Molly Foley-Healy

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Ultimate Katy has reported on a homeowners’ association (“HOA”) in Katy, Texas that has been hard hit by the association’s treasurer who allegedly misappropriated over $78,000 of association funds. Making matters worse, it is alleged that Anthony Geffert used the funds to pay Advantage Lifeguard Services (a company Geffert owns) for services that were never rendered to the Association. 

Other than the obvious conflict of interest that Geffert had relative to Advantage Lifeguard Services, which was hopefully disclosed and handled appropriately, this theft of funds could have been prevented by the Association taking the following steps:Continue Reading Protecting Your HOA from Theft of Funds

As I was perusing HOA headlines, I noticed an editorial written by the Desert Sun Editorial Board entitled Thumbs Down: Homeowners associations should allow solar panels on condominiums. The editorial slapped the Palm Valley Homeowners Association for not permitting a couple to install solar panels on the roof of their condominium. The roof is a common element and the Association is concerned about damage. While the couple has said they would accept full legal responsibility for damage, the Association doesn’t seem inclined to budge on the issue.

On July 28th, I blogged on a Breckenridge condominium association that had installed a solar thermal supplemental hot water system on the rooftop of the condo building. What is important here is the association installed the system on the roof it is responsible for maintaining. In the Desert Sun story, the homeowners are requesting to install panels on a roof which the association is responsible for maintaining, repairing and replacing. Continue Reading Installation of Solar Panels by Homeowners on Roofs of Condominiums

For anyone who has gone through the process of searching for a new home, you have probably experienced the exhilaration of finally finding the perfect home! If your perfect home is located in a homeowners’ association (“HOA”), do your homework, ask some important questions and be honest with yourself before signing on the dotted line. Here are some suggestions: Continue Reading Before Buying In An HOA: Educate Yourself and Ask Questions

CNNMoney has just reported that Standard and Poor’s Rating Services (“S&P") has downgraded the credit rating of Fannie Mae and Freddie Mac from a triple A rating to AA+. As you know, Fannie and Freddie fuel home sales by purchasing mortgages from lenders. What impact, if any, will this have on the sale of units in homeowners’ associations…

From time to time, homeowners’ associations (“HOAs”) are faced with the problem of addressing a resident who hoards. The Mayo Clinic defines hoarding as: 

“. . . the excessive collection of items, along with the inability to discard them. Hoarding often creates such cramped living conditions that homes may be filled to capacity, with only narrow pathways winding through stacks of clutter. Some people also collect animals, keeping dozens or hundreds of pets often in unsanitary conditions.

 

Hoarding, also called compulsive hoarding and compulsive hoarding syndrome, may be a symptom of obsessive-compulsive disorder (OCD). But many people who hoard don’t have other OCD-related symptoms.

 

People who hoard often don’t see it as a problem, making treatment challenging. But intensive treatment can help people who hoard understand their compulsions and live safer, more enjoyable lives.”Continue Reading Woman with Thousands of Rats Highlights Problems Associated with Hoarding

If you think about it, over the last 10 to 15 years, the explosion of the internet and electronic communications has drastically changed our lives and how we do business. I actually remember when I dictated documents, my legal secretary literally made carbon copies when typing on her IBM Selectric and we used a fax machine to expedite communications. The pervasiveness of email communications has not only revolutionized the practice of law, it has changed the way we live our lives and how many boards of homeowners’ associations (“HOAs”) govern. 

Is it a good thing when boards hold discussions and make decisions via email on issues affecting their associations? In my opinion – not so much. Here are my thoughts:Continue Reading Email & Governance: A Good Fit?

If you follow news stories on homeowners’ associations (“HOAs”), you may have seen coverage on the uproar created by the Sutton Lakes Homeowners Association in Jacksonville, Florida that has asked a resident to remove a sign that simply says Jesus. Evidently, the governing documents of the HOA only permit “For Sale” and “For Rent” signs in the community.

While Colorado law prohibits HOAs from banning the display of political signs, other types of signs can be prohibited through use restrictions found in a declaration of covenants, conditions and restrictions or through rules and regulations. The question is not whether an association has the authority to restrict signage; the question is whether these types of restrictions make sense for your community.Continue Reading Use Restrictions and Rules Should Fit the Community

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?