eAlerts


Associations Don’t Need to Grant Every Service Animal Request

It sometimes seems like community associations and their managers always come up on the losing end of cases related to owners’ service animal requests. But this week we’ll review a ruling from the Michigan court of appeals that makes clear that associations aren’t required to grant every request. Janis Creswell owns a unit in a…

Voter Apathy Not Necessary to Have Court Amend Voting Rules

In California, associations that can’t get a popular CC&R amendment passed because of supermajority voting requirements have another option — they can ask a court to amend the voting requirement to make it less onerous. A common question in such situations is whether an association must show voter apathy before a court can act. In…

Should You Use the Nuisance Provision to Regulate Marijuana Smoking?

The 2018 midterm elections saw three more states join the ranks of those allowing recreational or medical marijuana use, pushing the total number of states to more than 30. As legalization has spread, so, too, have owner complaints about their neighbors’ smoking — and the pressure on boards to use the nuisance provision in response.…

How to Keep the Board Full and Fresh

This week, we’ve got some practical tips on how associations, their current boards, and their management companies can effectively recruit new members for the board of directors. Board recruitment has long been a challenge, and many associations find it harder than ever to find fresh, qualified, and willing replacements. “It’s an especially huge issue in…

Mishandling a Service Animal Request Can Cost Your Board — and You — Big Time

Owner requests to get around pet restrictions with service animals are nothing new, yet associations continue to struggle with how best to handle them. We’ll tell you about a new case that make clear how costly this can prove, not just for associations but also for management companies. “In this case, the HOA did everything…

Owners Have Solar Panel Plans; Do You Know What Your Association Can — and Can’t — Require?

Solar power is making gains in many parts of the country, and more and more community association owners are interested in installing their own panels. Associations traditionally have been resistant to such projects, citing aesthetics and other reasons. We’ll explain how state laws can limit associations’ ability to regulate solar panel usage. Why the surge…

How Neighbor Disputes Can Lead to Association Liability

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…

Access Denier Ends Up on the Hook for Association’s Legal Bills

Governing documents generally allow associations to enter individual units with proper notice for maintenance and emergency repair purposes. Owners don’t always cooperate, though, and sometimes associations have to go to court to gain access. The good news? As a case involving a California owners association demonstrates, they may be able to recover their costs for…

The Great Defibrillator Debate: Weighing the Pros and (Potential) Cons

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. This week, we dig into why it’s important to understand some of the…

Cyber Criminals Could Come for Your Community Association — and You!

A recent survey conducted by the Foundation for Community Association Research found almost half of the community association respondents didn’t have policies and procedures in place to safely collect and store homeowners’ personal data. This week, we’ll explore why that’s a problem. It’s true that associations often operate on the more low-tech side of things,…