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

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?

We are following up on our previous posting regarding solar gardens. Solar gardens offer condominium owners an option for receiving many of the same benefits of solar panels otherwise reserved for single family homeowners and townhome owners. Innovative Energy is hosting two community interest meetings in Summit County to discuss the details of a…

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

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

Last Friday, I blogged on a news story aired by Consumer Investigator Jodi Brooks on CBS News 4. I opined that Ms. Brooks didn’t bother to take the time to investigate the claims made by a small group of disgruntled homeowners and instead opted to present an unbalanced point of view that HOAs are bad and abusive to residents. However, I did concede that not all HOAs are perfect and sometimes homeowners are treated poorly.Continue Reading Mark Payne as Spokesman for CAI Offers Balanced View of HOAs on CBS News 4