities in the foreclosed unit were disconnected. Over the course of two years, the portion of the water pipe running through the foreclosed unit froze, broke, and caused damages. The unit owner had the subject water pipe and the damages repaired.

Don’t Get Slapped with Fair Housing Act Claim

No matter how large or small the community association you manage is, you’ll need to employ at least a few staff members. While they should receive training that’s specific to their job, there’s one type of training that’s necessary for everyone: how to abide by the Fair Housing Act (FHA). It’s easy to forget that maintenance workers, who fulfill many of their job duties without coming into contact with the community’s members, will sooner or later have interactions with home or condo owners.

Politicians Join Fla. HOA Developer Battle

A pair of state senators expressed their support for residents of a Florida homeowners association at a recent town hall meeting primarily concerned with gaining control of their community. Association homeowners from a community that includes about 27,000 homes are fighting legal battles with the association and with the community’s developer over the number of votes the developer would be able to cast in elections. Meanwhile, the developer sued the association in Circuit Court to get the maximum number of votes for undeveloped tracts.