Best of the blogosphere for November/December 2010

2010 finished with a very strong showing by condo law bloggers on both sides of the 49th parallel. Here are some of the best posts from the last two months of the year. 

Judging from the quality entries over this period, you can bet that 2011 will give us a bumper crop of good stuff.

2010′s Top Condo & HOA News Stories -- The Community Association Considerations blog looks back at the past year and highlights the top 10 issues facing condos and HOAs in the United States. 

How To Avoid Getting Taken Advantage Of When Comparing Landscaping Contracts -- While most condos in Ontario are focussed on clearing snow at this time of year, now might be a good time to start thinking about how to make the grounds look fantastic without blowing the budget. Condo and HOA Living blogger Ryan Poliakoff shares some pointers to consider when signing the landscaping contract.

2011 New Year Resolutions for Boards -- At this customary time of reflection and introspection, here are some New Year resolutions that community association and condo boards may want to consider, courtesy of the Colorado Homeowners Association Law Blog.

2011 New Year's Resolutions for Community Associations -- This January post on the Northwest Condo and HOA Law Blog is worth including at this point. Check out Daniel Zimberoff’s suggestions for eight (8) resolutions.

Association Governance Elsewhere -- Now back from vacation, condo lawyer and blogger Donna DiMaggio Berger shares her observations on the not-so-subtle differences in condo law between Costa Rica and her native Florida. If you don’t mind the snow, Donna, you can visit us for a fact-finding mission up here in the great white north anytime!

When will a condominium board's decisions be reviewed by the courts? -- Condo directors are often told to be sensible in their decision-making, but what does that really mean? Bradley Chaplick lists the critical elements that will allow a decision-making body like a condo board to benefit from the “business judgment rule” established by Canadian courts.

Requisition to Remove Directors - Defamation -- Denise Lash at the Condo Reporter blog describes a recent Ontario case where a condo director unsuccessfully sued unit owners over alleged defamatory statements in a requisition for a meeting to remove directors.  

The Perils and Pitfalls of Running a Blog Against the Board -- This Q&A by California condo and HOA lawyer Beth Grimm sets out some common questions and some uncommonly good words to consider, as well as a press release with a million dollar reason for unit owners to be careful.

Proxies and Written Ballots - What's the Big Difference? -- For a good answer to this vexing question, see this nice short piece at the Colorado HOA Law Blog.

What are Homeowners’ Rights Regarding Service, Companion & Therapy Dogs? -- While there are subtle changes in the applicable laws, the concept of animals not mixing well with community associations is universal. See this commentary at the California HOA Law Blog for the proof and to learn the differences between service, companion and therapy animals.

Community Associations Should Not be Anti-Mezuzah -- New Jersey condo lawyer Stuart Lieberman offers some tips to help avoid a potentially explosive situation arising from the collision of a condo enforcing its rules and unit owners expressing their religious rights.

Education of the Board: Whose Responsibility is it, Anyway? -- This piece on the Associa Living blog raises the interesting proposition that the property manager should be responsible for director education. The concept may be sound, since good property managers will help save their clients’ boards from themselves on a daily basis.

Social Media and Buildings -- Condos and HOAs appear to be incredibly slow to harness the awesome power of social media. Short pieces like this one on the Habitat Blog might help directors to consider the possibilities and begin taking steps to move forward.

No Dogs Allowed? -- The story about the New York condo that blew $100,000 in legal fees trying (unsuccessfully) to remove a little dog from a unit was big news last fall. Lincoln Hobbs of the Utah Condo Law Blog offers his two cents on the result.

Watch For Those Governing Document Typos! -- Spotting rules drafted in-house by a condo board is usually easy thanks to the ambiguous, inconsistent provisions peppered with spelling, grammatical mistakes and typos. Saving a few bucks on legal fees is never worth promulgating ineffective rules. Will Sleeth at the Virginia Community Association Law Blog gives a good example of how a typo can be a costly proposition.

Tools for Handling Neighbor to Neighbor Disputes -- For a hat trick by the Colorado Homeowners Association Law Blog, here’s a great list of tips that unit owners can follow to address disputes with neighbouring owners.

Imagine what Medieval Covenants and Restrictions would look like! -- No, we’re not talking about condo documents from the 1960s and 70s. Donna Berger is our guide on a short history lesson on American HOAs and gives a humorous glimpse into the rules of their medieval predecessors. Unfortunately, there's no list of penalties.  "Off with their heads!"  

Bed Bugs Are Biting Again -- Since they’re not being killed off by the deep freeze this winter, bed bugs will need to be addressed in a more nefarious manner. The condo lawyers at MEEB in Boston give some in-depth financial and legal context as to why these little bloodsuckers deserve serious attention.

Should Your Association’s Attorney Be a Hired Gun or a Legal Navigator? -- Some food for thought when hiring lawyers! Seattle Condo and HOA attorney Kevin Britt offers the pros and cons of each. What kind of lawyer have you got?

