eAlerts


Can Associations Make COVID Vaccinations Mandatory?

COVID-19 vaccine development is looking very promising. Some high-risk groups may even be able to get vaccinated before the end of 2020. As vaccines become widely available, some of your clients, particularly those with older populations, may start wonder if they can — and should — require residents to be vaccinated. “People aren’t thinking about…

Now’s the Time To Review Your Continuity Planning Preparations

Community association managers can help prove their worth by prompting their clients to tackle an issue many probably haven’t considered — continuity planning. Almost every association and manager have certain board members they rely most heavily on, often long-standing members with impressive amounts of both institutional and practical knowledge. What happens if one of those…

Do Your Clients’ Deed Covenants Contain Racist Language?

The Fair Housing Act may prohibit racial discrimination, but a surprising number of community associations’ deed covenants still contain racial restrictions — and some of your clients could be among them. With civil rights a mainstay in the media since the death of George Floyd in May 2020, associations with such restrictions should take action…

Failure To Enforce Can Have Sweeping Consequences

A Texas Court of Appeals has found that the failure to enforce a subdivision’s restrictive covenants constituted an abandonment of the restrictions as a whole — despite the fact that the covenants included a severability provision intended to protect the other provisions if one or more were struck down as unenforceable. “I’ve defended associations in…

Is Your Association Vulnerable to Phishing Attacks?

It’s National Cybersecurity Awareness Month — are you, your employees, and your boards of directors aware of community associations’ risks from phishing attacks? If not, or if proper precautions aren’t taken, your clients and their owners could lose control of their confidential information. And the risks are even higher if you have staff working from…

Court Says Manager Wasn’t a Debt Collector – But This May Not Always Be True

A federal Court of Appeals recently ruled that a community association manager wasn’t a “debt collector” for purposes of the Fair Debt Collection Practices Act (FDCPA), which strictly regulates the conduct of general debt collectors. But managers shouldn’t take too much comfort in the decision because it left open the possibility that the result might…

Budgeting in a Time of COVID

We're willing to bet that very few of your clients' budgets are on track for 2020, and figuring out how to adjust and plan for 2021 is complicated. “We’re looking at all those odd pieces, the additional costs associations have borne since March,” says Paul Grucza, director of education and client development at the Seattle-based…

Association Wins Short-Term Rental Case

The owners in a Kentucky subdivision came out on the wrong side of a court case over their use of their property for short-term rentals. Although the community association wasn’t involved in the litigation, the ruling sheds some light on the arguments associations can expect when trying to block short-term rentals in court — and…

Court Orders Gated Community to Allow Sober Living Group Home

Community association residents can be as guilty of “not in my backyard” as anyone else when given the chance. And they may be in for an unpleasant surprise if they count on their declaration and restrictions to protect them from such situations. A community association in Austin, Tex., learned this the hard way. A federal…

How Should Association Assess Buyers’ Financial Health?

Your clients may be worried that the COVID-19 crisis threatens their financial stability, but you need to help them avoid going too far in their efforts to protect their bottom lines. One path to steer them away from, for example, is becoming overly invasive in their financial screening of prospective buyers. An association in Florida…