Departments

Majority Vote Can Amend Restrictions in Missouri

This week, we tell you about a landmark ruling out of Missouri that dramatically expands the ability of associations to add restrictions by amendment. It frees associations there — and potentially elsewhere — from a rule that has handcuffed them for 80 years. The new case involves a subdivision that was established in 1923, with…

Missouri Court Strikes Down Long-Standing Unanimous Consent Requirement to Amend Restrictions

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

Bright Lights, Big Lawsuit: Court Says HOA Lacks Authority to Enforce Holiday Decorations Rules

It’s not unusual for a community association board to develop rules and regulations for holiday decorations — but do they have that authority? You might be surprised. This week, we discuss a case where the Virginia Supreme Court struck down an HOA’s decorations guidelines because the declarations didn’t give the board authority to impose such…

Ho, Ho, Holiday Decorations: Exterior Lighting Case Highlights Limits to Board Authority

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

Here Come the New Overtime Rules!

This week, we lay out the new rule regarding who qualifies for overtime pay and who doesn’t. The U.S. Department of Labor released the final rule this past September, and it’s poised to take effect on January 1, 2020. With the possibility that currently exempt employees won’t continue to qualify for their exemptions under the…

The Overtime Rules Change on January 1: Are You Ready?

After a years-long effort to update the federal rules regarding overtime compensation, the U.S. Department of Labor (DOL) has issued its final rule. The rule, which changes the eligibility standards for so-called white-collar workers, is scheduled to take effect on Jan. 1, 2020, so you need to act promptly to ensure your compliance and reduce…

California Joins States Prohibiting Restrictions on Religious Displays

This week, we look at new California legislation that explicitly bars community associations from restricting owners’ displays of religious items on their entry doors and frames, easing tensions for boards that have been put between a rock (observing religious freedoms) and a hard place (complying with governing documents). Several other states have already seen the…

Laws Bar Rules Against Religious Displays

A new California law taking effect Jan. 1, 2020, tackles restrictions on the display of religious items on owners’ entry doors and frames — and it won’t be the first such law in the United States. Other states, including Connecticut, Florida, Illinois, Texas, and Rhode Island have similar statutes. These laws might seen unnecessary in…

Stay on Top of Emerging Parking Issues

This week, we highlight three parking issues that cause problems in many community associations — the growing demand for disabled parking, legal restrictions on enforcement, and a new twist on commercial vehicles. We discuss the headaches they create for managers and boards and propose some solutions. By the year 2030, all Baby Boomers will be…

3 Hot-Button Parking Issues for Community Associations

Parking headaches rank high on the list of many community association managers’ ongoing irksome issues. You can reduce the headaches, though, by staying on top of emerging issues and planning how you’ll address them before they become a major problem. 1. Increased Demand for Disabled Parking By the year 2030, all Baby Boomers will be…