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Condo Transitions Transitioning here refers to the process of the Declarant (Condo World language for “Developer”) transferring control to the Owners. This can be a bit daunting both because most Owners are not developers and know little to nothing about whether the construction is adequate, and...

While it takes a mere two to tango, it takes a lot many more than that to operate an association. Boards of Directors, with the help of management companies, attorneys and other contractors, operate the Association collectively volunteering hundreds of hours each year. Yet too often, way too ofte...

The Condominium Owner's Bill of Rights A column or two ago, I took a look at how Owners should behave in a condominium association. It's equally important Owners know their rights. Freedom of Religion - You certainly have the right to practice whatever religion you wish. Just do so quietly, s...

All I Really Know About Condominium Life I learned in Kindergarten1 Life in condominium associations is usually so much easier that some make it. From the Owner complaining about the maintenance responsibility of doors and windows without any knowledge of the boundaries, to the Owners who believ...

2017 Condominium Legislative Update - Part II “Congress: A place where there are too many Democratic congressmen, too many Republican congressmen – and not enough U.S. Congressmen.” - Anonymous (likely for good reason) Continuing on from the last column, the Legislature passed two additional bil...

2017 Condominium Legislative Update “We may not imagine how our lives could be more frustrating and complex, but Congress can.” - Cullen Hightower Following last year's multitude of changes to the Condominium Act, like a person who suddenly remembers halfway out the driveway that they forgot to ...

Emotionally a Mess More and more condominium associations are facing the issue of what to do when an association that has a “No Pets” policy and has someone who claims a need for an Emotional Support Animal(aka an ESA). Before going further, it is important to note these situations are different...

Ethics at the Condo - Part II Last time I spent the entire column talking about properly, i.e. ethically, amending your Declaration and Bylaws, a lot of column space and words because it truly is really important to do things the right way. This time, the points are shorter, but no less importan...

Condominium Communications The reality of life is that if we are lucky, we grow older. As we do, things change. Ask someone under 20 what it means to roll up the window and see how they look at you first with befuddlement and then with roll of the eyes. Miscommunication causes more problems than ...

Ethics at the Condo “In law, a man is guilty when he violates the rights of another. In ethics he is guilty if he only thinks of doing so.” Immanuel Kant Ethics in condominium associations may seem like an odd topic, but ethics should pervade every part of our lives, personally, professionally, ...

Kids in Condos Full Disclosure: My wife and I have but one child a daughter, 12 years of age, and notwithstanding a wonderful marriage, our daughter is the best thing that has ever happened to us. So my viewpoint might be a bit jaded. But I do understand not everyone feels the same about childr...

Managing the Manager Many condominium associations have management companies; many are simply too small to have one; and many near yearly consider whether they should have one. Regardless, much of the information that follows should be followed by all, even those who will never have a management...

Home is Where the Business Is In a past column, I (briefly) mentioned the concerns about having a business operating out of a residential condominium association. I need to expand on this a bit as it is becoming an issue in more associations. Most older condominium associations (and many recen...

Condominium Conditioning It was luxuries like air conditioning that brought down the Roman Empire. With air conditioning their windows were shut, they couldn't hear the barbarians coming. Garrison Keillor Generally speaking, and dependent upon the circumstances, associations are responsible for w...

Condominium Bits and Pieces A few things to think about as winter releases its grip. If you are a large enough condominium association, say over ten units, you may want to explore as a Board, or with your management company, the possibility of buying oil/propane/gas in bulk. If purchased in adva...

The Case for Condominium Lawyers ''The first thing we do, let's kill all the lawyers,'' was stated by Dick the Butcher in ''Henry VI,'' Part II, act IV, Scene II, Line 73, “except the Condominium Lawyers.” Robert E. Ducharme, Esq. April, 2017. I have been fortunate to write a number of columns, ...

The Balancing Act of Insurance with Contractors Too many Associations unwittingly put themselves at risk when hiring contractors for maintenance projects around the Association caused by a misunderstanding of how insurance should work to protect the insured. Most times a contractor does a good...

Federal Housing and Condo Housing The National Housing Act authorizes the Federal Housing Administration (“FHA”) to insure any mortgage covering a one-family unit in condominium projects. Owner occupied units are defined as principal residences, secondary residences, currently occupied units by t...

This Stinks! I recently had an issue arise at an Association that is not terribly uncommon. An American couple of Indian ethnicity cooks with curry. Sometimes a lot. The odor wafted into a neighbor's Unit and he complained to the Board. This can be tricky. What constitutes a nuisance,including...

Ethics at the Condo - Part II Ethics is not just a matter of following the law. Slavery and apartheid were at one time legal, but most would agree there were and are unethical. The word “ethics” is derived from the Greek word ethos (character), and from the Latin word mores (customs). It refers...

ETHICS AT THE CONDOMINIUM ASSOCIATION - PART I Board members know they are not to run off with the Reserve funds. And attorneys know they are to guide Boards in the best interests of the association, without fear of angering Board members or worrying about whether they will retain a client. The ...

Election Fraud Every condominium association is required to have an Annual Meeting, hence the name. Not infrequently, I receive a call from someone who says their Association has not had a meeting in years, a warning sign of irregularities at the Association. Eery Board is required to set a date...

Open Carry at the Condo “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Unites States Constitution, Second Amendment. The Constitution is, of course, federal law, so one might think an outright pr...

'Twas the Night Before Christmas … Condo Version This Column was originally printed a few days before Christmas in 2016, but it never hurts to say Thank You to your management company. Too often Associations think not enough about the work done behind the scenes either by Board members or, more...

Holidays at the Condo Summer is distant memory; fall is slowly fading like the color on the leaves; winter is coming and the Holidays with them, a situation that brings a certain set of issues not usually thought of at condominium associations. It is not unusual for associations to decorate the ...