Month: December 2010

The Americans with Disabilities Act (ADA) applies to “public places” and not to private communities. However, if your community allows public use of its swimming pool or other facilities, you may be subject to the ADA and its most recent revisions.

In 2010, the U.S. Department of Justice issued final regulations revising Title II and III of the ADA, including the ADA Standards for Accessible Design. The revised regulations will take effect March 15, 2011, and compliance must be achieved by March 15, 2012.

The Red Flags Rule is a regulation published by the Federal Trade Commission (FTC) under its consumer protection authority to compel businesses to develop written plans to combat identity theft. It was created under the authority of the Fair and Accurate Credit Transactions Act (FACTA) and the federal Fair Credit Reporting Act (FCRA).

Facts: A member had a leaky sewer pipe two feet beneath the concrete slab underlying his condominium. The leak was discovered when liquid seeped up into the floors and carpet of the member's unit. The leak was reported to the association's president, who called property management, who then sent a plumber to make repairs.

Nevada Financial Institutions Division Commissioner George Burns recently ruled that collection agencies for community associations in Nevada can no longer charge excessive fees. The decision limits collection agencies to nine months of back association dues and permits fees only as outlined under state laws. Any added fees or charges must first be approved by the association.

Facts: A property manager wrote to a member, asserting that she was in violation of the community's governing documents by keeping a bird in her condominium and permitting it to chatter and whistle to the annoyance of other members. She was given two weeks to remove the bird or the association board would begin fining her $10 per day. The manager again wrote to her a month later, notifying her that fines were being assessed against her unit at the rate of $10 per day.