association owner disputes

The firm’s latest “Real Estate Counselor” column in the Miami Herald is authored by shareholder Nicole R. Kurtz and appears in today’s edition of the newspaper. The article, which is titled “Community Association Disputes? Here’s How to Minimize and Avoid Them,” focuses on the most common types of association clashes, the damage they can do, and some of the best approaches for associations to steer clear of them. It reads:

. . . [F]or most communities to realize the benefits that stem from effective association oversight, some disputes are inevitably bound to arise from time to time. Some of the most typical association clashes involve:

Matters arising from compliance with state laws and municipal regulations;

Financial issues, including collections, special assessments and reserves;

Rule enforcement, including violations, suspensions and fines;

Architectural review applications and decisions;

Amendments to governing documents;

Maintenance of community amenities, and rules governing their use;

A perceived lack of transparency, including ineffective communications of association rules, changes and operational procedures to owners and residents;

Seemingly inadequate responses to residents’ concerns and complaints;

Meetings and their discussions, agendas and notices;

Devising, implementing and enforcing new rules and restrictions;

Renovations and alterations to the common elements or common areas;

Maintenance of the common elements and areas;

Board of director election irregularities and concerns;

Vendor contracts.

The most effective community association boards of directors understand their business decisions will inevitably lead to disputes from time to time, but they should seek to avoid perceived minor or frivolous disputes whenever possible. They should also try to minimize or avoid significant disputes that may negatively impact the association’s operations and sow discord within the community.

Continue reading

My colleague Laura Manning-Hudson wrote about a dispute involving pet chickens that received unwanted TV news coverage for a Boca Raton HOA in her last blog post. To help illustrate just how common such negative media coverage has become for community associations that make questionable decisions, my latest post just a couple of weeks later also focuses on another report by a local South Florida station involving disputed community association actions.

The latest story is on a Hollywood, Fla., condominium association’s decision to deny a 100-year-old resident a gate access pass decal for her to use when she is getting a ride home. The report by 7 News (WSVN-FOX) in South Florida features an interview with Vangie Commeau, who lives at the Carriage Hills Condominium and is 100 years old. She tells the station’s Patrick Fraser that earlier this year the property cancelled the manned security guard at its entrance gate in favor of an automatic scanner that reads bar codes on window-sticker decals on residents’ vehicles to open the gate.

Because Commeau does not own or drive a vehicle, she did not receive a decal from the association. She tells the reporter that she brought it to their attention, but the association responded by declining to issue her a gate access decal pass.

This creates a burden for Commeau when one of her friends takes her to the doctor or to one of her monthly lunches with their friends, as she is unable to get their vehicle in through the residents’ gate when they return. She was told to use the guest lane and buzz one of her neighbors to let her in, but she notes that forces her to make an appointment with a neighbor a day ahead.

Articles Tagged with association owner disputes

Miami Herald Real Estate Column by Nicole Kurtz: “Community Association Disputes? Here’s How to Minimize and Avoid Them”

Condo Association’s Denial of Gate Access Pass to 100-Year-Old Resident Draws Negative TV News Coverage in South Florida