Best of the blogosphere for September/October 2010

With Halloween behind us and Christmas preparations about to begin, it’s time to highlight some of the most notable blog posts on condo-related issues for the past two months.

South of the border, the foreclosure crisis is front and centre. Homeowners plead for relief from their debts, politicians in full election mode speak of foreclosure moratoriums, and commentators ponder the impact of such plans on the housing market. All the while, condos and HOAs caught in the squeeze are looking for help. The law bloggers are stepping up to help by providing timely insight and expertise. Here’s a sampling:

In other condo-related news . . . 

Welcoming and Educating New Residents – This piece from the Associa Living blog suggests a more holistic method of welcoming newcomers to your community, both owners and “residents” alike. These concepts may pay off quite handsomely and improve cohesion in your complex and reduce potential problems.

The Owner Put a Sukkah Where? – If it is Sukkot, condo lawyers can be assured of getting calls asking what to do about Sukkahs. This short piece by Swedelson & Gottlieb associate Stephanie Rohde is a good primer on the typical issues arising from this annual observance.

Plug it in Where? – Electric cars will become popular one day and condo unit owners will expect to plug them in at home. Joe at the Community Associations Considerations blog has started thinking of the sorts of issues that will arise. In Plug It In Where? Part 2, Joe offers additional issues to be considered depending on the particular type of parking at your complex.

How to deal with police and other government officials–what is the association’s obligation? – Have you got coppers and feds knocking at your doors and wanting access and information? Florida blogger Ryan Poliakoff describes a number of helpful suggestions to help you approach these situations sensibly.

Mold Problems, Mold Lawsuits, Mold Injuries – New Jersey attorney Stuart Lieberman features a piece on “The Truth About Black Mold.”   This is scary stuff, kids.

Five Things Every Condominium Manager and Board Member Should Know Before Starting a Renovation – Doing some work on the common elements this year? Be sure to follow these hot tips from Chicago construction attorney David Lewin.

Steep Increases Forecast for Ontario Electricity Prices – Canadian Capitalist sounds the alarm on hydro costs. If you’re setting your electricity budgets based on rosy forecasts or Premier McGuinty’s nebulous promises to address rising electricity rates, you’d better think again and get ready to dig deeper.

Fire at Park South Condo in Lauderhill Leaves One Woman Dead – The Florida Personal Injury Lawyer Blog reports on a nasty fire in a condo unit resulting in the owner’s death. It was later revealed that the deceased owner was a hoarder, prompting Florida condo lawyer Donna DiMaggio Berger to ask: Did cluttered condominium unit contribute to fatality? 

Hoarders in Condo Units – Here in Toronto, we saw a similar case where a fire destroyed a hoarder’s apartment. Luckily, no one died, but such situations are probably far more common than we’d care to think. In one of its inaugural pieces, The Condo Reporter blog offers insight and resources for dealing with such situations. We welcome Denise Lash and her firm’s condo law department to the blogosphere!

Settlement Factors to Consider – Is your condo involved in litigation and your board is unsure how to approach the concept of settlement? Toronto litigator Christopher Caruana thoughtfully lays out some considerations that will provide a better perspective and help get your mind in proper gear. 

Microblog posts to 11/2/2010

There has been plenty of interesting condo-related stuff in the Twittersphere from September 30 to November 2, 2010.

To help time-starved condo professionals find and enjoy the best stuff quickly, we have organized the tweets using the following handy categories:

  • Court/Tribunal Decisions
  • Tips & Cool Stuff
  • News / Commentary -- Ontario
  • News / Commentary -- Canada
  • News / Commentary -- International
  • GMA in the News

For real-time updates, follow me on Twitter.

Here we go.

Court/Tribunal Decisions

ONSC orders condo unit owner to scale back oversize deck, nixes owners' claim for oppression remedy: http://bit.ly/aDvf5l

ABQB: Construction lender not liable for building deficiencies. Lawsuit by condo vs. developer's bank dismissed: http://bit.ly/aK3FIS

ONHRT to hear case re scooter parking after condo corp fails to respond and is deemed to admit allegations: http://bit.ly/cK63tc #Baffling

ABCA: Evicting condo unit owners is an extraordinary remedy, to be granted only when other incremental remedies fail: http://bit.ly/cX532i

Supreme Ct. of Canada finds insurance coverage for construction defect claims:    http://bit.ly/cBQ2iU

ONSC: Contractor entitled to defence by insurer in construction deficiency claim brought by condo corporation: http://bit.ly/9o68bD

ONSC allows buyer to terminate purchase of new #condo unit when developer (Trump) fails to deliver unit on time: http://bit.ly/ag3Uk8 http://bit.ly/hhJKCh

ONSC approves settlement of fraud claims vs. developer's principals in class action over 2002 condo turnover: http://bit.ly/ag3Uk8

 

Tips & Cool Stuff

Unit owners fighting condo boards for "principle," read this before self-destructing needlessly: http://bit.ly/bhCqPG (@TheSpec)

