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As a follow up to our last article, this entry details a few things that homeowner associations can do to manage their insurance policy premiums -- especially as annual policy premiums continue to spiral upward.(1) Consider taking a higher deductible. One way to manage fluctuations in premium is to...
As I sit here and stare out the window at the large droplets of rain pelting my office window, I am reminded of the critical role that insurance policies play in community association operations.Of course, here in the Gulf Coast region of the United States weather is always a topic of discussion -...
I dusted off this article from June 2002, but the information is as timely as ever. Especially with the sagging economy, more homeowners now more than ever might be letting their maintenance accounts slip or the conditions of their properties slide (because we all know that upkeep costs money,...
Amidst the bevy of economic horror stories in the news assaulting our daily lives, comes a strange tale of the $100-million condominium project in Fort Myers, Florida where one solitary family lives in a 32-story, 220-unit highrise. The original link to the story can be found here, from a story by...
That's what you call the recipe for the Texas 2009 Legislative (regular) Session (although the folks who tracked, lobbied and arm-wrestled with State senators and reps over the record number of POA-legislation might invoke some more colorful metaphors to describe this session!).Even though the vast...
Forgive the play on words in the title, but this article originates from an Alaska Supreme Court case and highlights the notion that Associations shouldn't necessarily interfere in "neighbor v. neighbor" disputes, nor do they have the duty to do so under the deed restrictions in most cases.The...
I came across this Washington state appellate court case and felt that the message, while off-jurisdiction, was nonetheless still worthy of repeating here.The dispute in this case centered around a denied ACC application for the subdivision of two residential lots. The deed restrictions prohibited...
This article goes out to all of those homeowners who are civic-minded, vigilant, or crazy enough to serve on their HOA's Architectural Control Committee (ACC). If your Declaration of Covenants, Conditions and Restrictions (the "Declaration") sets forth a time limit for approving or denying...
One of the Association's primary tools in collecting delinquent maintenance assessments from its homeowners is the enforcement or foreclosure of the lien against a homeowner's real property securing the indebtedness. However, when a superior lienholder such as a taxing entity, a purchase-money...
It's always good to periodically revisit old practices and check against established norms to confirm that your Association runs a sound deed restriction enforcement program.Generally, and in most cases, it is the Board of Director's (the "Board's") fiduciary duty to enforce the deed restrictions...