Feature

How to Handle Disability-Related Requests for Modifications

September 14, 2018    
The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they...
Q & A

Paying Workers' Comp for Fair Share of Physical Injuries at Community

September 14, 2018    
 Q:  An on-site employee in the community I manage was injured. The employee had issues from an injury he suffered before working for the association. The association is required to pay workers’ compensation benefits for his current injury, but it seems unfair that we are...
Recent Court Rulings

Neighbor Objects When Family Allowed to Install Fence Around Their Yard

September 14, 2018    
FACTS: An Ohio homeowner’s association fended off a lawsuit from a resident who objected to its handling of a reasonable accommodation that allowed her next-door neighbors to fence their yard to protect their young daughter from a water hazard. Both families lived in single-family homes with...
Recent Court Rulings

Association Not Liable for 'Open and Obvious' Sidewalk Defect

September 14, 2018    
Facts:  A townhouse-style condominium resident who was living with the owner of the unit, his mother, tripped and fell on the sidewalk in front of the townhouse. He claimed that the fall was due to the sidewalk being “uneven.” He sued the association in a premises liability lawsuit...
In the News

Unhappy Trails for HOA and Local Equestrian at Land Use Impasse

September 14, 2018    
A Santa Fe homeowners association hopes that mediation will lead to a settlement that would exclude horse riders from using the association’s network of trails. A local ranch owner who has used the trails for 25 years—long before the community was built—is arguing that a so-called...
Feature

How to Avoid Court by Using 'Alternative Dispute Resolution'

August 20, 2018    
Inevitably, in any homeowners association or condominium, there will be community-related conflicts. The bad news for associations when a dispute arises is that going to court can be extremely expensive, and the association might end up paying for litigation costs in the end. The good news when a...
Q & A

Fighting Challenge to Maintenance Fee Changes

August 20, 2018    
Q: The association for the community I manage is a nonprofit corporation where all lot owners are members of the corporation. The association recently decided to assess higher maintenance fees for those lots that have better and nearly sole access to some of the community’s amenities. The...
Recent Court Rulings

Homeowner Must Stick to Specific Palm Tree Species Approved by ARB

August 20, 2018    
Facts: The restrictive covenants and bylaws for a homeowners association set out that no homeowner should “decorate, change or otherwise alter the appearance of any portion of the exterior of a dwelling or the landscaping, grounds or other improvements within a lot” unless approved by...
Feature

Preempt Disasters by Getting Board Authority Over Equipment in Members' Units

July 10, 2018    
Proper and timely maintenance of every feature in a planned community or condominium is key to keeping things running smoothly. But members will inevitably have a wide range of attitudes toward their own maintenance obligations. On one end of the spectrum will be members who understand that,...
Dealing with Members

How Business Judgment Rule Can Protect Association from Lawsuits

July 10, 2018    
Typically, if decisions made by the board turn out well, members are happy. But if the decisions lead to unforeseen costly expenses to the community, some members might sue, regardless of the board members’ good intentions. That’s why it’s more important than ever that your board...