eAlerts


4 Ways to Recession-Proof Your Clients

No one can say for certain when the next recession will strike the U.S. economy, but one thing is certain — it’s going to happen. Yet, despite the hardships many community associations suffered in the last round, some remain just as vulnerable as they were then. It may be up to their managers to nudge…

No Meetings Doesn’t Mean No Board Authority

If your clients have problems getting sufficient attendance at meetings to elect new board members, they’re not alone. The good news, though, is that this generally doesn’t impact the authority of the incumbent board to act on behalf of the association. That was the ruling in a recent case that made it to the Michigan…

Unhappy Owners Still Have To Pay Their Assessments

Owners can act out in different ways when they don’t like how their associations are carrying out their business and feel their complaints are being ignored. One common reaction is to withhold assessments until they get the response they want. But the law generally doesn’t let them do this. The Indiana Court of Appeals recently…

2020 Political Signs: Get Your Strategy in Place Now

2020 is here, and election season is right around the corner — depending on your location, it may have already started. You can count on some owners wanting to post signs supporting their preferred candidates. What can your client associations do about it? According to Stephen Davis, an attorney with the firm Carmody MacDonald who…

Effective January 1st, California Community Associations and Managers Face New Fair Housing Regulations

It’s taken almost two years of hearings, comments, and modifications, but California’s new regulations aimed at curbing housing discrimination have been finalized and approved. “As far as we can tell, these are the first detailed state fair housing regulations in the country,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC, a California law…

Keeping a Lid on the Cauldron: Handling Hostility at Association Meetings

This week, we dig into the rise in incivility at community association meetings. Examples abound of inappropriate behavior these days, making it difficult for managers and boards to perform their duties. Rather than ignoring such conduct, though, they need to take a proactive stance, and we’ll explain how. From profane name-calling to fistfights, the behavior…

Owner Is Liable for Previous Owner’s Violations

This week, we dig into a landmark case out of Michigan. The state Court of Appeals ruled that a condo association could hold a unit owner liable for the previous owner’s bylaw violations, even though the association had let them go unabated for at least two years. The case is full of good news for…

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…

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…

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…