Question: I live in a townhouse style condominium that is comprised primarily of young families and, consequently, we have quite a few dogs in the community. Our recorded Condominium Declaration states: “No more than two (2) pets shall be maintained per Unit. The Board of Directors may promulgate additional rules and regulations regarding pets.” Our Board of Directors has passed a board resolution changing the number of pets allowed per unit from two (2) pets to one (1) pet. My son is heartbroken that we will have to choose which one of our dogs we have to give away. Can board members just make up their own rules?
Continue Reading Can Board Members Make New Rules and Change Old Ones?
Making the case for replacement reserves
If you own a single family home and your roof needs to be replaced, you either have to take money from savings or borrow the funds to pay for it. Either way, it’s your sole responsibility to replace your roof. But what if you own a condominium unit and the roof of your building needs to be replaced or the streets need to be repaved? What if you live in a homeowners association and the pool deck needs to be replaced? Don’t you expect all of the owners in the community to contribute to the costs and don’t you expect there to be enough money in “savings” to pay for it.
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What is Fidelity Insurance and why does my Association need it?
The American Heritage Dictionary defines “fidelity” as “faithfulness to obligations, duties, or observances,” but what does fidelity mean to your association and why do you need fidelity insurance? Every association collecting assessments has one or more persons handling the financial obligations of the Association (collecting and depositing assessments and paying invoices). Every board member, management company employee or other individual handling an association’s funds has a fiduciary responsibility to handle those funds in a way that best benefits the association, but what if they don’t?
Continue Reading What is Fidelity Insurance and why does my Association need it?
WHEN CAN OWNERS SUBMIT A COMPLAINT TO THE COMMON INTEREST COMMUNITY (CIC) BOARD?
Since 2012, all associations have been required by Virginia law to have a complaint procedure in place so that owners have a way to submit written complaints to their association board of directors. The Common Interest Community Ombudsman Regulations provide specific ways in which associations must deal with owner complaints and time frames for responding to owner’s written complaints. These Regulations also provide a means for owners to submit certain complaints to the CIC Board Ombudsman when an association has either not responded to an owner’s complaint or the association has responded with a written determination that denies the corrective action sought by the owner (known as a “Final Adverse Decision”).
Continue Reading WHEN CAN OWNERS SUBMIT A COMPLAINT TO THE COMMON INTEREST COMMUNITY (CIC) BOARD?
Leasing Restrictions Dos and Don’ts
Leasing restrictions can be one of the most controversial and complicated matters in community association governance. Between statutory requirements, governing documents and VA/FHA regulations, how are Associations supposed to sort it all out, especially when there are often conflicts between them? Not to mention the fact that statutory and lender regulations seem to change just when you are starting to get use to the current requirements. The information below is meant to provide you with a general overview to help you determine if you are properly handling rentals in your association or wish to restrict them. But remember, it’s subject to change without much notice!
Continue Reading Leasing Restrictions Dos and Don’ts
Is your Resale Certificate up-to-date?
If there is one thing we seem to be able to count on from the Virginia General Assembly, its frequent amendments to the statutes regarding association resale certificates and 2017 was no exception.
Under the “News You Can Use” section of this site, Jeanne Lauer explained the new legislation regarding “For Sale” signs in condominium
Fair Housing Act – Emotional Support Animals
Revock v. Cowpet Bay West Condominium Association
Third Circuit Court of Appeals, 2017
A very instructive case was decided last month in a Federal Appeals Court which will demonstrate almost everything not to do with respect to compliance with the Fair Housing Act relative to emotional support animals. This case dealt with a suit brought by two emotionally disabled unit owners in a condominium community that had a no pet rule. The association had no policy regarding service animals or emotional support animals. The residents seeking approval of their dogs provided appropriate paperwork supporting their need for the dogs. Certain residents were upset by the violation of the no pet rule expressing their views on strongly worded and insulting blog postings and called for these violators to be fined.Continue Reading Fair Housing Act – Emotional Support Animals
Fiduciary Duty and Community Association Board Members
We frequently talk about the fact that homeowner association board members have a "fiduciary duty" to the members. What exactly is it? Is it spelled out in the law? What sort of actions would violate that duty?Continue Reading Fiduciary Duty and Community Association Board Members
NEW FHA OWNER OCCUPANCY REQUIREMENTS COULD BENEFIT SOME CONDOMINIUM COMMUNITIES
A few months ago we informed you that both houses of Congress voted unanimously to pass the Housing Opportunity Through Modernization Act (HOTMA) which, in part, required FHA to lower the required percentage of owner occupied units in condominiums from 50% to 35% unless FHA could prove that a higher percentage of owner occupancy was justified. Continue Reading NEW FHA OWNER OCCUPANCY REQUIREMENTS COULD BENEFIT SOME CONDOMINIUM COMMUNITIES
BEING SECRETARY OF THE ASSOCIATION CARRIES SIGNIFICANT RESPONSIBILITIES
Questions often arise about the duties of the secretary in taking and producing minutes of meetings and providing association records to members. The primary functions of the Secretary are to produce minutes of meetings and maintain the records of the association. The secretary must produce a draft of the minutes for approval, and then finalize them with any changes upon once they are approved at the next meeting. Records to be maintained include all of the minutes, any resolutions adopted by the Board of Directors, correspondence, contracts and notices of meetings.
We suggest that the following files be maintained:
Continue Reading BEING SECRETARY OF THE ASSOCIATION CARRIES SIGNIFICANT RESPONSIBILITIES