Month: October 2019

Help Associations Protect Themselves from Financial Fraud

This week, we dig into the significant risks smaller community associations shoulder when they leave the handling of financial matters to only one or two insiders and suggest some steps they can take to control those risks. Unfortunately, it’s not uncommon for under-resourced or overtrusting associations to find themselves the victims of fraud. In April…

Could a Treasurer Be Defrauding Your Community Association?

In April 2019, an Iowa man pleaded guilty to a scheme to defraud his homeowners association out of almost $125,000, which he used in part to pay the mortgage on his unit. The scheme ran for nearly five years. The man, who served as treasurer, funneled the funds from an association account to another account…

Familial Discrimination Claims are on the Rise

The risk of racial, religious, and disability discrimination claims likely are at the forefront of most community association boards and their managers. This week, we dig into another burgeoning area on the discrimination front — discrimination against families with children. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD)…

The Kids are All Right: How to Avoid Familial Discrimination Claims

Attorneys who work in the fair housing arena report that claims of familial discrimination against community associations and their managers are on the upswing. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD) announced it was charging the owners and manager of a condominium complex with violating the Fair…

How an Effective Collections Policy Can Help Your Clients Avoid the Courthouse

Little has a more direct impact on an association’s bottom line than the owner’s payment of assessments. Yet, when owners fall behind on their dues, many boards of directors fail to tackle it head on. Their inconsistent responses — or lack of response altogether — can have significant financial implications. You can help them avoid…

Why Your Clients Need a Formal Collections Policy

Too many community association boards of directors avoid the question of how to deal with delinquent assessments until it falls squarely in their lap. When that happens, some quickly pull the trigger and start pursuing foreclosure, while others drag their feet or attempt various ad hoc measures. You can help them avoid these potentially risky…

How to Tackle the Short-Term Rentals Issue

A lot of people have a love-hate relationship with Airbnb and other short-term rental arrangements — and the same is true for community associations. Some want to bar the rentals entirely, while others want to allow them but struggle with regulation. This week’s article outlines the different approaches popping up across the country. As in…

Associations Confront the Continuing Challenge of Short-Term Rentals

The short-term rental phenomenon spurred by Airbnb, VRBO, and the like has turned out to be more than a fad. Rather, it’s an ongoing problem for some community associations, particularly those in popular areas for tourists. Read on to learn how some boards of directors and managers are addressing it. A Sampling of Strategies As…

Accommodating One Group Can Discriminate Against Another

Your clients no doubt know that they may need to reasonably accommodate various protected classes, but it may not occur to them that their efforts to empower one group could result in discrimination claims from another. A New Jersey condo association learned this lesson the hard way. The association has a large Orthodox Jewish population.…

Religious Accommodation Goes Wrong: Court Finds Sex-Segregated Pool Hours Unlawful

A New Jersey condo association with a community pool thought it was bending over backward to accommodate its religious owners with the pool schedule. But its efforts to work with one protected class ended up inadvertently discriminating against another. Read on to learn how the association landed in court. Pool Rules Make a Splash The…