Pentiuk, Couvreur & Kobiljak, P.C.Pentiuk, Couvreur & Kobiljak, P.C.2024-01-16T18:58:54Zhttps://www.pck-law.com/feed/atom/WordPress/wp-content/uploads/sites/1203646/2022/08/cropped-site-identity-new-32x32.pngOn Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=2558502023-11-29T18:01:15Z2023-11-29T18:01:15Zreserve studies can enable your HOA to better ensure well-maintained facilities and amenities for your community. Your HOA also benefits from good property values, which can significantly lower the resident turnover rate.
Preserving property values
Homeownership is a significant investment, and property values are paramount to residents and the community. A comprehensive HOA reserve study can better ensure that the necessary funds are set aside for the ongoing maintenance and repair of common elements.
This proactive approach can prevent deferred maintenance issues that could otherwise lead to a decline in property values. Preserving property values is not just a financial concern; it’s a commitment to maintaining the overall appeal and desirability of the community.
Financial stability and long-term planning
Financial stability is the cornerstone of any successful HOA. Conducting a reserve study provides a clear financial roadmap, allowing the association to plan for future expenses strategically. Financial stability is not merely about having sufficient funds at a given moment; it’s about predicting and preparing for future financial demands.
A well-prepared reserve study aids in long-term financial planning, ensuring the association is prepared for major repairs or replacements without resorting to sudden, hefty assessments on homeowners.
Enhancing homeowner satisfaction
Happy homeowners contribute to a harmonious community. When residents see that their HOA is proactively managing the financial aspects of the community, including conducting reserve studies, it may instill confidence and satisfaction.
Enhancing homeowner satisfaction goes beyond financial considerations; it’s about fostering a sense of community and shared responsibility. Residents appreciate knowing that their investment is well-protected and their concerns are being addressed through careful planning and preparation.
A HOA reserve study is not just a financial exercise; it’s a strategic investment in the future of your community. By preserving property values, safeguarding financial stability and enhancing homeowner satisfaction, your HOA sets the stage for a thriving and resilient community.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=2558482023-10-20T04:36:40Z2023-10-20T04:36:40Zthe Fair Housing Act prohibiting unfair treatment against protected classes, such as race, sex, religion, disability or familial status, co-op housing discrimination persists.
Knowing how to address this problem can help housing cooperatives avoid unwanted claims.
Ways to fight co-op housing discrimination
Although anti-discrimination laws strive to insulate housing cooperatives from legal action by encouraging stricter compliance, unlawful practices continue to permeate the system. Some biases are overt, while others are more implicit. Disqualification due to a name that sounds like someone from a specific lineage may seem harmless, but can be an unconscious way of displaying bias.
However, these behaviors are preventable through inclusive initiatives:
Develop, enforce and maintain a standard of conduct: The board of directors, committee members and staff must be aware of internal policies and train for implementation. Doing so eliminates information gaps and improves adherence to the rules.
Create open lines of communication: Although not impossible, discriminatory acts are challenging to prove. Thus, officers and members must have means to report prejudicial events. This procedure can produce relevant proof to support or invalidate a claim.
Stay abreast with overlapping state and federal laws: Adjust bylaws to keep up with the times. In Michigan, disabled individuals have a right to reasonable accommodations. They can request for a designated parking, or a service animal despite a no-pet policy and structural modifications (e.g., ramps or handlebars).
More than a residential neighborhood, housing cooperatives form a social community. Thus, disputes can be tough for everyone. So, the first course of action must be to try to find a common ground and hear each one out. Unfortunately, some cases are beyond resolution, which can escalate into a court battle. When that happens, it is crucial for those involved to come prepared and know their rights.
A complex fight requires a battle-ready legal team
Co-op discrimination lawsuits tend to be highly nuanced. Cases may have sensitive details. Involved parties may vary. It can be between two board directors, two residents, or an officer and a resident. Before deciding to pursue a claim, a legal resource can provide valuable guidance and insight on tackling the issues.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=2558472023-09-27T21:08:14Z2023-09-27T21:08:14ZThese accommodations often take the form of exceptions for the disabled resident, such as a no-pets building allowing a blind resident to keep a seeing-eye dog. The law also requires co-op boards to ensure that the entryways, common spaces and individual units are equally accessible to everyone regardless of disability status. For example, there should be wheelchair access, such as ramps to reach outside doors and elevators for multi-story buildings. Disabled residents could also request designated parking spaces closer to the entrance to make it easier to get to and from their cars.
The hidden complexities of accessibility accommodation
This might seem obvious, but something that co-ops don't always realize is that the law might require them to pay for accessibility accommodations for temporary disabilities too, such as for a resident with a broken leg. They should also be careful asking someone requesting an accommodation for details about their condition, which is prohibited by the ADA.