RT @hoamgtcom: Thinking of running for your HOA or Condo Board of Directors? Your Community Association needs you! http://bit.ly/bBWPAE

And remember to smile!! RT @canetwork: How to Meet People in Your Condo Building  http://bit.ly/aPHIdj

 

News / Commentary -- Ontario

Time to revise condo rules to prevent flophouses? >> Cops say Toronto could become hooker haven: http://bit.ly/d7ip0k (@ottawasuncom)

Hoarding as fire hazard. City ordered cleanup of hoarder's unit months before massive highrise fire - thestar.com: http://bit.ly/c2oKlP

YorkRegion Article: Stouffville condo buyers confront builders: http://bit.ly/8ZikLf

RT @OntMinLabour Toronto Police Services have laid criminal charges against 3 individuals and Metron Construction Corp. http://tinyurl.com/2u95q2v

A high-rise tax ripoff, but no one will help - @Rachel_Sa sees little prospect of lower taxes for Toronto condos - http://bit.ly/cpsUkR

RT @condobusiness Video Report: Are condo-hotels the latest craze or a development trend that's here to stay? http://fb.me/JfR28tMY

RT @condobusiness Y. Hendler on what's involved in the property management at "Toronto's first true condo-hotel" http://bit.ly/9eomJP

Ottawa condo drama ends with removal of board: Condo residents restore super to job - http://bit.ly/9ZyXbf (@OttawaCitizen)

RT @MrSmallClaims Small claims court often involves human rights. But do human rights include legal fees? Supreme Court to decide http://tinyurl.com/2w4rmld

Heritage properties are a minefield and a burden: http://bit.ly/dtMLsX

RT @Yasir_Naqvi Do you live in a condo? Please participate in #Ontario govt's  #Condominium Survey at www.ontario.ca/condos or 1-800-889-9768 before Oct 31.

Cambridge city council candidate calls for police escort to campaign in condominium:  http://bit.ly/dvoK6V TheRecord.com

Which Toronto mayoral hopefuls understand condos? Hear the Q&As from the debate at Cdn Condominium Institute: http://bit.ly/bpKOo2 #voteTO

RT @torontoist Will condo-dwellers finally have a say this election? http://bit.ly/d6DpZz #VoteTO

I'm against liening condo units for work on common elements. @OntMAG launches Construction Lien Act consultation: http://bit.ly/aTffTg

RT @CBCToronto Condo sales surge in Ontario cities http://bit.ly/cODvHH

Claims under Condo Act s.135 affected too. RT @MortonsMusings: Oppression Remedy subject to 2 yr limitation period: http://bit.ly/93A6Aj

Time to raise condo soundproofing / airtightness issues! Ontario Govt seeks input on building code amendments –http://bit.ly/dDoW1j

 

News / Commentary -- Canada

The movement grows. RT @VPFranco: Surprise, BC is not leading the charge on smoking bans in condos. http://ow.ly/2Tg35

Consultation underway to update the Manitoba Condo Act: Own a condo? Read this - Winnipeg Free Press http://bit.ly/cQLDWE

RT @canetwork: Vancouver: Nasty fight over condo parking space leads court to ban 'vexatious litigant - http://bit.ly/9COEV6

 

News / Commentary -- International

Chicago condo bans indoor smoking. Any Toronto condos ready to take the plunge? RT @VPFranco#Smoking ban hits home:http://bit.ly/brHrVh

Non-smoking trend gains momentum in US - No butts: Apartment developers ban smoking at home - msnbc.com http://bit.ly/a0RFsc

Non-smoking bldgs increasingly desirable. Condo board votes to kick butts: SearchChicago Homes - http://bit.ly/bMWbm3

Legal system "evolving" to handle decimated market - Canceling Dubai Property Deals Nearly Impossible - NYTimes.com: http://nyti.ms/bI9aLK

Culture plays a surprisingly big part. RT @canetwork: BBC look at clothesline bans  http://bbc.in/9jzXPc

RT @habitatmag Co-op / Condo Boards: Oh boy - yet another city crackdown. Find out about the DEP's latest, on backflow devices http://tinyurl.com/278azaz

Bugs now get a clause in contracts! Bedbug Protection for Condo and Co-op Buyers - (NYTimes): http://nyti.ms/a5TVyx

Math teacher loses fight with condo over scooter http://bit.ly/cKdhGa. More like "Green argument lands man in the red!"

Indiana condo corp to pay $120,000 in racial bias case - http://bit.ly/cOQsIQ

In US, it's harder to unload condos than single family homes. RT @canetwork: WSJ: The Trouble With Condos http://bit.ly/axjUHu

 

GMA in the News

A good question, great answer and splendid plug. Thanks, Cesia! RT @cesiagreen: What exactly is a condominium? http://wp.me/pTCSP-2j

Quoted in Law Times on case of condo corporation found liable when superintendent assaults visitor. http://lnkd.in/SKThKX

I'm a case study cited by @kevinokeefe in "How much time does it take to publish a good law blog?" http://bit.ly/c7p4b1 Humbled!

