Are HOA Rental Caps Worth It?

When your HOA allows rentals, whether short-term or long-term, it brings up a number of questions. One of the issues that an HOA board will face is whether or not they want to issue a rental cap. Understanding the benefits and drawbacks of this rule will help determine whether or not this is an appropriate choice for your association.    Read the article…………………

Defibrillators: Is The Liability Worth The Risk?

According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through the use of an automated external defibrillator (“AED”). An AED is a portable medical instrument that delivers an electrical impulse to the heart to disrupt and correct an otherwise fatal irregular heartbeat (arrhythmia) and allows a normal rhythm to resume. Although AEDs have been credited with saving countless lives by making it possible for non-medical individuals to respond to a medical emergency, the question must be asked: “Is the liability worth the risk?”     Read the article……………..

They Work for Your Association but Are They the Association’s Employees?

Depending on their size, condominium associations may receive a variety of professional services – from managers, security guards, lifeguards, maintenance workers and administrative assistants, among other personnel. Boards and owners often question the cost and quality of these services, but few, if any, ever wonder, “Whose employees are they?”   Read the article……………….

Controlling Chaos at the Annual Meeting

Spring is in the air, which means it’s annual meeting season at many New York co-ops and condominiums. The managing agent usually handles preparations: securing a venue; sending out notices, ballots, and proxies; coordinating with the accountant on the financial statement; and arranging with building staff to have tables and chairs available. But it may take a concerted effort of the board and the manager to ensure the all-important quorum. Without it, an official election cannot take place.      Read the article………………..

Dealing with Condo Association Noise Issues

“Quiet enjoyment” is a phrase that is common to real estate. The concept is that an Owner will be able to live in a home in a peaceful manner. As most Condo Owners know, quiet enjoyment can be elusive. There may be environmental issues, such as a nearby train or major roadway. You might have noisy neighbors. In yet other situations, a noisy common element – such as an HVAC unit or water pipes. No matter what the cause, Condo Owners should fully understand the many Condo Association noise issues they may face.    Read the article………………..

Only Co-op Boards Can Prevent Pigeon Invasions (NY)

Spring has finally begun to act like it might arrive someday, and when it does, New Yorkers can expect to enjoy familiar warm-weather visitors: pigeons, locally known as rats with wings. One co-op resident on the Upper East Side already has pigeons roosting on her 15th-floor window ledge. Their cooing wakes her up in the morning. Their droppings leave attractive white slicks on the building’s walls. She doesn’t want to poison the birds or put anything on her window ledge that might fall off and endanger pedestrians. What’s a co-op shareholder to do?    Read the article………………..

Proxies & Proxy Voting at Membership or Board Meetings (NC)

We get lots of questions about proxies and proxy voting. And that’s understandable, as proxy issues at meetings can get very confusing.  A proxy is simply a power of attorney as could be used to open a bank account or buy a car for another person. If proxies are permitted at a meeting, the proxy can likely be given to any person or entity. That’s because the person carrying the proxy isn’t really who is at the meeting–the proxy giver is. FYI, most parliamentary books like Robert’s Rules of Order Newly Revised (11th Edition) REALLY don’t like proxy voting:     Read the article………………

Revisiting “Florida’s Billion Dollar Stucco Problem”

Florida is an ideal place to buy real estate. With a wide variety of home types and a lack of new buildings, demand is high for new construction. That demand, just as occurred in the run up to the great recession, puts pressure on home builders to meet tight timeframes to construct and sell housing inventory. Under those circumstances, home builders often cut corners resulting in costly construction defects.  News stories about construction defects have popped up throughout Florida. Commonly, those defects involve home builders improperly applying stucco. Indeed, large-scale stucco failures have been found in developments across Florida. Between 2005 and 2008, homeowners in Tampa Bay reported massive water intrusion problems that resulted in crumbling exterior walls, widespread mold issues and even collapsed balconies. In 2016 a Florida jury awarded a $9.6 million verdict against DR Horton due, in part, to stucco defects. The problem is so pervasive it has earned the moniker of “Florida’s billion-dollar stucco problem.” Florida’s Attorney General is even investigating national home builders for deceptive trade practices related to their denial of meritorious defective stucco warranty claims.     Read the article………………