2009-10-20 IMPACT OF ALTERNATIVE ENERGY ON ASSOCIATIONSBy Jack K. Bouquet, Esq. A recent headline set the tone of the conflict between community associations and municipalities seeking alternative forms of energy for use by their residents. The headline read "Woodbury Homeowner Associations an Obstacle to City's Hopes for Alternative Energy: Associations Opposing Renewable-Energy Options Cite Aesthetics." The issue arose when the city of Woodbury notified its residents that an ordinance was being studied that contained a provision ...
2008-07-10 FORECLOSURE'S EFFECT ON MASTER INSURANCENearly every association is well aware of the impact mortgage foreclosures are having on the association's cash flow. Mortgage foreclosures and vacant properties can also have a less obvious -- but potentially more catastrophic -- impact on the association's insurance coverage. Most master policies purchased by associations have provisions that require maintaining heat in each home, and an exclusion from coverage where damage is the result of a failure to maintain heat in the home. With...
2006-09-10 CAN YOUR ASSOCIATION AFFORD NEEDED CAPITAL IMPROVEMENTS?
The decks are falling apart, the siding needs paint, and the roof is due to be replaced. Does your community association have enough in its reserve fund to pay for these necessary projects? Unfortunately, many associations do not have adequate reserve funds for capital improvements. There are generally three primary solutions to this problem: increase annual assessments, impose a special assessment, and/or finance the project(s) with a bank loan. This article provides legal guidelines...
2003-06-11 CAN YOUR ASSOCIATION AFFORD NEEDED CAPITAL IMPROVEMENTS? LEGAL IMPLICATIONS TO IMPOSING ASSESSMENT INCREASESMany associations do not have adequate reserve funds for capital replacements. There are two primary solutions to this problem. The association can either increase its annual assessments or impose a special assessment to fund the project. This article is intended to provide legal guidelines on how to implement an assessment increase. There are a number of important reasons that an association may want to implement an assessment increase. These reasons may include, but are...
2003-02-25 WHAT DO YOUR ASSOCIATION'S DOCUMENTS SAY ABOUT GLASS?A case decided by the Minnesota Court of Appeals on August 26, 1997 could affect the way community associations deal with glass repair and replacement. In Swanson v. Parkway Estates, the Court of Appeals ruled that a townhouse declaration that requires the homeowners' association to maintain "exterior surfaces" requires the association to maintain sliding glass doors. The Swanson case calls into question how an association’s glass exclusion provisions are to be interpreted, and may thrust new unforeseen...
2003-02-17 Negotiations with Contractors and Related IssuesCommunity Association Institute: Spring Conference 2000 Negotiations with Contractors and Related Issues
This outline contains a summary of issues pertaining to negotiations with contractors. The overall process is discussed in chronological order. There are numerous issues of a practical and legal nature at each stage of the process. This outline is intended to be a helpful, practical guide to the overall process. Needs Assessment Even...
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