GMA's Andrea Krywonis and Chris Jaglowitz attended LexBlog's "Beer for Bloggers" evening on October 21: http://bit.ly/9nQdRk

Best of the blogosphere for August 2010

With the last vestiges of summer now disappearing, it’s time to highlight some of the more notable condo-related entries from the blogosphere in August.

City Smoking Ordinances - Do They Apply to HOAs? – California condo lawyer Beth Grimm asks the tough question and raises the possibility that cities may be able to take the lead and provide a good example for condos to follow. In a related post, Beth responds to reader feedback on the question of Smoking in Units Okay … Or Not?

Present a Budget That Actually Means Something (and might actually get read) – Joe at the Community Associations Considerations blog explains why most budgets don’t strike a chord with owners. He then offers some creative suggestions and a neat specimen worth looking at. Who says budgets have to be dull, dreary and uninformative?

Upstairs, Downstairs – Among the most common complaints of unit owners are noises made from neighbouring units that are transmitted through walls or ceilings. Lawyer Paul Windust suggests some strategies for dealing with these sorts of noise complaints on his firm’s California Condo Issues blog.

How To Protect Your Roofing Investment – How do you properly test a roof? How often should you test? What new “evil genius” tools and methods are available? To find out, check this guest post at the Condominium Insurance Law blog.

Think twice before picking that legal fight! – So you’re a unit owner fed up with your condo board’s “antics.” You’ve got your lawyers cued up and set for stun. Read this piece by Donna Berger before filing the lawsuit.

The Top Five Ways Condominiums Get Into Trouble -- Elysa Bergenfeld lists some common pitfalls for condos on the New Jersey Law Blog. While some of the items are specific to that state, some are universal.

Avoiding Defamation -- Robert Meisner at the Michigan Condo & HOA Law blog reminds us that naming names is dangerous when it comes to owners who are delinquent in paying their common expenses.

Mould damage caused indirectly by rain seepage may not be covered by an all risk policy -- Insurers across Canada continue to fight mould cases tooth and nail. The latest case (a blow for condos) is summarized on the Canadian Insurance Law Blog by Vancouver law firm Harper Grey.

Questions of Fact Found to Preclude Summary Judgment – I just have to mention a blog entry that starts off like this one from Roy Mura of the Coverage Counsel blog, with: “So if you're a member of the board of directors of your condominium and you get into a bit of a tussle with the security guard of your building while returning from Christmas shopping with packages in hand and family in tow, will the condo's CGL policy respond to defend and indemnify you in relation to the guard's inevitable personal injury suit against you?” [I say: More importantly, what would Santa do?]

Best of the blogosphere for July 2010

Despite the hot weather and summer holidays, there was still some dynamite stuff in the blogosphere. Here are our picks for some of the best. 

Dispute Resolution Procedures for Condos & HOAs -- Lisa Magill of the Florida Condo & HOA Law Blog shares some tips to help turn common homeowner frowns upside down. J

The Potential for Huge Liability and Murphy’s Law -- Batten down the hatches! With natural and man-made disasters abound, the Community Associations Considerations Blog reminds us that not being prepared for the worst is not being prepared at all.

Failing To Obtain Regular Appraisals Can Hurt Associations After A Large Loss -- Florida lawyer Corey Harris observes that too many condominiums fail to regularly update their insurance appraisals.   Ontario condos should take heed – your pre-July 2010 appraisal is now 8% too low thanks to HST.

Down Economy Exacerbates Strife Within Community Associations -- Although lawyers can't reduce the economic difficulty facing homeowner associations and condos, Daniel Zimberoff at the Northwest HOA and Condo Law Blog has tips to help avoid unnecessary conflict within homeowner communities during tough times.

The Law of Insubordination -- Not sure when employee insubordination amounts to just cause for dismissal? Toronto labour and employment lawyer Michael Fitzgibbon summarizes the state of the law in this sometimes vexing legal area.  

How Does Subrogation Work? -- Chicago construction lawyer Joshua Glazov takes a crack at the answer and offers examples in both the insurance context and the construction financing setting.

The Condo Pre-Delivery Inspection (PDI): What to Expect & Tips -- The bloggers at livehigh.com remind us that doing a proper PDI requires more than just checking if the unit has four walls, ceiling and floor. Take your time and be thorough!

Did we miss anything?  Let us know by submitting a comment below.

Happy Friday the 13th.  Tell your building super not to walk under any ladders and remind owners to lock up their black cats for the day.

Best of the blogosphere for June 2010

Here, for your early summer reading pleasure, are some of the most thought-provoking pieces from the condo law blogosphere last month. 

Community Needs Cosmetic Surgery -- Mike Inman of the Virginia Condo & HOA Blog suggests a good thought process for boards to follow in deciding whether and how to conduct renovations at their complex.

How to Effectively Run a Board Meeting -- Are you looking for a way to shorten those agonizing board meetings that go nowhere and don’t end?   Try some of the tips offered by Ashley Yorra of Vial Fortheringham and bring order to chaos.

