Risk Management

Owner Gambles and Loses with Building Unapproved Outdoor Wall

A recent court ruling in California provides some useful guidance on how you and your clients can deal with those owners who just won’t take no for an answer when it comes to architectural guidelines (Orangecrest Country Community Ass’n v. Burns). “It’s a very empowering decision,” says Sandra Gottlieb, a founding partner of California community…

The Great Pickleball Debate: What You and Your Association Clients Need to Know

As pickleball gains popularity as a pastime across the country, some community associations are mulling converting tennis courts or other amenities to pickleball courts. “I’m just blown away by the drive to have it available. It’s the sport du jour right now,” says Paul Grucza, principal with PBG and Associates, consultants for the association management…

Community Associations Debate Pickleball

As pickleball gains popularity as a pastime across the country, some community associations are mulling converting tennis courts or other amenities to pickleball courts. If your clients are among them, read on to learn what you can expect and how you can help guide them to a satisfactory outcome. The Passion for Pickleball USA Pickleball,…

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…

Chicago Launches Condo Preservation Program — Could Other Help Be on the Way?

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 Condo/Co-op Preservation Fund Pilot is intended to help condo owners at risk of losing their homes to deconversion because of their inability to pay for…

Plat Doesn’t Give Owners Easement Over Adjacent Golf Course: Redevelopment OK’d

The North Carolina Court of Appeals has ruled that original plat maps depicting a golf course didn’t give an adjacent HOA or its members a right to block redevelopment of the property (Cape Homeowners Ass’n, Inc. v. Southern Destiny, LLC). This is the third recent case where the court considered whether property owners held easements…

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…

“Interested Director” Rule Threatens Assessment Allocation in Mixed Community

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 (Cherington Condominiums v. Kenney). Such issues could become more common going forward. “We’re seeing a trend toward more mixed communities,” says Ursula Burgess,…

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…

Congress Considers More Legislation to Help Finance Condo 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…