eAlerts


Deferred Condo Maintenance: New Chicago Program Brings Hope of Financial Assistance

The City of Chicago has established a $15 million financial assistance program to help owner-occupants and associations in one particular neighborhood pay for overdue repairs and maintenance. The South Shore neighborhood of Chicago is one of the city’s most densely populated. Located along Lake Michigan, it’s home to the University of Chicago, the Museum of…

Enforcement Overexuberance: Help Your Association Clients Avoid Blowback

Associations are making headlines across the country — and not in a good way. Stories about the overly aggressive pursuit of fines, fees, and foreclosures are going viral on a regular basis. This enforcement overexuberance has many implications for community associations. In July 2022, the Washington Post reported that a Texas couple put their house…

Board Composition Puts Association Between a Rock and a Hard Place

A Maryland court found that the interested director transaction rule called into question the propriety of the board’s decision regarding an assessment to cover the costs of landscaping in a mixed community. Such issues could become more common going forward. “We’re seeing a trend toward more mixed communities,” says Ursula Burgess, a shareholder in the…

Proposed Federal Condo Law Would Make it Easier for Associations to Finance Repairs

A new bill has been proposed in the U.S. House of Representatives that would make it easier for condo associations to obtain financing to make critical repairs and replacements. The “Rapid Financing for Critical Condo Repairs Act of 2022” (H.R. 8304) follows the introduction earlier this year of the Securing Access to Finance Exterior Repairs…

Use These Cash Management Tips to Protect Your Association Clients’ Financial Security (And Your Own)

Inflation is taking a bite out of the budgets of community associations and the bottom lines of management firms like yours. The months and months of rising prices, combined with the threat of an impending recession, leave associations — and, in turn, the management companies whose survival depends on them — at risk. According to…

Are Your Community Association Rules a Ticking Time Bomb?

Times change, but often community association rules don’t. If your rules get out of date, they could become a ticking time bomb representing unnecessary risk that could blow up at any moment into a costly lawsuit or dispute. “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel,…

Surfside Aftermath: New Florida Law Puts Managers Under the Gun

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

What Can Your Association Do When Owners Build Structures That Violate Covenants?

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

Can You Bring a Lawsuit on Behalf of Your Client Association?

When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. This defense was recently raised by…

Proposed Legislation Could Provide Funding for Special Assessments

U.S. Representatives Charlie Crist (D-Fla.) and Debbie Wasserman Schultz (D-Fla.) recently introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 (H.R. 7532). The legislation would allow condo owners to finance special assessments with loans backed by the Federal Housing Administration (FHA). But, if enacted, the law might not provide the…