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4 Financial Controls Your Condo/HOA Absolutely, Positively Should Have

At a recent webinar on understanding association financials, a reader asked for advice on internal controls to put in place when the board employs one person “who does everything.” We presume that means one person handles all the community’s finances. Frankly, that setup worries Patricia A. Ayars, founder of Ayars & Associates in Glastonbury, Conn.,…

Tips on Regulating Swim Spas in Community Associations

More owners are interested in installing swim spas — basically a miniature pool they can use to swim in place against a current. “When I talk to colleagues around the country, these swim spas are really turning into an absolute phenomenon,” says Paul Grucza, principal with PDG and Associates, consultants for the association management industry.…

Faulty Transfer Blocks Enforcement Authority

A community association in Delaware learned the hard way about the importance of the clear and effective transfer of rights from the developer. Because such a transfer had never occurred back when the association was formed in the 1960s, a court shot down its attempt to enforce deed restrictions more than 50 years later —…

Make Sure Your Clients Give Proper Notice When Attempting to Remove a Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

Your Clients Shouldn’t Count on Recovering Their Attorneys’ Fees

The California Court of Appeals recently found that an association didn’t deserve an attorneys’ fee award because it “turned tail” by unilaterally making rules changes instead of arguing against an owner’s objections to the rules in court (Artus v. Gramercy Towers Condominium Ass’n*). The case is a powerful reminder that, while state law or governing…

Is That Swim Spa Allowed?

More owners are interested in installing swim spas — basically a miniature pool they can use to swim in place against a current. “When I talk to colleagues around the country, these swim spas are really turning into an absolute phenomenon,” says Paul Grucza, principal with PDG and Associates, consultants for the association management industry.…

Aging Residents Bring New and Unique Challenges for Community Associations

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. For starters, it can be difficult in general…

Lack of Notice Comes Back to Bite Association in Removal of Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

Foreclosure Missteps Can End Up Costing Your HOA Clients

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

Aging in Place Brings New Association Management Challenges

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. Property Adjustments For starters, it can be difficult…