Can Owners View Draft HOA Meeting Minutes? -- The answer is not cut and dry, according to this article on LeClairRyan’s Virginia Community Association Law Blog.

When the Board Should Really Call the Association Attorney – Part I --In a two part series, Donna Berger provides helpful examples about when to call the lawyers. Part II is here.   Don’t be penny wise and pound foolish!

Do Away With Community Directory -- Does any condo still publish an owners’ directory? If so, Ohio condo lawyers Kaman & Cusimano suggest that you rethink the wisdom of that decision.

Smoking in Community Associations -- This topic has grown legs in recent months and will continue to gain momentum.   The folks at HindmanSanchez’s HOA Legi-Slate blog feature a meaty NY Times article on the growing movement to ban smoking in multi-unit residential buildings.

“Smoking and condominium associations” -- Another smoking piece, this one from Patrick Brady at the MEEB law firm in Boston, discusses the developing trends in American lawsuits over smoking in close quarters and gives some insight into the state of the law on this growing issue and where it’s going.

Getting the Scoop on that Poop -- CSI comes to Condoland. The blogosphere and Twitter were abuzz last month with the story of the Baltimore condo considering (then rejecting) DNA testing to help identify the source of dog poop on common elements. Lincoln Hobbs of Utah reveals that the idea is not so crappy after all!

HOAs Going Green with a bit of Kicking and Screaming -- In a guest post on the Construction Law Musings blog, Arizona community association lawyer Roger Wood discusses the difficulties of “going green” from the perspective of boards of existing condos and HOAs. Whereas life is easier for the new developments that are built with green technology, existing associations seem doomed to stumble through the conversion process.

How to Deal With a "Crazy" Board of Directors -- After tackling the issue of dealing with crazy owners earlier this year, Daniel Zimberoff at the Northwest Condo and HOA Law Blog turns the tables and shines the light on the boards. 

Goat Dispute Highlights Best Practices for Covenant Enforcement -- Seattle condo lawyer Kevin Britt reminds boards to think carefully when confronted with a potential rule violation. 

Best of the blogosphere for May 2010

This month’s best of the blogosphere collection contains a blend of the latest news, time-tested advice and some recurring issues.

The Gulf Oil Spill: Prepare for the Worst - Hope for the Best – John Cottle of the Florida Condo and HOA Law Blog offers tips to community associations in the areas affected by the massive oil spill in the Gulf of Mexico.

Embezzlement Prevention Strategies from Accountant Andrew Cohen – Seattle condo lawyer Kevin Britt posts some tips to help boards prevent fraud. This topic never gets tiresome, given the rising number of frauds being reported.

Fake Security Cameras - A Good Idea? – California condo law guru Beth Grimm takes a shot at this question.  

2010 Hurricane Preparedness Guide for Community Associations is Now Available!! – Just in time for hurricane season, the Community Advocacy Network of Florida has posted a sensible guide to preparing for disasters and how to respond to them. Some good ideas here to help batten down the hatches.

An Ombudsman For Everyone? Apparently Not – Colorado HOA lawyer Mark Payne reports on that state’s trials and tribulations in passing law to appoint an HOA information officer.

Overhauled Ombudsman Bill Passed by the Senate – Molly Healy-Jones of Colorado’s HOA Legi-Slate blog gives more details about their new ombud law.

Skype and ROC Board Meetings – Florida resident-owned community lawyer Scott Gordon extols the virtues of using Skype as an inexpensive and efficient way for board members to hold meetings. Good stuff.

Thoughts Regarding the 2010 CAI Conference – In the recently-launched Condominium Insurance Law Blog by Merlin Law Group in Florida, Corey Harris reflects on the successes and continuing importance of the Community Associations Institute.  

CAI Soars At 30,000 – Over at CAI’s own blog, president Tom Skiba sums up his organization’s past year of growth and successes, capped by a very successful annual conference. Congratulations to CAI.

What Generation are Your State’s Common Interest Laws? – American condo/HOA law buffs will value Lincoln Hobbs’ observations about how to date or classify the community association laws of each state.

What were they thinking? Going without insurance is not an option – Donna Berger leads the head-shaking about the story of the Florida condo that cancelled its insurance policies to save money and was subsequently destroyed by fire.

5 Things Every Buyer Should Know about Model Suites -- Toronto realtor Andrew la Fleur shares some suggestions to help prospective new condo buyers avoid being flabbergasted by developers’ model suites.

Board Members: Making the Difficult Decisions – Oregon lawyer Michael Montag correctly points out that “as an HOA board member, you’re constantly between a rock and a hard place.”   He then offers some strategies for getting out from under the rock.

10 questions to demand of your board candidates – New York realtor Malcolm Carter suggests 10 questions to help unit owners decide whether to re-elect board members. Hopeful incumbents would be wise to answer these questions in their campaign speech.

