eAlerts


Tunnel Vision Leads To Contentious Communities – How To Turn Things Around

Community associations that harbor acrimony and hostility are among the most difficult to manage and govern. With the country seemingly at odds more than ever, managers need to step up and do their part to promote healing in divided communities. “Associations are becoming more polarized,” says Brad van Rooyen, national VP of HOA management for…

Business Judgment Rule Protections Can Vanish Amid Conflicts of Interest

Conflicts of interest can strip board members of the protections they otherwise might have under the business judgment rule. A case involving a California HOA recently drove that point home. “The case really demonstrates the limits of the business judgment rule and how it’s very easy to step outside the limits of the law if…

What Community Association Managers Worry About These Days

With COVID-19 vaccinations widely available and government restrictions dramatically loosened, community association managers have more bandwidth to deal with matters that might have been neglected during the pandemic. We asked some of our experts about the issues they were now turning their attention to. Unfortunately, while COVID concerns have receded, they’ve been replaced with a…

Don’t Get Stuck Paying Attorney’s Fees

When associations sue owners, they typically rely on language in the governing documents that provides the owner must pay the association’s costs if it prevails. But the Missouri Supreme Court recently ruled that an HOA that successfully sued an owner over unapproved construction was on the hook for its own nearly $84,000 in attorney’s fees.…

Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” The natural step when a…

These Days, Are Safety Measures More About Protection From Lawsuits?

The media have been blasting headlines about rising crime, but the message doesn’t seem to be getting much traction with many community associations. While they may have implemented what ostensibly are security tools, these associations are deploying them more to monitor residents than to combat crimes against people or property. “Security these days is less…

Can Your Clients Impose Vaccine Requirements?

If your clients are facing pressure to both re-open amenities and keep their residents safe from COVID-19, they might be considering imposing vaccine requirements. As is so often the case, boards find themselves in a difficult position when it comes to safely managing indoor common areas this summer. “It’s a tricky business,” says Donna DiMaggio…

Foreclosures Require Strict Attention to All the Details

A Florida HOA didn’t provide an owner it was trying to foreclose on with documents required by the declaration. The result? The case is going to trial. The HOA filed a foreclosure action against an owner, alleging that he hadn’t paid outstanding quarterly assessments and costs. It asked the court to rule in its favor…

New Emergency Powers (and More) in Florida

A far-reaching new piece of legislation targeting community associations, Senate Bill (S.B.) 630, took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though,…

Emotional Support Animal vs. Severe Pet Allergies – Who Wins?

A no-pet policy. An owner who requests an emotional support animal (ESA). Another owner with severe pet allergies. What’s your client to do? A recent ruling by the Iowa Supreme Court demonstrates just how dicey this situation can be — even when a board tries its best to accommodate everyone. The case involved tenants in…