Month: February 2015

Inevitably, a community’s on-site manager—an employee of the association—or management company will part ways with the association at some point. If the manager has acted responsibly and fulfilled her duties during her tenure, a transition to new management might be easier than if your association manager is leaving on bad terms because of unprofessional or even illegal behavior.

Despite the improving economy, some communities are still facing increased costs associated with the abandoned and foreclosed homes left in disrepair during the economic downturn. They may be faced with the task of maintaining the still-abandoned properties at their own expense, tracking down the lenders that are failing to keep the properties up, or allowing the properties to become both unsightly and, in some instances, dangerous.

Facts: A condominium member replaced the carpeting in his unit with wood floors to alleviate his wife’s dust allergies, which worsened since she and the member had moved into the unit. The member didn’t ask the condo association for approval to replace the carpet. After the wood floors had been installed, the members who occupied the unit below complained to the association that they could hear constant noise from the unit above.

Facts: A condo association asked a trial court for a determination that it was the owner of 39 of 67 parking spots that were located between its condos and some townhouses that were part of a homeowners association. The condo association alleged that starting in 1985 and continuing through 2008, it believed that it held title to all 67 parking spaces, but discovered in 2009 that it did not, in fact, own title to the spaces.