MAGICIAN DAVID COPPERFIELD SUED FOR ALLEGEDLY TRASHING $7M NYC PENTHOUSE: 'A STATE OF UTTER DISREPAIR'

David Copperfield is being sued by the condo board of his New York City penthouse for allegedly allowing the property, valued at $7 million, to fall into severe disrepair after abandoning it around 2018. The lawsuit claims the unit has extensive water damage, mold, and mildew, posing risks to the building's structure and other residents. The condo board accuses Copperfield of neglecting necessary repairs, only addressing cosmetic issues, and causing significant damage, including a valve failure that resulted in $2.5 million in damages. Copperfield's representative denies the allegations, framing the issue as a simple insurance claim.

adapted from source: foxbusiness

That pesky HOA? Here's why you should embrace it

South Carolina has one of the highest percentages of homeowners living in community associations (HOAs), with 80% of new homes built in 2020 requiring an HOA. Approximately 26% of the state's residents live in HOA-governed communities, reflecting a trend towards planned developments. HOAs are valuable for maintaining property values, enhancing community aesthetics, and fostering a sense of community. However, while some residents criticize HOA rules as overreaching, these organizations play a crucial role in ensuring safety, effective governance, and the overall quality of neighborhoods in the state. Despite occasional issues with board overreach, HOAs remain essential to South Carolina’s thriving communities.

Adapted from source: Greenville News

Condo owner sues HOA over Ring camera, loses, has to pay $73K

Teywonia Byrd, a Charlotte resident, installed a Ring camera outside her condo for security after being drugged and sexually assaulted, but her HOA denied her request to keep it, citing privacy concerns. Despite the denial, Byrd kept the camera, leading to daily fines and a lawsuit, which she lost. She now owes $73,000 plus potential attorney fees of $115,000. The HOA had offered to waive the fees if she removed the camera, but Byrd refused, prioritizing her safety over financial considerations.

NOTE

Harmony Taylor with Law Firm Carolinas spoke to the attorney handling this case, who reported:

 

"The owner in this case had a camera that pointed not just into the hall, but showed other units and individuals coming and going to those units. She used recordings to report on her neighbors to the Association.  It was a sad situation because the owner was assaulted in her own unit by someone she let into her units, after she initially installed the cameras.  The Association may have allowed the camera to remain in other circumstances. This case underscores the facts that:

1. Most associations require architectural approval for the installation of Ring or similar doorbell cameras, particularly in condos.

2. The cameras must be positioned to target their view to the unit's interest and not invade others' privacy.

3. The cameras must not be used to effectively police neighbors.

Adapted from article at source: WSOCTV

The Importance of Reserve Studies for HOA Management: Lessons from Surfside Beach

As an HOA management company executive, I urge all community leaders to prioritize long-term maintenance and the proactive identification of structural needs within their properties. Recent events have highlighted the critical importance of regular inspections and reserve studies in safeguarding our communities. The closure of the Sandfiddler condo building in Surfside Beach due to severe structural deficiencies underscores this necessity.

On July 1, Surfside Beach officials deemed the Sandfiddler at 813 S. Ocean Blvd. unsafe after identifying "inadequate means of egress and structural deficiencies." Fire Marshal Keith Williams, the town building inspector, and an outside engineer concluded that the building posed a fire hazard and was otherwise dangerous to human life or public welfare. This decision came after the fire marshal first noticed problems during a routine inspection, leading to a thorough assessment that revealed significant issues with the front walkway posts, railings, and balconies.

This incident is not isolated. Similar closures have occurred along the Grand Strand, including the Kingfisher Inn and the Renaissance Tower, both of which faced structural problems that necessitated evacuations. These events serve as stark reminders of the vulnerability of coastal buildings to structural decay, particularly from the corrosive effects of the sea and salty oceanfront climate.

A comprehensive 2023 investigation by Florida newspaper, The Post and Courier, revealed that many aging coastal high-rises are at risk of structural decay. The study identified over 500 tall structures near the coast, vulnerable to storm surge flooding during hurricanes, with about 230 of these buildings being at least 30 years old. The slow-motion destruction caused by saltwater corrosion is a hidden threat to buildings along the East Coast, from Maryland to Florida. The tragic collapse of the Champlain Towers near Miami in 2021, which killed 98 people, highlighted the long-overlooked risk posed by saltwater to these coastal structures.

Given these alarming trends, it is imperative for HOA and condominium community leaders to adopt proactive measures to ensure the safety and longevity of their buildings. One of the most effective ways to do this is through regular reserve studies.

What is a Reserve Study?