Advice to help avoid a lawsuit
The rules surrounding disability accessibility and accommodations are complex. A mistake with a member's request could lead to expensive litigation. Reliable legal advice from an informed attorney who is familiar with state and federal anti-housing discrimination laws can greatly reduce this risk. They can advise you on specific requests and help you develop policies that respect the law.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513362023-07-13T17:52:00Z2023-07-13T17:52:00Zaccommodations can be made with a legitimate request from a prospective tenant legally considered disabled. In addition, the Americans with Disabilities Act (ADA) has mandates in place that residential properties provide accommodations for these types of pets.
Housing providers’ obligations
The Fair Housing Act (FHA) covers all types of public and privately-owned dwellings, including what is covered by the ADA. Simply put, housing providers are obligated to comply, particularly when it comes to animals that work, provide assistance, or help with tasks for people with disabilities. The ADA also accounts for those in need of emotional support related to those conditions.
As with any new program to make lives easier for those with disabilities, abuse of the law and outright scams often follow implementation. Many healthcare professionals are a bit fast and loose with allowing requests for support animals in residential facilities. Frequently, their actions rise to the level of criminal penalties for fraudulent requests.
Many consider online support animal registries and certifications as insufficient proof, specifically identification cards, certificates, or even patches. Similarly, medical professionals must have personal knowledge of the prospective resident’s disability and its application to the need for an emotional support animal.
Emotional support animals remain a work in progress. Over time, acceptance of this form of therapy can allow people with emotional and physical challenges to live fulfilling lives.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513352023-07-06T20:27:15Z2023-07-06T20:27:15Zinclude these matters in the partnership agreement. This contract should contain the following essentials:
Clear definition of each partner's stake and contributions to the business
Specific distribution details of business profits
Decisions and procedures addressing concerns related to ownership
Structured process for decision-making
Dispute management and resolution methods
Ways to address potentially critical events, such as buyouts, partnership modifications and incapacitating developments involving the owners
Terms and conditions regarding termination of the partnership
Still, each business is unique. They might need additional or fewer inclusions based on the nature of the business partnership. Sometimes, standard agreement formats leave out matters that could significantly impact the business partnership and overall operation.
As owners, each party should determine these possible disruptive circumstances. Doing so could also minimize disputes and damages if problems arise.
Drafting a comprehensive agreement
Templated contracts are easy to find online. However, these documents might only include the bare minimum, ignoring these vital factors.
When setting up partnerships, owners should seek dependable legal counsel to determine what they need to ensure the agreement has complete terms that consider both parties. Including these essentials might not guarantee a successful outcome, but it could help both partners run the business with confidence and peace of mind.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513222023-06-13T16:10:34Z2023-06-13T16:10:34Zthe Fair Housing Act (FHA) prohibits these volunteers or elected officials from discriminating against protected classes. It extends to the way the HOA of a community governs the community.
How can an HOA violate the Fair Housing Act?
The protected classes under the FHA include race, color, religion, sex, national origin, familial status and disability. The law makes discriminatory practices against these protected classes illegal. Therefore, an HOA cannot affect an individual’s right to purchase, rent or enjoy the use of the housing and its facilities. If you are a member of your HOA, here are the essential things to know about the FHA:
The law prohibits discrimination against families with children under 18. It would be best not to single out children or families with children when making rules and policies. You should refer to children as persons or people and use neutral language so that it applies to everyone and not just children or families with children. Even when you created the policy to keep children safe from hazards, you could impose restrictions that apply to a person’s height instead of persons of a certain age.
The law requires you to make reasonable accommodations for people with disabilities. When a tenant or resident with a disability requests a modification or an accommodation, the HOA should consider it. If the request is reasonable and it does not cause any undue burden on the association, the HOA should permit it.
The law prohibits any form of discrimination based on protected classes. The HOA should base all its decisions and actions on tangible factors that statistics and documentable evidence can explain. Make sure your actions are by the book. Base actions and decisions on facts you can justify and not personal preference.
The HOA also cannot retaliate against anyone who files a complaint against its actions or members. If a resident or tenant complains or reports any adverse conduct, it might be better to sit back and relax. Try to understand why the person is complaining. The discrimination complaint might not even have any merit.
It is not a matter of what you say, but how you say it
Your HOA is a legal corporate entity, so you are not free from legal liabilities. You must use appropriate and neutral language when enforcing rules and regulations.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513192023-06-09T18:55:26Z2023-06-09T18:55:26ZPracticing the following measures could help dodge disputes:
Establish vital decisions when starting the business. Matters involving investors, business goals and responsibilities could escalate quickly. Firmly establishing these details could help prevent conflicts later.
Prioritize documentation. Sometimes, issues arise from misunderstandings and miscommunications. Keeping crucial discussions on record allows the company to avoid confusion about various affairs.
Formalize internal policies that comply with relevant laws. Aside from catering to investors, these guidelines should address other official issues, including employee, supplier, contractor and client matters.
Own and protect all forms of intellectual property (IP). The law protects IPs, but the company should also secure them.
