Departments

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…

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…

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…

Manager Isn’t ‘Debt Collector’ When Pursuing Assessments

Facts: A homebuyer purchased his home, situated in a community association, by a warranty deed that had no reference to the association's declaration. The homeowner failed to pay dues and assessments imposed by the association—one of the obligations in its declaration. Over time, the manager, on behalf of the association, sent multiple letters and invoices to the owner requesting payment of the dues and assessments, without results. Eventually, the association had its attorney send letters to the owner, attempting to collect the amounts owed.

Obama’s Mortgage Refinance Plan: Too Little, Too Late?

Will the Obama administration's proposal to give homeowners with privately held mortgages a shot at record-low rates make an impact on community associations dealing with delinquent members and looming foreclosures? The plan could save those homeowners up to $3,000. And giving homeowners an opportunity to refinance their mortgages at lower interest rates—even if they owe more than their homes are worth—could make it easier for members to pay not only their mortgages, but also their association dues, taxes, and other fees.

Insider’s Pop Quiz!

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Question: Your community allows members to park anywhere, but a new member says she wants an assigned parking space because she can’t walk too far. You can’t be accused of a fair housing violation if you: a. Ignore her comment because she didn’t ask for a “reasonable accommodation” for a disability. b. Ignore her comment…

Can Developer Convert Senior Community to Mixed-Age Housing?

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That’s the question many Barnegat Bay, N.J., residents are asking as a developer seeks approval to divide a new 305-unit development west of the state’s Garden State Parkway into separate sections targeted to seniors and families, plus a mandated 20 percent affordable housing component. The Barnegat Township planning board has postponed its decision on the…

How to Make Special Assessment Collection Easier

Although your community association's governing documents almost certainly provide for the possibility of special assessments—an extra one-time payment owners must make for a specific purpose, such as roof repairs—owners tend to forget about this and often are surprised, and upset, when their monthly payment isn't the same. Owners who haven't put aside funds to pay for their share of an improvement to the community could get into financial trouble if they have to pay more than they've budgeted for their monthly payments.

Avoid Liability When Using Self-Help Remedy for Maintenance Violation

In last month's feature, “Take Action When Member Shirks Maintenance Obligations,” we gave you two model letters to use at the first sign of a member's violation of maintenance rules. But sometimes polite and firm follow-up letters and even fines or other penalties authorized by your governing documents don't spur a member to resolve the problem.

Revoking Parking Privileges Without Violating Fair Housing Law

Q Must an association grant a parking request as a reasonable accommodation when the member hasn't paid his condo fees?

A No, according to a New Jersey court, which ruled in a recent case that the member's parking accommodation request was not reasonable.