Honesty & Transparency in Association Governance – Michigan condo and HOA lawyer Robert Meisner shares a tale of a condo board passing budgets and making decisions with a clearly apparent lack of process and procedure.   This kind of situation occurs all too often and creates mistrust and suspicion among owners, leading to serious divisions in the community.

Best of the blogosphere for April 2010

It's time once again to sample some of the best condo-related news from the blogosphere.

Spring has different meanings to different people – With winter behind us, it’s time to get to work on the year’s maintenance and reacquaint yourself with your neighbours.   Hats off to the Community Associations Network blog for some pleasant seasonal tips!

Owner posts website about his HOA problems and gets sued – The title says it all.   Check out the story and follow the links to the offending website to see what all the noise is about and whether you can get to the bottom of the million dollar question... oops, I mean “lawsuit.”

Proper Protocol for a Board’s Use of Emails – Everybody and their brother uses email these days and condo boards are no exception. Donna Berger offers some practical guidelines to avoid typical problems arising from condo boards use of email.

Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law – Imagine if you couldn’t sue architects, engineers or surveyors if their negligence affects your condo.  That nightmare scenario may come true in Florida if legislators don’t give their heads a good shake. Sanjay Kurian sounds the alarm.   

Condominiums and Second Hand Smoke Claims – Mark Wiechnik of Stark & Stark summarizes the leading cases on second hand smoke in condos, including a Canadian case, and offers his prediction of what may result and how those cases might impact condos in New Jersey (and everywhere else!).

Spiteful Conduct by Board Member – This Q&A on the Virginia Condo and HOA Law Blog offers some guidance on the potential liabilities that arise by vindictive conduct of a board member.

 "Not by the Hair of my Chinny-Chin-Chin!" – Is this the answer your manager gets when trying to make entry to a unit?   Check out California lawyer David Swendelson’s suggestions before huffing and puffing.

When Condo Fires Strike...... – Lawyer Stuart Lieberman recites some of the considerations that come to mind when you put “fire” and “condo” in close proximity to each other.

Keeping Your Association Afloat: Implementing Hardline Collections Tactics – Effective collection of common expenses is critical.   Sarah Lappin at the Vial Fotheringham blog suggests that misguided soft-heartedness shouldn’t be allowed to destroy your condos finances.  

CMCA Program Achieves National Accreditation – The Community Associations Institute announces on their Ungated blog that their professional designation for community association managers (“CMCA”) has received special national recognition. Congratulations to CAI on this achievement!

The Challenge of Structural Distress in Aging Buildings – Florida condo construction litigator Alan Tannenbaum warns that most Florida condos are unlikely to meet the 50-year lifespan predicted by studies. He offers advice on how to stretch out those years.

Lenders and Squatters Accessing Homes Prior to Foreclosure -- Daniel Zimberoff of the Northwest Condo & HOA Law Blog highlights a common problem facing American community associations in areas where the housing market crisis shows no signs of abating.

Best of the blogosphere for March 2010

Here is this months’ instalment of condo-related goodies from around the blogosphere.

Top 10 Issues for 2010 and Beyond…. – Here’s a list of issues that associations are going to face this year and in the near term, courtesy of the Community Association Considerations blog.

ROC Presidents Must Vote at Board Meetings – Florida law blogger Scott Gordon helps shatter the misconception that association presidents can’t vote and explains how Robert’s Rules of Order is often misinterpreted.

Elections in HOAs and Condos - Can the Board Endorse Candidates? – California condo law guru Beth Grimm tackles this issue head-on. 

Show Me The Data – An "overwhelming majority" of Americans are satisfied with the governance and management of their community associations, according to a survey reported on the Community Associations Institute blog. Check out the data. Would the results be similar on this side of the border?

Private Rights or the Economic Survival of the Community—Which comes First? – Tyler Berding posts an interesting exchange on the Condos in Crisis blog about whether homeowner associations are undemocratic, and whether the answer matters or not. What do the anarchists in the crowd have to say about this?

Is your community considering an automated external defibrillator? – Florida condo lawyer Donna Berger outlines the relevant factors to consider. Keep in mind that Ontario passed a “Good Samaritan” law in 2007 related specifically to defibrillators. Look into getting one of these life-saving devices.

Best of the blogosphere for February 2010

For a short month filled with Olympic excitement (Yay Canada!), there was still plenty of great condo-related stuff in the blogosphere in February. 

Businesses should learn from 2010 Olympics surveillance camera debate -- Winnipeg privacy lawyer Brian Bowman emphasises the importance of having appropriate policies in place to manage the data recorded by surveillance cameras. If your condo has surveillance cameras, you need to implement proper written policies.

Association Driving You Nuts? – Take Out a Creepy Newspaper Advertisement -- Roger Wood of Arizona law firm Carpenter Hazlewood blogs about the slings and arrows hurled at HOA/condo boards and their professionals and offers some constructive suggestions to the malcontents who give “barbarians at the gate” a bad name.

