Month: April 2016

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

The ability to control the appearance of homes and other improvements in a planned community is a selling point for homeowners who want to ensure that their neighborhood is nicely maintained and that unsightly decorations or design schemes are kept at bay. Typically, aesthetic requirements are found in the governing documents.

Many board members have other obligations outside of association life, such as jobs, families, and extracurricular activities. The volunteer nature of serving on the board sometimes means that corners are cut to save time. If decisions are made and carried out in a way that doesn’t short-shrift the community, a failure to precisely follow the declaration might stay under the radar. But could this undermine the board’s authority?

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

This spring, you and your association are probably planning summer events that will give members a chance to have fun in the community and get to know their neighbors. Organizing events can also be a team-building experience for your staff and create goodwill between management and residents. It’s not all fun and games, however. Community-building events, such as pool parties or cookouts, may feature food and drinks, including alcohol. If the association serves alcoholic beverages at an event, it creates the potential for liability if someone is injured or killed as a result.

Homeowners can be optimistic about taxes, thanks to a measure that would create a new deduction. U.S. Representatives Anna G. Eshoo (D-CA) and Mike Thompson (D-CA) have introduced a measure that would allow homeowners in community associations who earn $115,000 or less in annual income to deduct up to $5,000 of their community association fees and assessments from their federal tax liability.

In Florida, a plane club may be grounded as a battle between a handful of homeowners and a RC plane club in Escambia County continues. The recreational club, which attracts model plane enthusiasts, has been called out as a nuisance by homeowners in a community adjacent to the field where they fly planes. Some people feel conflicted as they understand the homeowners’ concerns but think that the plane club is a local tradition and has been a great source of fun for more than 14 years.

Facts: Several homeowners in a planned community kept hens on their lots. The association informed them that this violated the association’s covenants. The covenants disallow “animals, birds, or poultry” on residents’ lots unless kept as “recognized household pets.” The owners claimed that their hens met the recognized household pet exception. The association argued that the term “recognized household pets” isn’t defined in the covenants, which were, therefore, ambiguous.

Facts: After the owners of a unit hadn’t paid assessments for several months, a condominium association filed a forcible entry and detainer action. At a trial, the association presented testimony from the president of its board of directors and an employee of the management company. They both testified that the unit owners had been given the required notice that the assessments were past due and that, if they weren’t paid, the association would take possession of the unit.

Facts: A condominium building association attempted to foreclose on two liens against a unit in the building. The liens were for unpaid common area charges. The unit owner asserted that the association was required to comply with a state property law, which requires that this type of action be carried out in the same manner as an action to foreclose on a mortgage. That is, a notice must be served with the summons and complaint.