Month: June 2015

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar.

It's easy to use interior landscaping to do more than just improve the aesthetic of your community’s common areas. Interior landscaping improves indoor air quality (IAQ) and can even lower your energy costs. Plants filter air by absorbing pollutants and they produce oxygen—which is especially helpful in sealed, energy-efficient buildings that have less exchange of fresh outdoor air for stale indoor air.

Summer is here and like many associations, yours might want to celebrate with and create goodwill among members. But before sponsoring an athletic event like a basketball game at your community, read your liability policy to see if athletic events are covered and speak to your insurance broker also. Why? Insurers often exclude injuries resulting from athletic events from an association’s liability coverage, which could leave the community open to liability for any injuries that occur during the game.

Last year proved to be an exciting year for a push to reform and revamp many association laws and policies. And advocacy for key association issues continues going strong. The major organization behind furthering an association-favorable agenda is the Community Associations Institute (CAI), with its Federal Legislative Action Committee (FedLAC) and Government Affairs Department. The FedLAC advocated on behalf of community associations and CAI members before the U.S. Congress, federal regulatory agencies, state legislatures, and the courts.

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar. And that’s one of the main draws of association life: living in a beautiful community.

Q: The association I manage prohibits the installation of HAM radio towers and antennae. I’ve read about the movement to allow members in planned communities to install this equipment despite these rules. Why—and when—could members be able to simply disregard the architectural rules and guidelines? Could this damage the association?

As an association manager, inevitably you’ll be faced with a member’s complaint about some aspect of his unit. And if there is a difference of opinion as to whose responsibility—the member’s or association’s—it is to repair a problem, it could lead to a dispute that eventually turns litigious. A key issue in such disputes is whether the party suing the association has “standing”—that is, the power to sue.

Facts: A condominium member owed nearly $8,000 in delinquencies and attorney’s fees. After he refused to pay, the association’s management company and attorney sued him on behalf of the association. A trial court ruled in favor of the association. The member appealed.

Decision: A Missouri appeals court upheld the trial court’s decision.

Facts: A condominium member fell and injured herself on ice and snow on the sidewalk outside of her building. She sued the association and management company for negligence. They asked the trial court for a judgment in their favor without a trial. They prevailed, and the member appealed.

Decision: An Illinois appeals court upheld the trial court’s decision.