Would a Condo and HOA Board Member Draft Solve Our Problems? -- Donna Berger debates condo conscription.    She also offers some important negotiation tips for community association members in Association Negotiations 101!

There's No Such Thing as a "Slam Dunk"! A True Story -- California Condo & HOA lawyer Beth Grimm offers an important reminder about condo litigation. Her advice: Don't Get Bamboozled Into A Lawsuit! 

When Homeowners Associations Attack -- Seattle condo and HOA attorney "HOA Sues Former Board for $70 Million". 

Warning Buyers about Noisy Neighbours -- Brian Madigan of the Ontario Real Estate Blog offers a realtor’s perspective on one of the most bedevilling situations for anyone trying to sell a property.

Coping with the Demands of an Aging Population -- The estate lawyers at Hull & Hull highlight the most recent reports on the growing cost of our aging population.   Are condos going to be impacted by this demographic phenomenon?   You bet.

ROCs and Civil Rights -- Scott Gordon of the Resident Owned Community law blog shares his experience visiting the National Civil Rights Museum and reflects on the important connection between civil rights and community living.

Best of the blogosphere for January 2010

In case you spent January at the gym or fulfilling other resolutions for the new decade, here is our mini-digest of noteworthy condo-related posts from the blogosphere last month.

Enjoy the Family Day long weekend!   

Records Retention: Going Paperless through E-Archives -- Paper is so passé! Marilyn Perez-Martinez of the Florida Condo & HOA Legal Blog describes some of the critical considerations in devising an electronic archive process for storing a condo’s records.  The key is in preparing a sound plan.

A Building Component does not become Common Area just because it was placed or built on the Common Area -- California HOA attorney David Swedelson blogs on a recent appellate case that sounds strikingly similar to our Court of Appeal’s ruling in Wentworth Condo Corp. 198 v. McMahon.   

Recognizing the Fraud Triangle -- Increase your vigilance. Florida condo lawyer Donna Berger highlights some telltale signs of fraud and how to spot them. 

CCAL Seminar -- The Case Law Update – Utah condo lawyer Lincoln Hobbs blogged about the presentation of the past years' top condo/HOA cases at the US College of Community Association Lawyers' annual law conference. Other seminars were reported, including CCAL Law Conference -- The Unauthorized Practice of Law.

The 2009 Home Renovation Tax Credit and CondominiumsIt’s tax season again, and property manager Tracey McLellan offers some suggestions for reporting and claiming the HRTC.  

Dealing With "the Crazies" Within a Homeowner Association -- Daniel Zimberoff at the Northwest Condo & HOA Law Blog offers some advice for what is probably a remarkably rare situation that is seldom faced by condo boards and mangers. 

The Sword, the Shield, and the Guide - Working with the Association's Attorney -- Kevin Britt of the Seattle Condominium and Homeowners Association Attorney Blog identifies and describes three distinct roles that a lawyer can fill when acting for a condo or community association.

Make indoor air quality test a standard part of real estate purchases -- Bob Aaron notes that people are becoming increasingly aware of the dangers of radon gas but that indoor air quality is not yet dealt with as part of real estate transactions. He also describes a number of ways to test for radon.

Best of the blogosphere for December 2009

With the twenty-tens now well underway, let’s look back at some of the best of the condo-related blogosphere for the last month of the “aughts.”

New Year Resolutions for Boards – Colorado lawyer Molly Foley-Healy of the HOA Legi-Slate blog suggests three new years’ resolutions that any condo or HOA board should make. It’s not too late!

10 Tough Questions with Herman Turkstra - The Hamiltonian blog picks the brain of local institution, lawyer and former politician Herman Turkstra on Steeltown’s successes, failures and future.

How Much Are My Condo Fees Per Square Foot? – In a recently-launched blog called It’s a Condo Life, Oshawa property manager Tracey McLellan shines some light on how comparing common expenses of different buildings can be confusing.

Enforcing CC&Rs Through Electronic Surveillance -- Daniel Zimberoff of the Northwest Condo & HOA Law Blog suggests that better surveillance may lead to better compliance with covenants, conditions and restrictions and can simplify rule enforcement cases.

Condominium corporation approval for hot tub not needed? -- Toronto Lawyer and blogger James Morton shows us the guts of the Ontario Court of Appeal’s decision in the famous hot tub case of 2009, WCC 198 v. McMahon.

Well... Everyone Knows It: The Testimony of a Mold Expert -- Mark Wiechnik of Stark & Stark’s New Jersey Law Blog takes on the popular conception that toxic mould causes serious health issues in humans. Judging from the number of lawsuits, mould seems like the bogeyman of our time, notwithstanding that the link between mould and harm to human health is far from clear. A provocative piece.

How To Enforce Civil Judgments in Ontario – If you ever wanted to learn about how we turn a court order into money in the bank, see this entry by Toronto insurance lawyer Pamela Pengelly on her Res Ipsa Loquitor blog.

Best of the blogosphere for November 2009

November was a busy month for condo professionals in the Greater Toronto Area. The Annual Condo Conference was a great hit, as was ACMO’s pub night and monthly educational luncheon.

