Boards Archives - Page 3 of 5 - Taylor, Eldridge & Endres, P.C.

GOING DUTCH

In historian Russell Shorto’s book, Amsterdam: A History of the World’s Most Liberal City, he discusses the unique circumstances which resulted in Amsterdam contributing so much to modern society.

He often mentions the Dutch concept of gedogen as being an integral aspect of the liberalism that has flourished in that corner of the world. Gedogenis defined as a form of tolerance in which something that is technically illegal is tolerated for the benefit of the community as a whole. Continue reading “GOING DUTCH”

TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION

Life used to be fairly simple. In the old days, when a Long Island Homeowners Association (HOA) amended its Declaration or By-Laws, the common practice was for the Board to file a Certificate of Amendment with the County Clerk.

First of all, when an amendment is filed with that office, all owners and subsequent owners of homes in the community will legally be on notice that such amended rules exist and apply to them. Filing amendments with the County Clerk’s Office is also a good way to make sure those documents can be easily located by future generations of board members and homeowners. Finally, the Declaration of most HOAs requires that amendments be recorded in order to be effective.
Continue reading “TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION”

ANNUAL MEETINGS AND ELECTIONS

Now that Spring is here, many community associations will start planning for their annual meeting.

Annual meetings are for more than providing information to the Community. They are also for electing Board Members who will be responsible for making the day to day decisions necessary to keep the finances and property in good order.

A well planned annual meeting and election is the key to finding good candidates and having a smooth transition and term for those elected. One way to begin the process of finding persons interested in running is to form a nominating committee. A nominating committee will seek candidates by canvassing the community, either in person or in writing, and assist the board in preparing the election materials prior to the annual meeting.
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AVOIDING “US v. THEM” – Part II – Transparency

We are often contacted by condominium, co-op and homeowners association boards when a homeowner or shareholder has requested copies of community documents such as financial records, contracts, homeowner contact information, etc.

The boards’ initial inclination, and direction to our office is often to do everything to prevent or limit such access. The homeowner may be a perpetual thorn in the side of the board – looking to criticize the board at every opportunity – and the instinctual approach is to “circle the wagons” and give the person as little ammunition as possible.
Continue reading “AVOIDING “US v. THEM” – Part II – Transparency”

Buying a Condominium

What misconceptions do people have about condos?

Many do not understand what a condo is, what is actually owned, and what it means to live in a community association. In essence, a condominium is a form of ownership whereby a person owns the entire condo unit (much like an apartment), but shares ownership of the rest of the building(s) and other property of the condo (e.g., roads, sidewalks, parks, clubhouse, pool, etc.) in common with the other owners. The owners elect a Board of Managers to handle the community’s finances, make repairs, enforce rules, oversee construction projects, etc.

Continue reading “Buying a Condominium”

Paws for Thought

Community association Board members may squawk at the idea of allowing pets in their no-pet community, or at making communities more pet-friendly, but instituting such changes should not necessarily be a concern.

Rather, Boards may want to consider implementing changes to their pet policies to accommodate the growing population of pet owners. In keeping with this trend, many community associations are creating amenities for pets, as well as imposing reasonable and workable restrictions on pets and their owners.
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AVOIDING “US v. THEM” PART I – INCLUSION

Too often, hardworking community association Boards find themselves at odds with their homeowners.

Conscientious Board members, who are volunteering their time, talents and energy to better the community, wonder why their efforts are unappreciated and why they are constantly under attack. The tendency is to “circle the wagons,” which only serves to perpetuate and exacerbate the feelings of animosity between board members and the constituents they are trying to serve.
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Grandfathered … or not?

A Westchester County cooperative apartment corporation decided to prohibit washing machines in apartments by creating a new House Rule.

The basis for the new rule was a finding by the Board that the plumbing system in the building was “not sufficiently robust” to handle washing machines. The co-op’s Board of Directors, however, took no steps to demand that shareholders remove any existing washing machines from their units. Implicitly, the Board appeared to have granted these shareholders some form of “grandfather” status.
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CLOTHESLINES and other new technologies

Most Long Island community associations have a House Rule that prohibits homeowners from hanging their laundry outside to dry on a clothesline.

Most Board Members in these communities would be dismayed to learn that, in community associations in other parts of the country, such rules are being eliminated — either by popular demand or legislation.
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Community Associations in the News

You may have read recently about the homeowners association in Las Vegas in which a teenage resident was severely injured in a playground accident (see the July/August 2018 issue of CAI’s Common Ground Magazine, pages 20-25).

The jury rendered a $20 million verdict for the plaintiff, which overwhelmed the HOA’s liability insurance policy limit of $2 million.

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