eAlerts


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…

California Joins States Prohibiting Restrictions on Religious Displays

This week, we look at new California legislation that explicitly bars community associations from restricting owners’ displays of religious items on their entry doors and frames, easing tensions for boards that have been put between a rock (observing religious freedoms) and a hard place (complying with governing documents). Several other states have already seen the…

Stay on Top of Emerging Parking Issues

This week, we highlight three parking issues that cause problems in many community associations — the growing demand for disabled parking, legal restrictions on enforcement, and a new twist on commercial vehicles. We discuss the headaches they create for managers and boards and propose some solutions. By the year 2030, all Baby Boomers will be…

Help Associations Protect Themselves from Financial Fraud

This week, we dig into the significant risks smaller community associations shoulder when they leave the handling of financial matters to only one or two insiders and suggest some steps they can take to control those risks. Unfortunately, it’s not uncommon for under-resourced or overtrusting associations to find themselves the victims of fraud. In April…

Familial Discrimination Claims are on the Rise

The risk of racial, religious, and disability discrimination claims likely are at the forefront of most community association boards and their managers. This week, we dig into another burgeoning area on the discrimination front — discrimination against families with children. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD)…

How an Effective Collections Policy Can Help Your Clients Avoid the Courthouse

Little has a more direct impact on an association’s bottom line than the owner’s payment of assessments. Yet, when owners fall behind on their dues, many boards of directors fail to tackle it head on. Their inconsistent responses — or lack of response altogether — can have significant financial implications. You can help them avoid…

How to Tackle the Short-Term Rentals Issue

A lot of people have a love-hate relationship with Airbnb and other short-term rental arrangements — and the same is true for community associations. Some want to bar the rentals entirely, while others want to allow them but struggle with regulation. This week’s article outlines the different approaches popping up across the country. As in…

Accommodating One Group Can Discriminate Against Another

Your clients no doubt know that they may need to reasonably accommodate various protected classes, but it may not occur to them that their efforts to empower one group could result in discrimination claims from another. A New Jersey condo association learned this lesson the hard way. The association has a large Orthodox Jewish population.…