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Should Condo Associations keep law offices on retainer year-round?

Posted on Sun, Jan 25, 2015 @ 07:00 AM
  
  
  
Florida Condo Association Board of Directors considers dropping law firm contract 012615  resized 600

I am a condo unit owner in a Florida Condo Association.  I have also been a Board of Directors member for two years.

Is it standard practice for Condo Associations to have a law office on retainer at all times? I feel this is an expense we may be able to lower in order to meet our budget obligations.

Thank you.

8 Comments Click here to read/write comments

Texas HOA seeks to remove property management company

Posted on Sat, Jan 24, 2015 @ 07:00 AM
  
  
  
Texas HOA seeks to remove property management company 012415 resized 600

My Texas HOA is in an adversarial position with our property management company. We cannot get a list of owners or financial records from them, and cannot even determine if there is a legitimate Board of Directors in place.

Is there an easy way to remove the property management company, or will our HOA have to hire an attorney?

8 Comments Click here to read/write comments

Georgia condo unit owner pushing to have HOA FHA approved

Posted on Fri, Jan 23, 2015 @ 07:00 AM
  
  
  
Georgia Condo Association pushed by condo unit owner to get FHA Approved 012315 resized 600

I have been on the Board of our small Georgia Condo Association for just over a year now. The HOA has a total of 27 condo units.

One of our condo owners wants the Condo Association to become FHA approved so he can get FHA refinancing. I, along with two other Board members, feel the costs, time, paperwork, and disadvantages to becoming FHA approved are simply not worth it.

The condo owner is persistent, and I’m afraid he may end up suing our HOA. My opinion is that the Board should making decisions based on what is good for the Condo Association as a whole, not just one condo unit owner.

Does anyone have any suggestions on how to handle this?

16 Comments Click here to read/write comments

City lists Michigan Condo Association as a 'business'

Posted on Thu, Jan 22, 2015 @ 07:00 AM
  
  
  
Michigan Condo Association listed by city as business 012215 resized 600

I live in a Michigan Condo Association.  The city attorney has recently listed the Condo Association as a ‘business’.

Does this mean that the Condo Association is making a profit? I was under the impression that Condo Associations are non-profit. Have things changed in the past 10+ years?

3 Comments Click here to read/write comments

New Jersey Condo Association having trouble getting assessment fee

Posted on Wed, Jan 21, 2015 @ 07:00 AM
  
  
  
New Jersey Condo Association seeks back assessments from condo owner 012115 resized 600

I am on the Board of my New Jersey Condo Association. We have a condo owner who is refusing to pay a $400 snow assessment fee from 2010. Long story short, we have placed a lien on their property, as their total is now up to $2,700 after four years of fines and lawyer fees.

I’m told that all we can do at this point is tow their car from the property or go to court for a judgment. I’m also told that the court will likely throw out most of the fees, so the only leverage we have left to get our money is to tow the car.

The property management company is stonewalling this. The Board has told the condo owner to forget the $2,700 and simply pay the original $400 assessment fee, or their car will be towed. The resident has responded that they will sue the Condo Association if the car is towed.

The last thing our Condo Association needs is an additional lawyer fee…we just want our money! Are there any recommendations on how to proceed at this point?

14 Comments Click here to read/write comments

Florida condo owner has questions about rental process

Posted on Tue, Jan 20, 2015 @ 07:00 AM
  
  
  
Condo Owner has questions about rental rules in Florida Condo Association 012015 resized 600

I own a condo unit in a Florida Condo Association, and decided to rent it out for the winter season.

I sent $100 to the Condo Association Board for the background check and application process for new renters. The Board has approved the renters, but required a $2,500 security deposit to cover the common grounds area. I am aware of other condo unit owners renting, and having to pay either zero or $100 total.

I’ve argued that this was selective enforcement, after which they lowered the deposit amount to $1,250. Is this legal?  My renters are a nice elderly couple that have rented in our Condo Association the previous two years and have a perfect history.

4 Comments Click here to read/write comments

What are the regulations for Florida Condo Association committees?

Posted on Mon, Jan 19, 2015 @ 07:00 AM
  
  
  
Florida Condo Association Committee and regulations 011915 resized 600

I have three questions regarding Florida Condo Association committees.

  1. Do Florida statutes regulate Condo Association committees that raise money?
  2. Do these committees keep financial records, and do they have checking accounts under the name/auspice of their affiliated Condo Association?
  3. What is the accountability for committees who have in excess of $1,000 in their possession?

Thanks!

3 Comments Click here to read/write comments

Texas HOA refusing to release insurance information to condo owner

Posted on Sun, Jan 18, 2015 @ 07:00 AM
  
  
  
Texas HOA condo unit owner refused insurance policy by HOA 011815 resized 600

I am having problems with gathering insurance information from my Texas HOA, related to claims around water damage.

After three days of heavy rains, I smelled mold in one of our storerooms. Upon further investigation, I found that the first three feet of carpet from the wall was sodden, and had to throw away many of the items in the room. I then spent 12 hours drying out the room with a home carpet cleaner, but the water kept coming back and was starting to think that it was coming from the concrete floor.

When I had moved in a long time ago, the grass in front of the house formed a mound. The soil must have washed back over time, and additional soil for landscaping was added by the HOA, resulting in the soil being built above the level of the weep holes. The HOA remedied the issue by reducing the soil level. However, no my AC unit sits above ground and each rainfall reduces the amount of soil under it, leading to another potential liability.

The HOA had not rectified the initial issue on the inside, simply moving my things back after just under two weeks. As well, they are not willing to pay me for my time to dry out the room, check the wall for mold, and let me off the home maintenance dues until the issue has been resolved. They will only pay to have the carpet put back down and cleaned.

I’ve asked the HOA for their insurance details, but they refuse to give them to me. There are several additional issues the HOA has worked on that have all turned into liability issues and I need to inform the insurance company. I’ve recently spoken with the HOA’s insurance broker, who also refused to give me the details, stating that her hands were tied if the HOA does not give her permission.  Thus, even though the insurance company’s liability has increased, I am being prevented of informing them of this.

As the issue was a result of negligence from my HOA, how can I get the insurance company’s information in order to have them handle the claim from here? I do not carry contents insurance, so I don’t have an insurance company to fight theirs.

6 Comments Click here to read/write comments

Condo Association looking to shorten length of Board Meetings

Posted on Sat, Jan 17, 2015 @ 07:00 AM
  
  
  
North Dakota Condo Association looking to shorten Board meetings 011715 resized 600

I have a question regarding Board meeting operations in my North Dakota Condo Association.

Is it necessary to read the minutes of a previous Board meeting at a present Board meeting if the minutes have already been circulated for review?  This is all in an effort to save us some time!

6 Comments Click here to read/write comments

Bank awaiting sale of foreclosed condo unit until market rebounds

Posted on Fri, Jan 16, 2015 @ 07:00 AM
  
  
  
Foreclosed condo unit in Florida HOA being held by bank until market recovers 011615  resized 600

My Florida HOA, Property Management Company, and attorney had foreclosed on a condo unit. They have released the bank of any responsibility, and the previous owner still owes the bank. The bank has been waiting to sell the condo unit until the market gets better, and have been refusing all offers.

Can our HOA get out of this in any way, other than renting the condo unit?

2 Comments Click here to read/write comments

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