eAlerts


ARC Blunders Lead to Association Liability

Architectural review committees play an important role for associations that strive to achieve consistent and pleasing aesthetics in their communities. But, as the saying goes, with great power comes great responsibility — and the irresponsible use of that power by an architectural committee can prove costly for its association. As a recent case out of…

Save It or Shred It? Document Retention Tips for Managers and Associations

You’re not alone if you have hard time getting your clients to remember that community associations are businesses — and businesses need document retention plans. Yet many associations take an ad hoc approach (at best) to managing their paperwork. “This can become a problem because community associations are required to keep a great deal more…

New Board Election Laws Increase Time, Cost, and Administrative Burdens

California recently enacted new requirements for HOA board of director elections that took effect at the beginning of the year. The far-reaching changes makes some dramatic changes to the way most associations have traditionally handled elections. "Now that it has taken effect,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC, a California law…

Associations Target Community Gun Control

Gun rights can trigger emotional responses on both sides of the issue, and the debate is becoming more common among community associations, as they aim to protect themselves. But even when a community is largely in agreement about the need to restrict firearm possession on the property, it might not have the power to do…

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…