A reserve study is a comprehensive analysis of a community’s physical assets and their expected lifespan. It assesses the condition of key components such as roofs, plumbing, electrical systems, and structural elements, estimating the remaining useful life of each. The study then provides a funding plan to ensure that sufficient reserves are set aside to cover future repairs and replacements.

Why Reserve Studies are Crucial

1. Preventing Catastrophic Failures: Regular reserve studies help identify potential issues before they become critical. In the case of the Sandfiddler, a proactive reserve study might have detected the structural deficiencies earlier, allowing for timely repairs and avoiding the need for an abrupt closure.

2. Financial Planning: Reserve studies provide a roadmap for financial planning, ensuring that funds are available when major repairs or replacements are needed. This prevents the sudden imposition of special assessments on homeowners, which can be financially burdensome.

3. Maintaining Property Values: Well-maintained properties retain their value better than those that are neglected. By ensuring that buildings are kept in good condition through regular reserve studies and subsequent maintenance, community leaders can protect and enhance property values.

4. Legal Compliance: In some states and governing documents, including those with high coastal populations, there are legal requirements for reserve studies. Adhering to these regulations not only ensures compliance but also enhances the safety and well-being of residents.

5. Enhancing Safety: The primary goal of reserve studies is to ensure the safety of residents. By identifying and addressing potential hazards, community leaders can prevent accidents and tragedies, fostering a secure living environment.

Implementing Regular Reserve Studies

To implement regular reserve studies, community leaders should:

1. Schedule Regular Inspections: Conduct inspections at least every three to five years, or more frequently for older buildings. Engage qualified professionals to carry out these inspections comprehensively.

2. Review and Update Reserve Studies: Ensure that reserve studies are updated regularly to reflect the current condition of the building and any changes in the estimated lifespan of key components.

3. Establish a Reserve Fund: Create a dedicated reserve fund based on the recommendations of the reserve study. Ensure that adequate contributions are made to this fund annually to cover future maintenance needs.

4. Communicate with Homeowners: Keep homeowners informed about the findings of reserve studies and the importance of maintaining adequate reserves. Transparency helps build trust and support for necessary assessments.

5. Act on Recommendations: Promptly address any issues identified in reserve studies. Delaying repairs can exacerbate problems and increase costs in the long run.

In conclusion, the closure of the Sandfiddler and other similar incidents serve as powerful reminders of the importance of proactive maintenance and reserve studies. As community leaders, it is our responsibility to ensure the safety, financial stability, and long-term viability of our properties. By prioritizing regular reserve studies and acting on their findings, we can prevent catastrophic failures, maintain property values, and, most importantly, protect the lives of our residents. Let's commit to making proactive maintenance a cornerstone of our management practices, ensuring the well-being of our communities for generations to come.

Paul K. Mengert, CEO

Association Management Group, Inc.

When Is an HOA or Condo Rental Restriction Unreasonable (Part II)

This article was originally published on August 7, 2024 by Harmony Taylor in HOA & Condo Associations Real Estate Blog for Law Firm Carolinas.

Law Firm Carolinas Blog

As attorneys, we are regularly asked by homeowner and condominium associations to assist with restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals. (See past articles, including HOA/Condo Rental Restrictions, Corporate Owners & Institutional Investors and Short-Term Rentals in North Carolina and South Carolina HOAs and Condominiums). In February of this year, the NC Court of Appeals struck down a condominium rental amendment as unreasonable. (When Is an HOA/Condo Rental Amendment Unreasonable?)

Yesterday, August 6, 2024, the NC Court of Appeals again visited the issue of whether a specific declaration amendment restricting rentals is reasonable.

McDougald v White Oak Plantation HOA (“White Oak Plantation”) is an “unpublished opinion,“ which means the decision is not controlling legal authority and should not be cited in other cases. However, even unpublished opinions give a sense of the Court’s thinking as to specific issues and how subsequent courts may rule.

White Oak Plantation is a planned community in Buncombe County, NC. The original 1992 restrictive covenants predated modern rental platforms such as VRBO or Airbnb and contained no language regarding rentals. Instead, the covenants contained general language related to “residential use” and prohibitions against “business operation.” Many owners believed the business operation prohibition already restricted rentals. The covenants were amended at various points, but no specific rental restrictions were added. Plaintiffs are lot owners who began to rent their properties on a short term basis. Thereafter, the membership in 2019 adopted a declaration amendment to prohibit rentals of less than 90 days. Plaintiffs filed suit seeking a declaration that the amendment was invalid as to them and their lots. The trial court granted summary judgment in favor of the homeowners, and the association appealed.