Review company contracts and improve them as needed. They should have essential specifications, specifying deadlines, termination conditions and other details.
Uphold fiduciary duties to the business and other stakeholders.
Communicate and set expectations accurately. Some problems originate from overpromising and unclear communication.
Preserve fairness in company procedures. Implementing fair practices could help settle specific matters, including negotiation and contract enforcement.
These practices might not remove disputes within the business, but they could help minimize them and prevent legal conflicts.
Running a business is not easy
Sometimes, business disputes are overwhelming, causing stress that could adversely affect people’s health and personal lives. Keeping a business running could be challenging. Still, taking preventative measures could help lighten the load and minimize damage.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513172023-05-29T18:07:38Z2023-05-29T18:07:38ZKey elements
The first component of a business contract is the parties involved. The contract should clearly identify the parties, typically a person or a business entity, and their roles within the agreement.
Next, the contract should spell out the purpose or scope of the agreement. It explains why the parties are entering the agreement, what they hope to accomplish and the specific tasks each party must complete.
The term of the agreement is also critical. This clause outlines the duration of the contract, whether it is for a fixed period, an ongoing commitment or until the parties fulfill specific conditions.
Payment details are a must in any business contract. It should include information on the amount paid, the schedule of payments, the method of payment and any conditions or consequences related to late or non-payment.
Performance standards and obligations
A business contract also needs to establish performance standards and obligations. It should outline what constitutes satisfactory performance of the contract and the obligations each party has to meet these standards.
If one party does not meet these standards, the contract should explain the procedures for remedying the breach. It should also include any potential penalties for failure to meet these obligations.
Confidentiality and termination clauses
Two other essential clauses are confidentiality and termination clauses. A confidentiality clause ensures all sensitive information exchanged during the contractual relationship remains private.
A termination clause, on the other hand, outlines the conditions under which the parties may end the agreement before fulfilling all obligations. It should state whether the parties may terminate the contract at will or only under specific circumstances.
By paying close attention to the details, businesses can craft contracts that foster beneficial and harmonious relationships.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513162023-05-16T16:33:43Z2023-05-16T16:33:43ZThe move restores a 2013 rule without changing any practices involving compliance with the final rule.
Replacing a rule
In its place, the U.S. Department of Housing and Urban Development (HUD) announced plans to restore the 2013 Restoring HUD's Discriminatory Effects Standard to the Fair Housing Act. Leadership believes that it is more consistent with the FHA and its application in courts and the agency for more than 50 years.
The Fair Housing Act prohibits housing discrimination caused by race, color, religion, national origin, sex – including sexual orientation and gender identity – and disability. The doctrine serves as a vital tool for addressing policies result in systemic inequality in housing potentially adopted with discriminatory intent.
Simply put, they believe that the long-awaited final rule is a significant step in implementing broad remediation to eliminate potentially discriminatory practices that continue nationwide. A specific emphasis is on people of color, and the disabled denied equal access to homeownership and rental housing.
In addition, the act will contest policies involving zoning requirements, lending policies, property insurance access, and criminal records policies.
The rule will finally go into effect 30 days post-publishing in the Federal Register.]]>On Behalf of Pentiuk, Couvreur & Kobiljak, P.C.https://www.pck-law.com/?p=513152023-05-12T20:11:29Z2023-05-15T20:11:17Zdisputes raised by homeowners in a fair and constructive manner.
Establish clear communication channels
HOAs should establish transparent communication channels that allow homeowners to voice their concerns and provide feedback. This can include regular newsletters and community meetings or a dedicated email address or online portal where homeowners can submit their complaints.
Adopt a fair and consistent dispute resolution process
It is helpful for HOAs to have a clearly defined process for resolving disputes to ensure fairness and consistency. This process should outline the steps involved in addressing issues. It is essential to follow this process for every complaint to maintain credibility and demonstrate impartiality. Steps may include:
Receipt of Complaint - HOAs should promptly acknowledge receipt of the complaint to the homeowner. They should provide reassurance that their concerns are being taken seriously.
Investigation - Thoroughly investigate the dispute to gather all relevant information and evidence. This may involve interviewing parties involved, reviewing documentation or conducting on-site inspections.
Fair Evaluation - Evaluate the complaint objectively, considering all sides of the issue and any applicable rules or regulations. Treat each complaint on its merits, avoiding any biases or personal preferences.
Resolution - Communicate the dispute's outcome to the homeowner in a timely manner. If appropriate, propose solutions or actions to address the issue. If the complaint is not valid, provide a clear explanation and reasoning.
Mediation
In some cases, conflicts may require mediation, which involves a neutral third party facilitating discussions between those involved to find a mutually acceptable solution.
Handling homeowner complaints is a crucial aspect of maintaining a healthy and thriving community within an HOA. It is important for HOAs to foster positive relationships with homeowners and create a harmonious living environment for all community members.]]>