July 2011

The Courthouse News Service reported on a story that really caught my attention. Evidently, the City of Atlanta Watershed (“Atlanta Watershed”) has threatened to shut off water to the 125-unit Villages of Cascade Homeowners Association (“Association”) as early as today if the Association does not pay 25% of an outstanding balance due for water supplied by the Atlanta Watershed. 

 

The Association utilizes income from assessments to pay water fees for all of the units which are linked to a single water meter. Obviously, assessment income is also used to pay for all of the common expenses of the community. But get this – the Association reportedly has an assessment delinquency rate of 63%! While this economy has certainly taken a toll on the ability of some homeowners to pay their assessments in a timely manner, a 63% delinquency rate is astounding even for this economy. Continue Reading Failure to Budget Appropriately and Collect Delinquencies Has Major Consequences for HOA

SummitDaily.com has reported on a condominium association in Breckenridge that was thinking outside the box when considering renovation options for the community.  As part of the renovation project, the Longbranch Condominium Owners Association (“Association”) was looking at replacing the Association’s boilers. 

In researching options for heating water, the Association worked with a team of three companies (Mech Tech, RE-Align and Sunshine Solar) to create and install a solar thermal supplemental hot water system. This system will provide about 75% of the hot water utilized by residents in the 60-unit Association. In addition, excess hot water will supplement the pool, sauna and hot tub.Continue Reading Breckenridge Condominium Association Goes Solar to Heat Water

Back in May, Lindsay Smith blogged on a story involving a couple in Louisiana who were displaying a banner in their yard supporting their son who is a Marine serving in Afghanistan. 

Timothy and Jodi Burr, the proud parents of the Marine, claim that a covenant of Gardens of Southgate Homeowners Association (“Association”) prohibits the placement of signs on lawns within public view. They also maintain that the Association is selectively enforcing this covenant since the Association has allegedly not taken enforcement action on “numerous signs throughout the neighborhood.” 

 

Since May, this story seems to have taken on a life of its own and has become extremely ugly. Evidently, the couple did not take down their banner and the Association has filed a lawsuit against them to force compliance. In addition to the issue of selective enforcement, the couple has contended that the Association has been unresponsive to their requests for a meeting to discuss this issue. Continue Reading Do HOAs Need to Rethink Prohibitions on Displays Supporting Members of the Military?

The Denver Post recently ran an opinion piece about underwater homeowners who decide to walk away from their obligations entitled "The Wisdom of Walking Away From Your Mortgage."  In one case, the owner – who made a $100,000 annual salary and invested in multiple real estate clubs – walked away from his $435,000 mortgage to rent a less expensive property.

The tone of the piece indicates some owners believe they are entitled to walk away from a bad bargain because so many banks took bailout money.  It neglects to acknowledge that many banks did not take bailout money, but are still being lumped together with the evil corporate behemoths that did.   The sense of entitlement that permeates the article is offensive to anyone who still believes that parties should abide by the agreements they make.  Perhaps I’m old fashioned, but as a lawyer, and as a community association lawyer with an emphasis in covenant enforcement, I tend to think that contracts are a good thing that should be respected by both parties.Continue Reading “She said I want to walk away and start over again….”

Suzanne Leff and I have had a heated discussion this afternoon regarding the issues of animal hoarding, stray cats, and an Association’s related responsibilities and powers.  We were inspired by this story, in which a "cat lady" defeated her HOA’s notices of violation.  The cat lady provided food and shelter to stray cats, and had been doing so for several years – with the Association’s knowledge and consent.

The Association then determined that the stray cats she fed and sheltered constituted a nuisance and that she was feeding wildlife in violation of the covenants.  In addition, she’d erected a small feeding structure in violation of the covenants.  After multiple hearings, the Association backed down from its position, creating a victory for feral cat lovers everywhere.

Suzanne Leff is somewhat heartless and thinks the Association should not have permitted the cat lady to continue her feline-atarian activities.  Gina’s primary concern is whether the cats have assets that could be collected in the event the cat lady fails to pay her assessments.

I take a different perspective.  This is yet another case of an overbearing HOA dictating what owners can and can’t do on their own property.  The cat lady’s actions ultimately save lives, decrease governmental spending on animal shelters, and provide an endless supply of lolcat pictures.Continue Reading Crazy Cat Lady or Loving Animal Caregiver?

A condominium association in Jeffersonville, Indiana is facing litigation after an elderly resident assaulted an association employee.  Seventy-two year old Betty Haley tried to chest bump (really!) employee Reid Blasi out of her way when he blocked her exit from the pool at the Harbours Condominiums.  You can see the video here.

In response to the chest bump, Mr. Blasi pushed Ms. Haley backwards into the pool.

Big mistake.

Ms. Haley had previously been banned from the pool for "excessive splashing," but continued to use the facilities.  As an aside, what can a 72-year-old woman do that constitutes excessive splashing?  Were the other people at the pool upset they were getting wet?  When does splashing cross the line from enthusiastic to excessive?

To top it all off, mysterious posters of Ms. Haley with sketched-in devil horns have appeared throughout the condominium, calling for her "dead or alive – preferably dead."

We can’t make this stuff up.

Banned for excessive splashing (and being the Prince of Darkness).

Continue Reading Chest Bumping and Excessive Splashing

Every member of an association has something unique they can contribute to their Board.  Board members with backgrounds in insurance, landscaping, law, and construction often provide expertise most people don’t have and become invaluable to an association.  Even without relevant experience, your unique perspective can help your association function better.  You may be considering taking the leap to become a Board member.  We always welcome interest from new and past members, but recommend you do a little thinking before you submit your name for Board consideration.Continue Reading So You Want to be a Board Member…

As regular followers of this blog are aware, Colorado homeowners associations cannot effectively prohibit the installation of renewable energy devices on individual homes and units, although they can impose reasonable restrictions on the devices.  Molly Foley-Healy addressed this matter in detail back in May.

Today, the Denver Post published a story about the Acres Green Homeowners’ Association and its fight against the Douglas County School District’s attempt to install solar panels on the ground near Acres Green Elementary.  The Association argued to the Douglas County Planning Commission that the solar panels would constitute a potentially dangerous eyesore, and the problem could not be effectively mitigated by screening the panels from view.  The School District could not install the panels on the school’s roof because, after contracting for this installation, it was determined the roof couldn’t support the project.

Not in your backyard? Hope your HOA agrees…Continue Reading Your HOA Can’t Stop You From Installing Solar Panels – But it Can Stop the School District!

As I was perusing news headlines this morning, I came across an article from Time Moneyland about the City of Oak Park in Michigan. As a Michigander myself, this story caught my attention. At the outset, it’s important for everyone to understand that Oak Park is not a homeowners’ association. I repeat Oak Park is not a homeowners’ association. And all I can say about that is what a relief! Continue Reading City of Oak Park Could Jail Gardener