Posted on May 15, 2010 by Chris Jaglowitz

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.
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Posted on November 2, 2009 by Chris Jaglowitz

Education is often the key to solving condo problems

Most problems facing condominium corporations are either created or made more complicated by the simple fact that owners or directors (sometimes both) lack basic knowledge about the rights and responsibilities of the various stakeholders in the condo community.

This obstacle can be partly overcome in a number of ways. Here are four:

First, your corporation should engage the services of a professional property management firm. One of the main functions of any reputable management firm is to direct their collective skill, knowledge and experience to solving a host of problems or disputes in a condominium setting. In selecting a management firm, start with those that have earned or are working towards the ACMO 2000 certification. This designation is conceptually similar to the well-known ISO-9001 certification and consists of measurable minimum standards of performance and service. The ACMO 2000 certification is administered by the Condominium Management Standards Council at the Association of Condominium Managers of Ontario (“ACMO”).

Second, insist that your on-site manager possess or be working towards the Registered Condominium Manager (“RCM”) designation. This designation, administered by ACMO, is granted to individuals who have achieved a minimum two years’ experience in condominium property management and have successfully completed a comprehensive educational program covering administration, condo law, physical building management and financial planning. The condo board is often only as knowledgeable as its front-line manager. Make sure yours is well-qualified.

Third, your corporation and unit owners can (and should!) take advantage of the excellent educational courses offered by your local chapter of the Canadian Condominium Institute. Here in Toronto, the local CCI chapter has a full slate of courses of various lengths on a number of practical topics for condo directors, owners and even prospective purchasers. It would be ideal for every condominium director and owner to take some of these courses.   The small cost of these courses is insignificant when you consider the fact that most condominiums are million-dollar operations that directly and significantly impact the lives of their unit owners.  

Fourth, managers, directors and owners should consider and explore other educational opportunities, such as:

Having professional management and a well-educated board and membership will go a long way towards avoiding or minimizing the most commonly encountered disputes and problems.  
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Posted on October 4, 2009 by Chris Jaglowitz

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 FAQ – Ungated, 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.

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Posted on August 6, 2009 by Chris Jaglowitz

New York contemplates regulation of property managers

Stark & Stark reports that the State of New York is considering legislation that will, if passed, require residential property managers to be certified by a state-approved certifying organization and then register with the state.

This approach may be an interesting hybrid between self-regulation and state regulation but, as with all legislative initiatives, the devil will be in the details (which can be seen here).

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