Here are some of the best condo-related posts from the blogosphere last month. Click the bolded titles to view the entries.

Buyers hit with big bills for surprise adjustments - Bob Aaron describes the despicable practice of a  condo developer that saddles new unit purchasers with charges of up to $11K as an adjustment for increases in a levy charged by municipalities but never actually incurred or paid by the developer. Buyer beware.

The Essential Ingredient in Effective Management of Community Associations - Lawyer Tyler Berding describes the players, their perspectives and a number of sensible tips for minimizing disputes in community associations.

What does it mean to owe someone a fiduciary duty? - Florida HOA attorney Donna Berger discusses this commonly-used term and the obligations of condo directors. In a separate post called What should be expected of owners in community associations? she then lists some basic obligations of unit owners that should be common sense but are forgotten or ignored too often.    Fairness is a two-way street.

ROC Boards Should Use Common Sense and Compassion When Enforcing Rules - Scott Gordon of the Florida Resident Owned Community blog cites a recent example of a board acting sensibly in a rule enforcement situation.

The Mezuzah Conundrum - Religious Fixtures on Common Element Doorposts - Bradley Chaplick of Fine & Deo illustrates a delicate scenario that requires a delicate touch when it comes to declaration and rule enforcement. 

Toronto-area readers may wish to get their snow shovels ready.   The winter weather is finally about to begin.  

Best of the blogosphere for October 2009

From the many blog entries that might interest condo directors, owners and managers, here are some of the best of the past month.

Click the bolded titles below to read the entries.   Enjoy!

Do you know what your association attorney thinks of you? – Have you ever stopped to think about what your lawyer thinks of your condo and its board? Find out what's on the minds of the lawyers at Donna Berger's Florida law firm.

ROCs can use written rules to encourage civility at meetings – Scott Gordon of the Florida Resident-Owned Communities Law Blog suggests that passing rules to govern members’ conduct at annual meetings may be an appropriate way to deal with declining civility and courtesy.  Hear, hear!

Use Prepaid Credit Cards for Online Purchases -- Canadian Capitalist suggests using prepaid credit cards to minimize risk when shopping online. My thought:  Condos that provide their superintendents with a corporate credit card for emergencies or purchasing supplies could use prepaid cards instead to help lessen the chance of a huge unauthorized bill and to protect against theft. These cards might also be a good gift idea.   Compare the costs and features of the most popular pre-paid cards at Million Dollar Journey's entry on Prepaid Mastercard and Visa Credit Card Comparison.

HOA Boards Often Approach Me with a Plan and a Question – The lawyers at northwestern US law firm Vial Fotheringham lament the fact that too many HOA boards enact a plan first, and then ask their lawyer “can we do this?”  Good discussion on the scope of a board's authority.

Before Buying Into a HOA or Condo Association... – What due diligence would “The Donald” conduct before buying a condo? Find out by reading this entry on the Trump University Blog.

Mold and Water Damages Often Expensive to Repair – Lisa Magill at the Florida Condo & HOA Law Blog offers practical suggestions to avoid commonly encountered mould problems when owners leave their units for prolonged periods (or for good).

Directors and Officers Coverage is Not the Same as Fidelity Coverage – Lincoln Hobbs of the Utah Condo Law Blog speaks the truth.

Best of the blogosphere for September 2009

Here are some of the many interesting condo-related items from around the blogosphere last month.  Click the bolded titles to view the original entries.

Virginia homeowner may lose home because of failure to fund reserves – The HOA Legi-Slate blog of law firm HindmanSanchez in Colorado cites a heart-wrenching story of a condo board’s failure to properly fund its reserve leading to a special assessment of $15,000 per unit in order to raise the $2 million needed for emergency repairs. A recently laid-off unit owner stands to lose her home as a result. This piece contains helpful lessons for board members and for unit owners, who should remember that this scenario can easily happen anywhere, especially when directors are elected on the ever-popular (but foolish) "zero increase" platform.

How to pick the right attorney for your community – Florida HOA attorney and blogger Donna Berger gives some pointers on choosing lawyers that will best serve your community association. I say (with tongue-in-cheek) to select the firm with the best condo law blog!

Alzheimer’s Advance: 115-million by 2050 – Toronto trusts and estates lawyers Hull & Hull discuss a recent report pointing to an imminent explosion in Alzheimer’s cases around the world. Start asking how this trend will impact your condo and what you should do to prepare. Consider asking a local estates lawyer to give an info session to your residents on the importance of having their personal care affairs in order.

Illinois Manager Licensing FAQUngated, the blog of the Community Associations Institute, reports that law has now passed regulating the property management profession in Illinois starting in January 2010. An FAQ page is presented. 

Aging in Place: A New Plan for the Suburbs? – In a rather futuristic piece, California lawyer Tyler Berding predicts the coming end of suburban neighbourhoods as we know them and suggests that aging condominiums and their residents may become the building blocks for a new way of living.