Articles

Condo Residents Can’t Block HVAC Unit Installation

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Medical groups bought three commercial condo units on the mezzanine terrace level of a New York City condominium building below street level. The entrance to the residential portion of the building was separate from the entrance to the medical offices. The purchase agreement permitted the medical groups to install HVAC units on the mezzanine outside…
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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…
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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…
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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…
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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.

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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.

Articles

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…
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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…
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No Liability for ‘Black Ice’ in Closed Recreation Area

Facts: A condo association for residents age 55 and over hired a manager to perform the snow and ice removal services for the property, except for a recreation area that's closed during the winter. Although the area's pool and tennis courts aren't in use, there are no barriers to cordon off the recreation area to pedestrians or signs posted to indicate that the sidewalk is closed, and the members aren't otherwise advised to stay out of the area.

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Holidays Aren’t Over for Decoration Dispute

It looks like a dispute over holiday decorations in a Lake County, Fla., planned retirement community will continue to drag on into 2012. The homeowner at the center of a previously resolved religious discrimination controversy allegedly violated a confidentiality agreement barring him from discussing the issue.