eAlerts


Avoiding HOA Rule Selective Enforcement Claims

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Q: Do the courts hold an association responsible for enforcing every community rule? A: How strictly HOA rules are enforced varies from community to community. Some rules and regulations are necessary for a board to enforce, especially when a member creates a problem that could affect the health and safety of other members. In such…

Bill Shields Developers from HOA Claims of Shoddy Work

Florida Gov. Rick Scott must make a decision on legislation that could wreak financial damage on homeowners associations. The proposed law, Senate Bill 1196, shields developers against claims from the Sunshine State’s homeowner associations when they ask for payments to repair poor work on common-area infrastructures. The bill’s builder-friendly protections are being criticized by planned…

INSIDER’s Pop Quiz!

Question: To cut down on payroll, would it be okay for an association to lay off some of its maintenance crew and rehire them as independent contractors? Answer: It would be a big mistake. Tax authorities would be quick to reclassify such workers as employees. For more information on the tax consequences of employees vs.…

Asking Job Applicants About Drug and Alcohol Use

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Q: As a community association manager, what can I ask a job applicant about drug and alcohol use without facing a discrimination lawsuit? A: You must be very careful if you have 15 or more employees. While you want a workplace free of drug- and alcohol-related problems, the Americans with Disabilities Act (ADA) bars companies…

Take the Insider’s Survey, Enter Drawing to Win $100 Gift Card!

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Upon completion of the 2012 Community Association Managers Survey, you will be entered into a drawing for a $100 American Express gift card! The survey asks about how overhead expenses are straining your community’s purse strings, and will take approximately 5 to 6 minutes to complete. Your answers will be treated confidentially and will never…

Should You Limit Leasing at Your Community?

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Community associations generally prefer that members occupy their own units, rather than lease them to others. But why is it a good idea to limit the leasing of units? Limiting your members’ ability to lease units can keep your community easier for you and your staff to manage on a day-to-day basis and can have…

Condo Residents Can’t Block HVAC Unit Installation

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Medical groups bought three commercial condo units on the mezzanine terrace level of a New York City condominium building below street level. The entrance to the residential portion of the building was separate from the entrance to the medical offices. The purchase agreement permitted the medical groups to install HVAC units on the mezzanine outside…

Should You Install CCTV Cameras in Your Community?

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Install closed-circuit TV (CCTV) cameras in the common areas of your community only if you have the staff and money necessary to monitor them. While the presence of CCTV cameras in parking lots and other common areas may help reduce crime in these locations, there is a downside—they need to be monitored and, if you…

Don’t Let Hidden Mold Turn Your Community Toxic

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Has mold been discovered in one of the units in your community? Taking steps right away to fix the problem can help you avoid complaints about mold-related illnesses or unsafe living conditions. You should clean up the mold and fix the water problem that caused it. But there could be moisture—which creates a breeding ground…

NYC Condo Owners Can Sue Board for Building Conditions

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Condominium unit owners in New York City recently sued their board of directors for "abhorrent" living conditions. They claimed that there were holes in the floors and damage to walls, railings, and terraces. The board had promised to repair the conditions but had failed to do so. In the meantime, the board had asked the…