eAlerts

Refusal to Institute Smoking Ban Doesn’t Violate FHA

As the number of smokers falls, it seems the number of people irritated by smokers climbs — which can lead to problems in community associations. Things can get especially tricky when the irritated owner claims a disability. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to…
Featured Articles

Smoking Ban Isn’t a Reasonable Accommodation for an Asthmatic Owner

Disputes over smoking — whether tobacco or marijuana — aren’t limited to community associations that prohibit smoking. Even associations that permit smoking can have disgruntled owners who complain about the practice. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to unlawful discrimination. “It’s a good example…
eAlerts

Can the Coronavirus Excuse Contract Obligations?

The coronavirus crisis has thrown business as usual out the window. As your clients struggle to cope with the many effects, from operational to economic, they may be wondering about the enforceability of some of their vendor contracts in light of this unprecedented event. Depending on the circumstances, it possible that contractual obligations might indeed…
Featured Articles

Vendor Contracts in a COVID-19 World

When the coronavirus forced many of the usual community association activities to shut down this past spring, some of your clients may not have needed all of the services they’d already contracted for — or their vendors might not have been able to perform due to government orders or staff shortages. In such circumstances, it’s…
eAlerts

Recognizing the Telltale Signs of Hoarding

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…
Featured Articles

How to Deal with Hoarders, Part One: Identifying the Problem

Hoarding is more than just fodder for reality TV fans. The American Psychiatric Association (APA) has formally recognized it as a disorder that affects an estimated 2 to 6 percent of the population. According to the APA, sufferers excessively save items that others may view as worthless, leading to clutter that disrupts their ability to…
eAlerts

Lakefront Association Case Creates Waves Regarding Modification Requests

Every community association is its own animal, and that may be especially true for associations built along the water or in areas with special attractions. But, if you look past the superficialities, their disputes often have lessons for more “mundane” associations. That was the case with a Michigan dispute over dock rights. If they’re not…
Featured Articles

Court Blocks Association’s Dock Reorganization Plan

A lakefront homeowners association recently found itself in hot water when it tried to implement a reorganization of owners’ docks. The implications of the case, though, aren’t limited to associations on the water. “Lakefront property owners and associations that manage lakefront property are very litigious,” concedes Dan Artaev, senior attorney at Fausone Bohn, LLP, in…
eAlerts

Who’s Responsible for Screening Tenants?

You and your boards might not like it, but some associations’ bylaws clearly permit owners to rent their units. So what does that mean for managers and boards? Do they have some responsibility for vetting prospective tenants? Not according to a New York state court (Kling v. The 129 Lafayette Street Condominium). The owner of…
Legal Compliance for Community Associations

Owner Sues Manager and Board Over His Own Tenant’s Behavior

Owners renting their units can lead to all sorts of complications for a community, but, just when you think you’ve got your arms around the potential issues, another one can pop up. The manager and board of directors for a condominium association in New York City, for example, probably never considered the possibility that an…