eAlerts


Washington Court Says Board Has Wide Latitude to Set Assessments

The Washington Supreme Court has ruled that an HOA’s governing documents grant the board broad discretion in setting assessments. The court also ruled that the board’s decision on assessments was entitled to substantial deference — but not because of the business judgment rule. “This is a major win for associations in Washington state and may…

Know Where You Want To Go With Your Sustainable Landscaping Initiatives

As the effects of climate change become harder to ignore, more community associations are ready to move past debating the pros and cons of converting to sustainable landscaping and finally start the ball rolling. There’s no one-size-fits-all solution for every association. Multiple factors come into play, including geographic location and the owners’ appetite for change.…

Mixed Motives Help Sink a Resident’s Accommodation Request

If you and your clients have become hesitant to deny any request for an accommodation, a federal district court has just sent a message that denials made after a thoughtful and careful process may get more support than you’d have expected. Brenda and David Norman had lived in their home in Rancho del Lago at least six…

Communication Is a Crucial Skill for New Managers

Many community association management firms are reaching outside the traditional pool of candidates and bringing on managers with no experience in the industry. This approach can work — but only with proper support. “Letting people new to the industry just hit the ground running is where we’re seeing companies have trouble,” says Katie Anderson, CEO…

Insurance Coverage Can Turn on Full Disclosure

Many associations are taking a second look at their insurance coverage these days. That makes this a prime time to remind them that omitting potential legal claims or other so-called “material” information can come back to bite them. A California HOA learned this lesson the hard way association when a court found it concealed important…

How To Navigate an Increasingly Expensive World

Rising inflation has been all over the news, but that doesn’t necessarily make it any easier for boards and owners to swallow the climbing costs for both large projects and day-to-day operations. Fortunately, many associations saw the writing on the wall and increased their budgets for 2022. “Most of the increases we planned for in…

State Supreme Court Has New Spin on “Residential Purpose”

We’ve covered several cases over the past couple of years where state courts found that an association’s residential use restriction prohibited short-term rentals. But now the South Dakota Supreme Court has held otherwise. That court concluded that the definition of the term “residential purpose” includes short-term rentals. “This is a different interpretation than I’ve seen…

What Do the Surfside Report Recommendations Mean for Managers?

A grand jury recently released a report on the Surfside condo collapse. What do the report's recommendations mean for managers? The report doesn’t specifically refer to managers, but they would certainly feel the effects of any enacted recommendations. “I’d expect that if some of these recommendations are adopted, the burden will end up falling on…

Can Owners Challenge Deconversions?

In a previous article, we dove into the upswing in condo deconversions in some parts of the country, with multi-unit buildings that were converted from apartments years ago reverting back to rental units. The Illinois Court of Appeals recently issued an important ruling addressing owners’ ability to challenge such moves. “The ruling is good for…

Insurance is Key to Protecting Your Board Members

Board member burnout isn’t new, but recent events also have members concerned about their potential liability, only compounding the effect on board retention. “It’s just been a really tough time for boards, and it already wasn’t a glorified position,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff. “I have…