The Court of Appeals analyzed the rental amendment to determine if it was “reasonable” using the standard established by the Armstrong v Ledges case. Noting that reasonableness may be determined from the language of the original covenants, deeds and plats, as well as other objective circumstances, the Court determined that nothing in the original development scheme precluded short term leasing. Thus, the court concluded, the new rental restriction was not reasonable and would not be applicable as to the Plaintiffs who brought suit.

So, what does the case mean or not mean? Again, as an unpublished decision, the opinion only applies to the parties involved and does not have precedential value. Fundamentally, the decision does not change our firm’s approach to rental amendments. ALL amendments must be reasonable, which means that circumstances matter. Associations that have never had any rental restrictions should approach them carefully. Any rental restrictions should be tailored to address membership wishes while protecting vested usage rights. This is why we always encourage associations to discuss such issues with the membership before pursuing any rental amendment to solicit input on the scope of the change and how it should be applied to existing owners (see Rental Amendment Concerns).

With any decision, it’s always best to read the actual case if you want to know how it might impact a specific association. The White Oak Plantation decision can be found here: McDougald v White Oak Plantation HOA.

If your association is considering a rental amendment, you should consult an experienced community association attorney at the outset to make sure that any amendment is pursued correctly–both as to the procedure and as to the substance of the amendment. Please contact any of our community association attorneys in North or South Carolina to discuss such issues.


Harmony Taylor

Law Firm Carolinas, LLC

Mastering Emotions in High-Stress Situations: A Guide for HOA Volunteers

As a volunteer for a community association (HOA), you often find yourself navigating complex situations that may be beyond your expertise. These circumstances can lead to intense emotions, making it crucial to develop strategies to manage these feelings effectively. Here are three key elements of emotional intelligence that can help you stay composed and productive, along with the importance of selecting and relying on qualified experts to relieve stress.

 

1. Select and Rely on Qualified Experts

One of the most effective ways to relieve stress is to acknowledge when a situation requires expertise beyond your knowledge and to seek out qualified professionals. By selecting and relying on experts, you can:

Reduce Personal Stress: Delegating complex tasks to professionals can alleviate your burden and reduce stress.

Ensure Quality Solutions: Qualified experts bring specialized knowledge and skills, leading to better outcomes.

Enhance Community Trust: Demonstrating a commitment to seeking professional help can build trust within the community, showing that you prioritize effective and informed decision-making.

Avoid becoming a “do it yourself” community leader. The role of a community leader is often to engage the right experts to help them manage or execute a situation.

 

2. Tap into Your Self-Awareness

Enhancing self-awareness is the first step to managing strong emotions. By understanding what you’re feeling and why, you can better control your responses. Try this simple exercise to improve your self-awareness:

Notice Your Body: Take a moment to scan your body from head to toe. Are you tense? Where is your energy level? Recognizing physical signs of stress can help you address them promptly.

Check-in with Your Thoughts: Assess your mental state. Are your thoughts loud or quiet? Clear or confused? This can provide insight into your emotional state.

Identify Your Emotions: Pinpoint what you’re feeling. How pleasant or unpleasant are these emotions? How intense are they? Naming the feeling can help you manage it more effectively.

3. Self-Regulate Using Your Breath

Breathing exercises are a powerful tool for self-regulation. When you feel overwhelmed, take a few minutes to focus on your breath. Slow, deep breathing activates your parasympathetic nervous system, which helps reduce stress and bring you into a more relaxed state. Try this technique:

Lengthen Your Exhales: Focus on making your exhales longer than your inhales. This simple practice can slow your heart rate and calm your mind, helping you transition from a heightened emotional state to a more relaxed one.

 

4. Find Small Moments to Uplift Others

Building positive relationships within your community can significantly enhance your emotional well-being. Seeing each encounter as an opportunity to uplift others can foster a supportive and productive environment. Here are some ways to do this: 

Offer Compliments: A genuine compliment can make someone’s day and strengthen your relationship with them.

Smile: A simple smile can convey kindness and approachability, making interactions more pleasant.

Kind Greetings: Starting your interactions with a kind greeting sets a positive tone and can lead to more constructive conversations.

 

Putting It All Together

Managing intense emotions in high-stress situations is a critical skill for HOA volunteers. By selecting and relying on qualified experts, tapping into your self-awareness, using breathing techniques to self-regulate, and finding small moments to uplift others, you can navigate your role more effectively and create a more positive environment for everyone involved.

Remember, it’s normal to experience negative feelings in challenging situations. The key is to manage them in a healthy way that supports both your well-being and your effectiveness as a volunteer. Start incorporating these strategies today and notice the difference they make in your ability to handle stress and maintain composure.

 

Paul K. Mengert, CEO

Association Management Group, Inc.