In the News

The high-profile owner of a collection of penthouses in a luxury condominium building in New York City's SoHo neighborhood has created a controversy with his refusal to pay nearly $40,000 in common area maintenance (CAM) charges the condo board claims he owes.

A community in El Dorado County, Calif., has historically allowed some sport shooting. But when one board member wanted to change that, he started the process to change the governing documents to completely ban the discharge of firearms and air guns and eliminate all target and other shooting throughout the gated equestrian community.

Many associations have struggled with Federal Housing Administration (FHA) restrictions related to rentals within a community. Associations often seek FHA approval so that units for sale, whether through foreclosure or otherwise, may be sold to individuals who have obtained FHA financing.

The city of Brookfield, Wis., does not have to plow, maintain, or repair the private roads in condominium developments, the 2nd District Court of Appeals found in a recent decision.

After 15 years of police efforts to find a pesky tire slasher, members of a community in Hyde Park, Texas, are taking matters into their own hands. Hyde Park Homeowners Association members agreed recently to spend $10,000 on high-definition cameras to help police catch the suspect, who members say is a homeless man. Austin police said they have also been tracking a man for 15 years, whom they've arrested from time to time for petty misdemeanors in the area, but no one has caught him in the act of puncturing tires. The number of punctured tires is up to 80 a month.

Police detectives in Newport Beach, Calif., recently arrested a couple for illegally squatting in a $2.6 million, ocean-view home. The couple had previously admitted they had entered the house, changed the locks, and put the utilities in their names, even though they did not own the property or have the owner's consent.

Nevada Financial Institutions Division Commissioner George Burns recently ruled that collection agencies for community associations in Nevada can no longer charge excessive fees. The decision limits collection agencies to nine months of back association dues and permits fees only as outlined under state laws. Any added fees or charges must first be approved by the association.

The New York State Legislature passed a law requiring city landlords to disclose any history of bedbug infestation before leasing an apartment. Real estate lawyers say that even though the law was intended to address rentals, bedbug disclosure has become an issue in the sales market as well.

On Dec. 7, 2010, the Federal Housing Administration (FHA) condominium recertification process must be completed by each individual condominium complex in order to be eligible for homebuyers to receive FHA financing in their building.

On Oct. 15, 2010, the public comment period closed on the Federal Housing Finance Agency's (FHFA's) proposal to ban private transfer fees. If adopted, as many as 11 million homeowners could find it difficult to sell their homes if the federal government moves forward with plans to ban so-called private transfer fees, according to the Community Associations Institute (CAI).